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Name Category Published
Marriage of Gowan
Trial court retains jurisdiction to award part of husband's pension plan pursuant to earlier dissolution judgment.
Family Law Jul. 9, 1999
People v. Barriga
Defendant's sentence for sex offense can be amended two years later to include omitted AIDS test.
Criminal Law and Procedure Jul. 9, 1999
People v. Preller
Jury instruction correctly states elements of crime of child abuse resulting in death.
Criminal Law and Procedure Jul. 9, 1999
Estate of McCrary
Decedent's maternal first cousins must share estate with issue of deceased paternal first cousins.
Probate and Trusts Jul. 9, 1999
Calderon v. U.S. District Court (Hill)
Mandamus petitioner must seek habeas corpus relief alleging exhausted claim before attempting to compel postconviction discovery.
Criminal Law and Procedure Jul. 9, 1999
Thompson v. Mahre
No 'knock-notice' requirement if officers execute warrant regarding suspected drug dealer with possible warning.
Civil Rights Jul. 9, 1999
Doe v. Lawrence Livermore National Laboratory
Order
Jul. 9, 1999
Harris v. Ford Motor Co.
Safety Act pre-empts state product liability claim against manufacturer for failing to install driver-side airbag.
Torts Jul. 9, 1999
Polido v. State Farm Mutual Automobile Insurance Co.
Court needn't exercise jurisdiction over removed state declaratory claim on dismissal of obligatory monetary claims.
Civil Procedure Jul. 9, 1999
U.S. v. Bancalari
Defendant's knowledge accomplice will use gun doesn't support aiding and abetting using firearm in kidnapping.
Criminal Law and Procedure Jul. 9, 1999
Insurance Company of North America v. Hilton Hotels U.S.A.
Order
Jul. 9, 1999
Nordyke v. Santa Clara County
County violates First Amendment by requiring ban on gun sales in lease with fairground operator.
Constitutional Law Jul. 9, 1999
Gee v. Southwest Airlines
Airline Deregulation Act pre-empts state law claims regarding crew's service but not concerning safety operations.
Torts Jul. 9, 1999
Bankruptcy of Gergely
Doctor isn't entitled to discharge of obstetric malpractice debt if misrepresentation to baby/creditor's mother.
Bankruptcy Jul. 9, 1999
Simon v. Value Behavioral Health Inc.
Third party who isn't health care provider cannot sue on assigned claim for ERISA benefits.
Contracts Jul. 9, 1999
People v. Rusco
Simple possession charge is lesser included offense to possession of some marijuana for sale.
Criminal Law and Procedure Jul. 9, 1999
Spencer v. Kemna
Certiorari granted
Jul. 9, 1999
Federal Trade Commission v. Publishing Clearing House Inc.
'Straw' president of corporation conducting fraudulent telemarketing can be jointly liable for restitution to consumers.
Administrative Agencies Jul. 9, 1999
Bankruptcy of Mitchell
Removal statute cannot be used to remove pending district court action to same district court.
Bankruptcy Jul. 9, 1999
In re Eileen Vey
Order
Jul. 9, 1999
Chicago v. Intl. College of Surgeons
Certiorari granted
Jul. 9, 1999
Hudson v. U.S.
Certiorari granted
Jul. 9, 1999
Chandler v. Miller
Georgia cannot require state office candidates to pass drug test prior to qualifying for election.
Government Jul. 9, 1999
Crusader Insurance Co. v. Scottsdale Insurance Co.
Statute requiring brokers place risks with admitted insurers, doesn't create private right of action to sue.
Insurance Jul. 9, 1999
Salimi v. State Compensation Insurance Fund
Employer's claims against carrier for failure to defend and indemnify aren't within WCAB's exclusive jurisdiction.
Workers' Compensation Jul. 9, 1999
People v. Adames
Transmitting genital herpes is aggravating sentencing factor and AIDS testing mandate isn't unconstitutional punishment.
Criminal Law and Procedure Jul. 9, 1999
People v. Gallegos
Dismissal of case after motion to suppress is granted doesn't prevent refiling of charges.
Criminal Law and Procedure Jul. 9, 1999
Jackson v. Wells Fargo Bank
Stipulation to 'artificially' dismiss claim to allow appeal of summarily adjudicated issues is not permitted.
Civil Procedure Jul. 9, 1999
Bitters v. Networks Electronic Corp.
Order
Jul. 9, 1999
People v. Ritter
Removal and search of fanny pack belonging to man detained but not arrested is permissible.
Criminal Law and Procedure Jul. 9, 1999