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Zuther v. State
Amendment to 'Gate-Money' statute does not apply retroactively.
Criminal Law and Procedure Sep. 16, 1999
Paradigm Insurance Co. v. The Langerman Law Offices
While insurer is permitted to sue retained counsel for malpractice, insurer may not withhold fees owed to attorney pending resolution of claim.
Attorneys Sep. 16, 1999
State v. Quintana
Where trespass charge is properly designated as a misdemeanor, no right to jury trial exists.
Criminal Law and Procedure Sep. 16, 1999
State v. Rosario
Notice, by prisoner representing himself, of petition for postconviction relief is deemed filed when given to department of corrections for mailing.
Criminal Law and Procedure Sep. 16, 1999
U.S. v. Machado
At trial for two misdemeanor counts, each side receives only three peremptory challenges, despite possibility of sentence greater than one year.
Criminal Law and Procedure Sep. 16, 1999
Westoil Terminals Co. v. Harbor Insurance Co.
Insurance coverage extends to successor company after change from corporation to limited partnership with same operations, name, equity interests, and control.
Insurance Sep. 14, 1999
Catch v. Phillips
Where trust allows exercise of power of appointment by will or codicil, attempted exercise of that power by another document is invalid.
Probate and Trusts Sep. 14, 1999
Catch v. Phillips
Where trust allows exercise of power of appointment by will or codicil, attempted exercise of that power by another document is invalid.
Probate and Trusts Sep. 14, 1999
Ziegler v. City of South Pasadena
Substantial evidence that police officer was involved in a hit-and-run accident and lied about it justifies firing.
Employment Law Sep. 14, 1999
The State Bar of California Standing Committee on Professional Responsibility and Conduct
California Rules of Professional Conduct apply to work a lawyer performs in a nonlegal capacity.
Attorneys Sep. 14, 1999
U.S. v. Fiorillo
Despite lack of exclusive control, access to a locked room is sufficient apparent authority to give consent to search.
Criminal Law and Procedure Sep. 14, 1999
Richard E. Floyd, Member of the California Assembly
Public employees retirement system board members need not submit incompatible activities statement and may serve even after declaring bankruptcy
Administrative Agencies Sep. 14, 1999
Estate of Della Sala
Omitted child seeking distribution contrary to terms of will has burden of proving all essential facts.
Probate and Trusts Sep. 13, 1999
San Diego Metropolitan Transit Development Board v. Handlery Hotel Inc.
Absent compensable property interest, claimant alleging de facto or inverse condemnation can't recover compensation.
Government Sep. 13, 1999
Ziegler v. City of South Pasadena
Substantial evidence that police officer was involved in a hit-and-run accident and lied about it justifies firing.
Employment Law Sep. 13, 1999
Marriage of Rich
Husband is entitled to full payments under ERISA pension plan after ex-wife, who was receiving part under domestic relations order, dies.
Family Law Sep. 13, 1999
Trader Joe's Co. v. Progressive Campaigns Inc.
Free-standing food store doesn't lose exclusive control over its private property by inviting people to come shop.
Constitutional Law Sep. 13, 1999
Chahal v. Superior Court (Greyhound Lines Inc.)
Legal certainty that claim doesn't meet superior court's amount-in-controversy jurisdiction is required before action can be transferred to municipal court.
Civil Procedure Sep. 13, 1999
Reed v. Wilson
Despite defendants' offer to compromise being rejected, they weren't entitled to offset costs with excess portion of remaining settlement.
Civil Procedure Sep. 13, 1999
Eby v. Bingham
Ten-year limitation on trust deed lien applies, even though note contemplates payment until obligation satisfied, where final maturity date ascertainable from record.
Real Property Sep. 13, 1999
People v. Lapcheske
Collection of rental payments by defendant who acquired real property by adverse possession does not make defendant guilty of grand theft.
Criminal Law and Procedure Sep. 13, 1999
American Continental Insurance Co. v. American Casualty Co.
Where primary insurer provides maximum coverage in wrongful-death action, insured's private insurance company must contribute to settlement too.
Insurance Sep. 13, 1999
Curtis v. Kellogg & Anderson
Legal malpractice cause of action can't be assigned by corporation's Chapter 7 bankruptcy trustee.
Attorneys Sep. 13, 1999
Record v. Reason
Primary assumption of risk doctrine applies to the activity of being pulled on an inner tube by a motor boat.
Torts Sep. 13, 1999
People v. Draut
Defendant's inability to pay restitution award and general unfairness of such award are not 'extraordinary reasons' necessary to justify reduction.
Criminal Law and Procedure Sep. 13, 1999
Gregory v. State Board of Control
State Board of Control must obtain crime report from law enforcement, if not obtained by victim, under Victims of Crime Restitution Program.
Administrative Agencies Sep. 13, 1999
Hobson v. Raychem Corp.
In disability discrimination action, summary judgment for employer is proper where employee fails to properly identify qualified disability and discriminatory action.
Employment Law Sep. 13, 1999
Townsel v. Superior Court (People)
Trial court has authority to require defendant's counsel to obtain court's approval first before contacting trial jurors.
Criminal Law and Procedure Sep. 13, 1999
Terry v. Superior Court (People)
Defendant's eligibility for drug-treatment program can't be conditioned on his submitting to unreasonable search and seizure.
Criminal Law and Procedure Sep. 13, 1999
Vournas v. Fidelity National Title Insurance Co.
Where trust beneficiary can't show bank had actual knowledge of unauthorized actions, bank can't be liable for breach of fiduciary duty.
Probate and Trusts Sep. 13, 1999