ACTIONS
· Contract Claims Are Subject to Government Claims Act (Stockton v. Superior Court) [posted 12/14/07]
AGENCY AND EMPLOYMENT
· Under Appropriate Circumstances, Class Action Waiver Is Unenforceable As De Facto Waiver of Unwaivable Right, Under Lab.C. 1194, To Recover Overtime Pay (Gentry v. Superior Court) [posted 09/07/07]
CONSTITUTIONAL LAW
· Under FEHA, Non-Employer Supervisor May Not Be Held Personally Liable for Acts of Retaliation (Jones v. The Lodge at Torrey Pines Partnership) [posted 03/21/08]
CONTRACTS
· Release of Liability for All Negligence Arising From Recreational Activities Was Not Effective as to Gross Negligence (Santa Barbara v. Superior Court) [posted 08/28/07]
CRIMINAL LAW
· Parent Who Knowingly Fails To Take Reasonable Steps To Protect Child From Attack May Be Criminally Liable Under Aider and Abettor Theory (People v. Rolon) [posted 04/15/08]
· Direct Restitution May Be Awarded To Spouse of Deceased Victim for Lost Economic Support (People v. Giordano) [posted 12/07/07]
· Upper Term Sentence Does Not Violate Right to Jury Trial Where at Least One Aggravating Circumstance Is Established by Means Satisfying Sixth Amendment; Imposition of Consecutive Terms for Multiple Offenses Does Not Implicate Sixth Amendment Rights (People v. Black) [posted 08/09/07]
· Procedure on Remand After Sixth Amendment Violation in Upper Term Sentencing: Trial Court May Exercise Discretion To Select Among Three Terms Prescribed for Defendant's Offense, and Jury Trial on Aggravating Circumstances Is Not Required (People v. Sandoval) [posted 08/09/07]
· Traffic Stop by Police Officer Results in Seizure of Passenger for Purposes of Fourth Amendment (People v. Brendlin) [posted 07/05/07]
· Determinate Sentencing Law Violates Sixth Amendment by Basing Upper Term Sentencing on Factual Determinations by Judge, Rather Than Jury (Cunningham v. California) [posted 01/30/07]
EQUITY
· Standing Provisions of Proposition 64 Apply to Pending Actions (Californians for Disability Rights v. Mervyn's, LLC) [posted 08/08/06]
JUDGMENT
· Attorneys Can Intervene in Clients' Action and Move for Attorneys' Fees Under C.C.P. 1021.5 (Lindelli v. San Anselmo) [posted 06/15/06]
PARENT AND CHILD
· Police Officer May Not Rely on Search Condition Unknown to Officer at Time of Search to Justify Warrantless Search of Juvenile Probationer (In re Jaime P.) [posted 12/19/06]
PLEADING
· Proposition 64 Does Not Prevent Amendment of Complaint in Pending Actions To Comply With Standing Requirements (Branick v. Downey Savings & Loan Assn.) [posted 08/08/06]
· SLAPP suit cannot be used by defendant to protect speech that was illegal as matter of law (Flatley v. Mauro) [posted 08/24/06]
· SLAPPback statute only exempts malicious prosecution action from anti-SLAPP statute when underlying action was dismissed as SLAPP suit because it was illegal as matter of law (Soukup v. Law Offices of Herbert Hafif) [posted 08/24/06]
TORTS
· Sophisticated User Defense, Applicable to Negligence and Strict Products Liability Causes of Actions, Exempts Manufacturers From Duty To Provide Sophisticated Users With Warnings About Product Hazards (Johnson v. American Standard) [posted 04/25/08]
· Public Entity Is Not Liable for Injuries From Dangerous Condition In Absence of Either Negligence or Notice--Existence of Condition Is Not Alone Sufficient (Metcalf v. San Joaquin) [posted 03/07/08]
· Internet Service Providers and Users Are Immune From Defamation Liability for Republication (Barrett v. Rosenthal) [posted 12/08/06]
· Assessing Punitive Damages on Basis of Harm to Nonparties is a Taking of Property Without Due Process (Phillip Morris v. Williams) [posted 03/08/07]
Last updated Thursday, April 24, 2008
