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Name Category Published
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
Marquez on Habeas Corpus
Order 		Sep. 24, 1999
People v. Dibernardo
Review granted 		Sep. 24, 1999
Viad Corp. v. Superior Court (Pena)
Review granted 		Sep. 24, 1999
Durgom v. Janowiak
If well-pleaded complaint alleges only nonpayment of royalties, raising federal-question defense doesn't divest state court of jurisdiction. 		Civil Procedure Sep. 23, 1999
Overly v. Ingalls Shipbuilding Inc.
Worker exposed to asbestos is entitled to recover prospective earnings for 'lost years' due to diminished life expectancy. 		Torts Sep. 23, 1999
City of Costa Mesa v. Connell
City may not spend state gas tax funds on golf course leases or bonds that are not voter-approved. 		Government Sep. 23, 1999
Janee J., a Minor
Parent is precluded from raising ineffective assistance of counsel after rights have been terminated and adoption proceeding has begun. 		Juveniles Sep. 23, 1999
People v. Baker
Felony-murder rule doesn't elevate resulting death to first-degree murder where intended felony was assault with deadly weapon. 		Criminal Law and Procedure Sep. 23, 1999
Harris v. Rudin, Richman & Appel
Although alleged settlement agreement between law firm and former client is unenforceable, plaintiff can amend complaint to pursue breach of contract claim. 		Attorneys Sep. 23, 1999
People v. Gaston
Sentencing court abuses its discretion when striking prior felony conviction without first considering the 'spirit' of the three strikes law. 		Criminal Law and Procedure Sep. 23, 1999
CJS Co. v. WCAB
Workers' compensation claim by employee who voluntarily resigned is not barred by fraudulent claims provision of Labor Code. 		Workers' Compensation Sep. 23, 1999
People v. Aparicio
Waiver of right to appeal prior case is enforceable when part of a plea agreement in a subsequent case. 		Criminal Law and Procedure Sep. 23, 1999
Kleitman v. Superior Court (Wesley)
Court can't compel city council members to disclose personal recollections of closed city council meeting even if Brown Act violation alleged. 		Government Sep. 23, 1999
Neverkovec v. Fredericks
Broad general release doesn't release tortfeasor who was not party to release agreement, unless agreement was intended to release him. 		Torts Sep. 23, 1999
People v. Gonzales
Defendant entitled to instruction on accident defense in domestic violence case where there's substantial evidence of accident and defendant relies upon it. 		Criminal Law and Procedure Sep. 23, 1999
People v. Callahan
Defendant isn't precluded from introducing specific instances of good behavior, when state introduces evidence of defendant's prior bad acts. 		Criminal Law and Procedure Sep. 23, 1999
Dawnel D. v. Superior Court (Orange County Social Services Agency)
Where juvenile court determines during wrong time frame that parent and child aren't likely to reunify, re-examination of likely reunification is necessary. 		Juveniles Sep. 23, 1999
Berclain America Latina S.A. de C.V. v. Baan Co. N.V.
Nonparty lacks standing to enforce contractual forum selection clause. 		Civil Procedure Sep. 23, 1999
Holmes v. Lerner
The intent to jointly carry on a business for profit is the essential element in creating a partnership. 		Corporations Sep. 23, 1999
White v. Ultramar Inc.
A 'managing agent' is one who has substantial independent authority to determine corporate policy, not just the ability to hire and fire employees. 		Corporations Sep. 23, 1999
People v. Soto
Unmodified rule of DNA forensic analysis is generally accepted in the scientific community and admissible in a criminal prosecution. 		Criminal Law and Procedure Sep. 23, 1999
Pan Asia Venture Capital Corp. v. Hearst Corp.
Under Unfair Practices Act, computation of cost regarding newspaper advertising must be decided by jury, not judge. 		Torts Sep. 23, 1999
United Services Automobile Assn. v. Snappy Car Rental Inc. (Azares)
Car rental agreement and registration card are not indications of an automobile liability insurance policy under the insurance code. 		Insurance Sep. 23, 1999
Erlich v. Menezes
Where contractor's negligence causes homeowner only economic injury and property damage, claim for emotional distress based on breach of contract is precluded. 		Torts Sep. 23, 1999
Warden v. State Bar
MCLE exemptions for retired judges, full-time law professors, state officers, and elected officials do not violate equal protection. 		Constitutional Law Sep. 23, 1999
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