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State v. Maggio
Probation terms forbidding defendant from contacting or residing with children are not unenforceable for vagueness.
Criminal Law and Procedure Mar. 6, 2000
Larsen v. Decker
Social Security Administration report finding plaintiff permanently disabled is hearsay which cannot be admitted to prove plaintiff's injuries in automobile accident.
Torts Mar. 6, 2000
People v. Borrelli
Stalking statute, which requires victim to suffer substantial emotional distress, is constitutional.
Criminal Law and Procedure Mar. 3, 2000
Lectrodryer v. Seoulbank
Bank's retention of funds after issuance of letter of credit supports jury's verdict of unjust enrichment.
Torts Mar. 3, 2000
People v. McHenry
Restitution fines aren't subject penalty assessments under Penal Code Section 1464(a) and Government Code Section 76000(a).
Criminal Law and Procedure Mar. 3, 2000
Stone v. The Regents of the University of California
Where employee's conduct is outside scope of employment, employer is not required to defend employee in civil lawsuit.
Torts Mar. 3, 2000
People v. Watson
Police decoy operation, that entices car theft by leaving keys in car ignition, is not entrapment.
Criminal Law and Procedure Mar. 3, 2000
Zink v. Gourley
Suspension for refusing to submit to chemical testing may not be mitigated to restricted license if individual holds commercial driver's license.
Administrative Agencies Mar. 3, 2000
People v. Guzman
Punishment enhancement proper when driver's drunken state is direct cause of passenger's 'great bodily injury.'
Criminal Law and Procedure Mar. 3, 2000
People v. Flynn
Displaying gun after simple taking is sufficient cause to return conviction for robbery, rather than grand theft.
Criminal Law and Procedure Mar. 3, 2000
People v. Ranger Insurance Co.
Mailing of forfeiture notice extends time that summary judgment may be entered against bail bond.
Criminal Law and Procedure Mar. 3, 2000
Zachary G., a Minor
Hearing to reinstate parental rights isn't required when mother's petition shows no changed circumstances or that change is in child's best interests.
Juveniles Mar. 3, 2000
People v. Stewart
Out-of-state conviction for attempted robbery with deadly weapon does not qualify as serious felony for enhancement under three strikes law.
Criminal Law and Procedure Mar. 3, 2000
Kroupa v. Sunrise Ford
Auto dealer violates Vehicle Leasing Act by not mentioning trade-in allowance on lease document.
Business Law Mar. 3, 2000
People v. Young
Failure to obtain certificate of probable cause to challenge maximum sentence imposed based on plea agreement precludes constitutional challenge to sentence.
Criminal Law and Procedure Mar. 3, 2000
People v. Phillips
Spontaneous declaration is properly excluded when there is no indication that declaration was from personal observation or repetition of someone else's statement.
Criminal Law and Procedure Mar. 3, 2000
People v. Roundtree
Rape is committed even when victim initially consents and then withdraws consent during sexual intercourse but is forced to complete the act.
Criminal Law and Procedure Mar. 3, 2000
People v. Stewart
Out-of-state conviction for attempted robbery with deadly weapon does not qualify as serious felony for enhancement under three strikes law.
Criminal Law and Procedure Mar. 3, 2000
People v. Ranger Insurance Co.
Mailing of forfeiture notice extends time that summary judgment may be entered against bail bond.
Criminal Law and Procedure Mar. 3, 2000
Fairmont Insurance Co. v. Superior Court of Riverside County (Stendell)
In case of mistrial, last date for completing discovery is 15 days before date initially set for new trial of action.
Civil Procedure Mar. 3, 2000
Price v. Superior Court (People)
Penal Code Section 784.7, which allows consolidation of certain cases arising in different counties, isn't constitutionally defective.
Criminal Law and Procedure Mar. 3, 2000
U.S. v. Rodriguez-Lopez
District court has authority to reduce sentence on offer to stipulate to deportation even where government fails to consent through fast track plea agreement.
Criminal Law and Procedure Mar. 3, 2000
Hodgers-Durgin v. De La Vina
U.S. citizens engaged in innocent conduct and stopped by border patrol agents must show sufficient likelihood of injury to warrant relief.
Civil Rights Mar. 3, 2000
U.S. v. Johnston
Failure to allow defendant to set off money forfeited to compensate victim in compliance with restitution order constitutes judicial error.
Criminal Law and Procedure Mar. 3, 2000
Avalanche Maritime Ltd. v. Parekh (In re Parmetex Inc.)
Under pre-1994 Bankruptcy Code, statute of limitations for avoidance actions begins to run from date of interim trustee's appointment, not date of permanent trustee's qualification.
Bankruptcy Mar. 3, 2000
Mora v. Vasquez (In re Mora)
Placing cashier's check in mail does not constitute 'delivery' for purposes of avoiding postpetition transfer.
Bankruptcy Mar. 3, 2000
Dodge v. Superior Court (Casper's Concrete Cutting Inc.)
Once 60-day period is triggered after losing party is served with notice of judgment, court is precluded from granting new trial.
Civil Procedure Mar. 3, 2000
Kernes v. Superior Court (People)
Absent extraordinary circumstances, appellate court must refrain from issuing preemptory writ unless it first issues notice to affected party.
Criminal Law and Procedure Mar. 3, 2000
Weyer v. Twentieth Century Fox Film Corp.
Under Americans with Disabilities Act, employer can offer optional insurance that pays more benefits for physical disabilities than for mental disabilities.
Insurance Mar. 3, 2000
U.S. v. Palafox-Mazon
When evidence doesn't support implicit joint scheme to sell marijuana, each defendant must be sentenced for amount of marijuana separately carried.
Criminal Law and Procedure Mar. 3, 2000