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People v. Nubla
Court can reduce sentence after defendant committed to rehabilitation is found unfit and returned, provided sentence has not yet been executed.
Criminal Law and Procedure Sep. 30, 1999
Savnik v. Hall
Non-economic damages are proper where uninsured motorist is not the owner of the vehicle.
Torts Sep. 30, 1999
Barham v. Southern California Edison Co.
Public electrical utility is liable for inverse condemnation damages to owners of property damaged in fire caused by power lines.
Real Property Sep. 30, 1999
People v. Knox
Failure to expressly plead multiple victim circumstance and include it on jury verdict form constitutes harmless error.
Criminal Law and Procedure Sep. 30, 1999
People v. Arias
Defendant is entitled to be sentenced under work time credits that existed before Penal Code statute was amended.
Criminal Law and Procedure Sep. 30, 1999
People v. Chambless
Any contact with offender's or young victim's genitals is masturbation, and is substantial sexual conduct, for purposes of Sexually Violent Predators Act.
Criminal Law and Procedure Sep. 30, 1999
Commerce & Industry Insurance Co. v. Chubb Custom Insurance Co.
Warehouse insured by two insurance policies, each holding the other responsible for the loss, must be prorated between the insurers.
Insurance Sep. 30, 1999
People v. Poe
Inmate isn't entitled to custody credits for period between release date and commitment as sexually violent predator under Sexually Violent Predator Act.
Criminal Law and Procedure Sep. 30, 1999
Snarled Traffic Obstructs Progress v. City and County of San Francisco
Modification of a construction project does not require changes to the negative declaration nor a new Environmental Impact Report.
Environmental Law Sep. 30, 1999
People v. Epps
Defendant has right to jury trial regarding prior convictions and isn't required to show trial court's initial denial of right was prejudicial.
Criminal Law and Procedure Sep. 30, 1999
People v. Danowski
Separate sentences for attempted robbery and attempted murder are prohibited when multiple sentences are not mandated under the three strikes law.
Criminal Law and Procedure Sep. 30, 1999
Maciejewski v. Alpha Systems Lab, Inc.
No dispute resolution method will be accepted unless it's fair, prompt, and economical.
Employment Law Sep. 30, 1999
People v. Danowski
Separate sentences for attempted robbery and attempted murder are prohibited when multiple sentences are not mandated under the three strikes law.
Criminal Law and Procedure Sep. 30, 1999
Wyshak v. State Bar
Attorney who committed numerous dishonest acts involving moral turpitude, including repeated real estate scams, should be disbarred even though victims weren't clients.
Attorneys Sep. 30, 1999
Franchise Tax Board v. Jerauld (In re Jerauld)
Debtor's state tax liability debts are dischargeable regardless of failure to report tax reassessments.
Bankruptcy Sep. 29, 1999
U.S. v. Mitchell H.
The Fifth Amendment is not violated when a juvenile is required to submit to a psychiatric evaluation prior to an adult transfer hearing.
Juveniles Sep. 29, 1999
Great Lakes Higher Education Corporation v. Pardee (In re Pardee)
Creditor, who didn't object to Chapter 13 plan or confirmation order, waived right to attack plan postconfirmation for improperly discharging debt.
Bankruptcy Sep. 28, 1999
Hirsh v. Lamaute (In re Hirsh)
Sanctions and dismissal appropriate where appeal lacks merit and brief is inadequate.
Bankruptcy Sep. 28, 1999
Hirsh v. Lamaute (In re Hirsh)
Where material is withheld and lawful court orders are not complied with, default judgment and denial of discharge are appropriate.
Bankruptcy Sep. 28, 1999
J and D Equipment Rentals Inc. v. Capurro (In re J and D equipment Rentals Inc.)
Factual finding is not clearly erroneous where debtor attempted to manipulate bankruptcy system and judicial process.
Bankruptcy Sep. 28, 1999
Michaels v. Bank of America National Trust & Savings Association (In re Nelson)
Debtor's estate has no interest in property that was properly foreclosed upon and sold to third party.
Bankruptcy Sep. 28, 1999
Michaels v. Las Palmas Professional Center Inc. (In re Nelson)
Abstention is permissible where state law issue is entangled with automatic stay issue.
Bankruptcy Sep. 28, 1999
Peia v. United States of America
Federal Tort Claims Act claims are dismissed where administrative claim is not brought before appropriate agency before filing of action.
Bankruptcy Sep. 28, 1999
Eising v. Locke (In re Wescot International Inc.)
Debtor is entitled to relief from default judgment due to unconscionable penalty which is out of proportion to original claim.
Bankruptcy Sep. 28, 1999
In re Kuraihi
Spendthrift provision in self-settled trust is not enforceable under California law and does not support exclusion from estate assets.
Bankruptcy Sep. 28, 1999
Wepsic v. Josephson (In re Wepsic)
Debtor is entitled to attorney fees and costs as prevailing party in action against creditor for violations of Truth In Lending Act.
Bankruptcy Sep. 28, 1999
Lefcourt v. Superior Court
Opinion
Government Sep. 27, 1999
Calstar Corp. v. Debbie Reynolds Hotel & Casino Inc. (In re Debbie Reynolds Hotel & Casino Inc.)
Surcharge of oversecured creditor is proper, but distribution of surcharge funds to administrative claimant to the exclusion of superpriority claimant is improper.
Bankruptcy Sep. 24, 1999
Robert J. Williams Inc. v. Official Unsecured Creditors' Committee (In re Connolly)
Oversecured creditor is not entitled to attorney fees incurred to defend preference action, despite attorney fees provision in creditor's security agreement.
Bankruptcy Sep. 24, 1999
B.C. v. Plumas Unified School District
Absent drug problem or reasonable suspicion, school officials can't permit drug-detecting dog to sniff students.
Civil Rights Sep. 24, 1999