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Name Category Published
Bankruptcy of the Kissel Co.
Order 		Oct. 19, 1999
Rand v. Rowland
District court itself must give pro se prisoner litigant notice and explanation of summary judgment motion. 		Civil Procedure Oct. 19, 1999
People v. Lewis
Prior juvenile adjudication doesn't qualify as strike as it doesn't satisfy requirements of the Welfare and Institutions Code for strike eligibility. 		Criminal Law and Procedure Oct. 18, 1999
MacDougal v. Catalyst Nightclub
When awarding attorney fees, district court may review attorney's 'billing judgment,' and reduce fees if some tasks should've been delegated to associate. 		Attorneys Oct. 18, 1999
In re Bauer
Order 		Oct. 18, 1999
Flippo v. West Virginia
Order 		Oct. 18, 1999
People v. Rivera
Since direct restitution to victim is compensatory, and not a fine or penalty, defendant isn't subject to penalty assessments. 		Criminal Law and Procedure Oct. 14, 1999
People v. Rizo
When the crime charged can't be committed due to factual impossibility, then defendant can only be convicted of attempt. 		Criminal Law and Procedure Oct. 14, 1999
Bosinger v. Phillips Plastics Corp.
Duress must be specifically directed at the arbitration provision, not the contract as a whole, to invalidate an arbitration clause. 		Contracts Oct. 14, 1999
Connecticut Indemnity Co. v. Superior Court (City of Lodi)
City may not subpoena insurance files to assess ability of potential defendants to pay damages for environmental clean-up. 		Government Oct. 14, 1999
People v. Mendoza
Failure of jury verdict to specify convictions are for first degree murder is harmless error. 		Criminal Law and Procedure Oct. 13, 1999
People v. Jackson
Determination of whether a prior robbery conviction constitutes a serious felony rests with the trial court, not the jury. 		Criminal Law and Procedure Oct. 13, 1999
Marriage of Davis
Attorney misconduct, resulting in trial judge's recusal, is a proper basis for conducting a new trial. 		Civil Procedure Oct. 13, 1999
State v. Saiers
Trial court isn't required to give instruction on the consequences of a guilty-except-insane verdict. 		Criminal Law and Procedure Oct. 13, 1999
State Bar v. Tocco
Disciplinary commission improperly modifies and supplements the findings of the hearing committee. 		Attorneys Oct. 13, 1999
Hough v. Fry (In re Hough)
Dischargeability exception under 11 U.S.C. Section 523(a)(17) only applies to fees and costs imposed under federal statute against prisoner litigant. 		Bankruptcy Oct. 13, 1999
MacDonald v. Burgie (In re Burgie)
Proceeds from postpetition sale of debtors' residence are not disposable income that must be used to pay creditors under Chapter 13 plan. 		Bankruptcy Oct. 13, 1999
Manufacturers Life Ins. Co. v. East Bay Restaurant and Tavern Retirement Plan
ERISA pre-empts California's Unclaimed Property Law. 		Employment Law Oct. 13, 1999
Pogue v. Ratelle
Plea agreement regarding property found in defendant's car doesn't bar robbery charges for unrelated crimes. 		Criminal Law and Procedure Oct. 13, 1999
People v. Putney
Sexually Violent Predators Act does not violate prohibitions against ex post facto laws. 		Criminal Law and Procedure Oct. 13, 1999
People v. Rizo
Defendant cannot challenge validity of prior conviction on ground his plea was not voluntary. 		Criminal Law and Procedure Oct. 13, 1999
People v. Rizo
Defendant cannot challenge validity of prior conviction on ground his plea was not voluntary. 		Criminal Law and Procedure Oct. 13, 1999
Brancato v. Gunn
Opinion 		Oct. 12, 1999
Antonelli v. Caridine
Opinion 		Oct. 12, 1999

Opinion 		Oct. 12, 1999
Dempsey v. Martin
Opinion 		Oct. 12, 1999
People v. Hedge
Sexually Violent Predators Act satisfies federal substantive due process and is not unconstitutional. 		Criminal Law and Procedure Oct. 12, 1999
People v. Martinez
Substantial evidence supports finding no prejudice to defendant by four-year delay before information filed. 		Criminal Law and Procedure Oct. 12, 1999
People v. Maupin
Attack on constitutional validity of prior conviction claiming involuntary guilty plea isn't collaterally estopped. 		Criminal Law and Procedure Oct. 12, 1999
People v. Lawrence
Court has discretion under Three Strikes law to sentence concurrently for crimes committed on same occasion. 		Criminal Law and Procedure Oct. 12, 1999
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