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People v. Garcia
Trial courts grant of leniency to defendant is error resulting in an unauthorized sentence.
Criminal Law and Procedure Aug. 26, 1999
Carrillo v. ACF Industries Inc.
Federal Safety Appliance Acts pre-empt state tort remedies for design defects in railroad car.
Constitutional Law Aug. 26, 1999
People v. Garcia
Prior juvenile adjudication not a 'strike' unless juvenile was adjudged ward of court for Welfare and Institutions Code Section 707(b) offense.
Criminal Law and Procedure Aug. 26, 1999
People ex rel. Dept. of Corporations v. Speedee Oil Change Systems
Conflict of interest created by 'of counsel' attorney imputed to firm, resulting in firm's disqualification.
Attorneys Aug. 26, 1999
Bockrath v. Aldrich Chemical Co. Inc.
Allegations that defendant's products cause cancer, plaintiff was exposed, and the chemicals caused cancer are insufficient to allege causation.
Torts Aug. 26, 1999
Cates Construction, Inc. v. Talbot Partners
Bond guaranteeing construction contract performance obligates surety for damages from contractor's failure to timely perform the contract.
Contracts Aug. 26, 1999
Kirby v. Elggren (In re Carmel of St. Joseph of Santa Ynez)
Donor of money to church for express purpose of buying real property is not entitled to constructive or resulting trust over property purchased.
Bankruptcy Aug. 26, 1999
Dicker v. Dye (In re Edelman)
Claim filed late in Chapter 7 case due to 1994 Northridge earthquake isn't entitled to be treated as timely.
Bankruptcy Aug. 26, 1999
Gertsch v. Johnson & Johnson Finance Corp. (In re Gertsch)
Summary judgment ruling that state court fraud judgment is nondischargeable for fraud is proper, but money judgment portion of ruling is not.
Bankruptcy Aug. 26, 1999
Beauchamp v. Hoose (In re Beauchamp)
Failure to disclose a bank account in an effort to conceal assets warrants denial of discharge despite eventual disclosure in response to Rule 2004 examination.
Bankruptcy Aug. 26, 1999
Lundell v. Ulrich (In re Lundell)
A bankruptcy court properly certifies an order determining damage to an estate as final, despite litigation that could produce a surplus in estate assets.
Bankruptcy Aug. 24, 1999
Lovell v. Stanifer (In re Stanifer)
Claim of debtor's former spouse for part of debtor's pension benefits is excepted from discharge under 11 U.S.C. Section 523(a)(4).
Bankruptcy Aug. 24, 1999
Thomas v. Superior Court (People)
Order
Aug. 24, 1999
United Services Automobile Assoc. v. Superior Court (Blitshteyn)
Order
Aug. 24, 1999
Brunson v. DMV
Order
Aug. 24, 1999
Marshall v. Tannlund
Order
Aug. 24, 1999
Gossai v. Governing Board of the Victor Valley Community District
Order
Aug. 24, 1999
Hayward Area Planning Assn. Inc. v. Alameda County Transportation Authority
Order
Aug. 20, 1999
Whitmire v. Commissioner of Internal Revenue
Taxpayer is not entitled to 'at risk' deduction under the Internal Revenue Code when his leasing transaction is structured to remove any realistic possibility of economic loss.
Taxation Aug. 20, 1999
Stanley v. University of Southern California
Equal Pay Act isn't violated when pay differential between employees of opposite sex, performing same core responsibilities, is based on factors other than gender.
Employment Law Aug. 20, 1999
Arnett v. California Public Employees Retirement System
Disability plan which pays more benefits to younger employee than to older employee with equal service time, violates Age Discrimination in Employment Act.
Employment Law Aug. 19, 1999
Philadelphia Indemnity Insurance Co. v. Barerra
Drunk driving exclusion in rental insurance isn't against public policy, and anti-drunk driving provision of rental contract isn't unconscionable or unreasonable.
Insurance Aug. 18, 1999
Israel v. Town of Cave Creek
Ordinance formally annexing land is final legislative act triggering time to request referendum petition that town can't avoid by adding emergency clause.
Government Aug. 18, 1999
Deborah v. Ortiz, Member of the California Senate
Community college may contract with state agencies to provide part-time employment for their students.
Administrative Agencies Aug. 18, 1999
Burns v. Davis
Property owners objecting to zoning variance at Board of Adjustment meeting have qualified immunity from defamation suit.
Torts Aug. 18, 1999
State Farm Mutual Automobile Insurance Co. v. Lee
Insurance company keeps attorney-client privilege intact if company doesn't rely on counsel's advice in creating insurance policy.
Insurance Aug. 18, 1999
U.S. v. Hanzlicek
Where defendant becomes a fugitive while his case is pending on appeal, state can invoke disentitlement doctrine to dismiss defendant's appeal with prejudice.
Criminal Law and Procedure Aug. 17, 1999
Alvarado v. Superior Court (People)
Court can withhold identities from defense after determining from evidence witnesses face mortal danger.
Criminal Law and Procedure Aug. 17, 1999
Carrillo v. ACF Industries Inc.
Federal railroad safety laws don't pre-empt state law product liability claim premised on design defect.
Constitutional Law Aug. 15, 1999
Miles v. Miles (Miles)
Order
Aug. 13, 1999