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California Supreme Court Case Summaries - March 2000

CALIFORNIA SUPREME COURT
CASE SUMMARIES

California Supreme Court Opinions
Case Summaries - March 16, 2000

TORT LAW - MEDICAL MALPRACTICE

 

Constitutional Law

LOS ANGELES ALLIANCE FOR SURVIVAL v. CITY OF LOS ANGELES
(3/2/00 - No. S073451)
Ordinances directed at public solicitation for the immediate donation or payment of
funds should be analyzed using the intermediate scrutiny standard.

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Environmental Law

ETCHEVERRY v. TRI-AG SERVICE, INC. (3/2/00 - No. S072524)
The federal Insecticide, Fungicide and Rodenticide Act preempts state law claims for
failure to warn of the risks of using pesticides.

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Civil Procedure

LANE v. HUGES AIRCRAFT CO. (3/6/00 - No. S059064)
An order granting a motion for a new trial under Code of Civil Procedure §657
must be sustained on appeal unless opposing party demonstrates that no reasonable
finder of fact could have found for the movant on the trial court's theory.

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Disbarment

IN RE MASON HARRY ROSE V (3/6/00 - No. S062859)
California Supreme Court may summarily deny an attorney's petition for review of a
State Bar Court decision recommending disbarment or suspension without violating
constitutional provisions.

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Government/Property Law / Tort Law

HAGGIS v. CITY OF LOS ANGELES (3/9/00 - No. S074364)

City of Los Angeles was not liable for property damage sustained by plaintiff
homeowner in landslide despite breach of mandatory duty to record notice of
unstable land, because duty in question was not designed to warn potential
purchasers and lenders.

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Tort Law

SCHEIDING v. GENERAL MOTORS (3/9/00 - No. S073196)
Federal Locomotive Boiler Inspection Act forecloses state law causes of action against
locomotive manufacturers for defective product design.

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Tort Law - Medical Malpractice

FOX v. KRAMER (3/16/00 - No. S077861)
Plaintiffs in malpractice action are not permitted to subpoena expert trial
testimony of investigator for the California Department of Health Services,
or refer at trial to a draft preliminary report the investigator prepared for the
Department, when the investigator relied substantially on hospital peer review
committee records in forming his opinions.

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Criminal Law

PEOPLE v. HERNANDEZ (3/16/00 - No. S074951)
Superior court was not authorized to dismiss sanity proceedings in case where defendant was tried and convicted for murder and other offenses, as sanity proceedings are not a "criminal action" within the meaning of Penal Code ¤1385. Insanity is a plea raising an affirmative defense to a criminal charge, and a defendant alone may withdraw it.
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CAL-CASELAW 3/16/00 Case Law
Date:  Thu, 16 Mar 2000 13:09:57 -0800
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