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Kodani v. Reed
Officer had reasonable cause to detain driver who, from officer's perspective, did not appear to be wearing shoulder harness.
Criminal Law and Procedure Nov. 4, 1999
R.S. Creative Inc. v. Creative Cotton Ltd.
Trial court properly imposes terminating sanctions where plaintiff repeatedly attempts to thwart the discovery process.
Civil Procedure Nov. 4, 1999
People v. Castaneda
Trial court may select high aggregate base term for sentencing defendant as long as it does not exceed defendant's original aggregate term.
Criminal Law and Procedure Nov. 4, 1999
People v. Jones
Defendant's prior guilty plea to federal bank robbery doesn't itself establish prior serious felony where bank robbery was not necessarily serious felony.
Criminal Law and Procedure Nov. 4, 1999
San Francisco Forty-Niners v. Nishioka (Comstock)
Trial court may prohibit circulation of initiative petition that contains undisputed, objective falsehoods designed to mislead voters.
Government Nov. 4, 1999
Ziello v. Superior Court (First Federal Bank of California)
Where appeal is only from trial court's order awarding attorney fees and costs, judgment debtor isn't required to file an appeal bond.
Civil Procedure Nov. 4, 1999
Stevens v. Superior Court (API Automobile Insurance)
Private right of action available under Unfair Competition Act for failure to comply with licensing requirements of the Insurance Code.
Insurance Nov. 4, 1999
Stevens v. Superior Court (API Automobile Insurance Services)
Private right of action available under Unfair Competition Act for failure to comply with licensing requirements of the Insurance Code.
Insurance Nov. 4, 1999
Ung v. Boni (In re Boni)
Annulment of automatic stay can not be retroactively enforced where court is unable to fashion remedy for wrong.
Bankruptcy Nov. 4, 1999
Moldo v. Matsco Inc. (In re Cybernetic Services Inc.)
Security interest in a patent is perfected by filing a financing statement with the secretary of state, not the U.S. Patent Office.
Bankruptcy Nov. 4, 1999
Peatros v. Bank of America NT&SA
National Bank Act preempts state law employment suits where bank's Board approves of bank officer's termination.
Employment Law Nov. 3, 1999
Marriage of Congdon
Parent with joint physical custody who isn't moving away can only modify custody decree by showing change in circumstances.
Family Law Nov. 3, 1999
Wells Fargo Bank v. Superior Court (Boltwood)
Communications between trustee and counsel regarding trustee's potential liability on misconduct claims are privileged.
Probate and Trusts Nov. 3, 1999
People v. Givens
Legal and scientific developments validate use of 'unmodified product rule' to quantify DNA test results.
Criminal Law and Procedure Nov. 3, 1999
Potvin v. Metropolitan Life Insurance Co.
Doctor has right to fair procedure before membership in health care provider networks is terminated.
Torts Nov. 3, 1999
Kransco v. American Empire Surplus Lines Insurance Co.
Award against insurer for bad faith isn't reduced by insured's comparative negligence as litigant.
Insurance Nov. 3, 1999
People v. Diaz
Conviction for premeditated attempted murder is error since information charged defendant with lesser offense.
Criminal Law and Procedure Nov. 3, 1999
People v. Martinez
Defendant is sentenced as habitual offender even though his record satisfies three strikes sentencing scheme.
Criminal Law and Procedure Nov. 3, 1999
People v. Allen
For kidnapping, jury can consider nature, character and purpose of asportation and actual measured distance.
Criminal Law and Procedure Nov. 3, 1999
Truck Insurance Exchange v. Superior Court (Peck/Jones Construction Co.)
General liability policy affords no coverage for contractor's negligent failure to meet contractual deadline.
Insurance Nov. 3, 1999
People v. Zermeno
Required two offenses for gang enhancement can be shown by currently charged offense involving an accomplice.
Criminal Law and Procedure Nov. 3, 1999
Scheiding v. General Motors Corp.
Federal Locomotive Boiler Inspection Act pre-empts state claims concerning exposure to asbestos in locomotives.
Torts Nov. 3, 1999
Levy v. Swift Transportation Co. Inc.
Order
Civil Procedure Nov. 3, 1999
Shavers v. Kaiser
Order
Criminal Law and Procedure Nov. 3, 1999
U.S. v. Feldman
Order
Criminal Law and Procedure Nov. 3, 1999
Turner v. Gibbens
Order
Prisoners Rights Nov. 3, 1999
U.S. v. Greenwood
Order
Criminal Law and Procedure Nov. 3, 1999
Williams v. Henderson
Order
Criminal Law and Procedure Nov. 3, 1999
U.S. v. Driskill
Order
Criminal Law and Procedure Nov. 3, 1999
Martinez v. Colorado State Board of Parole
Defendant convicted of violent crime not entitled to annual reconsideration of parole request.
Criminal Law and Procedure Nov. 3, 1999