Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B111335
|
Veterans of Foreign Wars, Post 10965, etc., v. City of El Paso De Robles
When city elects to purchase dedicated veterans' building, mandatory duty to maintain is assumed. |
Government |
|
Jun. 17, 1999 | |
97-0816
|
Spence v. Mendoza
Confined prisoner must exhaust administrative remedies before filing civil rights action. |
Civil Rights |
|
Jun. 17, 1999 | |
A080248
|
McDonald's Corp. v. Board of Supervisors of Mendocino County
Extension of lease creating 28-year prospective leasehold doesn't justify imposition of documentary transfer tax. |
Taxation |
|
Jun. 17, 1999 | |
S054240
|
People v. Ledesma
Future ability to pay from prison earnings supports restitution orders. |
Criminal Law and Procedure |
|
Jun. 17, 1999 | |
B113623
|
People v. Rudd
Delay in asserting right of self-representation, followed by silence when counsel is appointed, constitutes waiver. |
Criminal Law and Procedure |
|
Jun. 17, 1999 | |
A072015
|
Unisys Corp. v. California Life and Health Insurance Guarantee Association
Guaranteed investment contracts aren't covered under the California Life and Health Insurance Guarantee Association Act. |
Insurance |
|
Jun. 17, 1999 | |
96-56687 and 96-56690
|
Securities and Exchange Commission v. First Pacific Bancorp
Insider commits securities fraud by closing 'mini-max' offering with his own money after deadline. |
Securities |
|
Jun. 17, 1999 | |
96-70805
|
Stillwater Mining Co. v. Federal Mine Safety and Health Review Commission
Failure of mine safety equipment is prima facie evidence that mine safety regulation was violated. |
Labor Law |
|
Jun. 17, 1999 | |
97-30090
|
U.S. v. McKittrick
Killing of wolf that was member of protected experimental population violates Endangered Species Act. |
Criminal Law and Procedure |
|
Jun. 17, 1999 | |
97-35275
|
American Games Inc. v. Trade Products Inc.
District court has discretion to vacate judgment on remand where post-judgment merger mooted appeal. |
Civil Procedure |
|
Jun. 17, 1999 | |
95-35872
|
Reliance Insurance Co. v. U.S. Bank of Washington
Progress payment wired to account of defaulting contractor belongs to lending bank, not unpaid subcontractors. |
Banking |
|
Jun. 17, 1999 | |
96-70164
|
Henderson v. Commissioner of Internal Revenue
Employee of touring ice show has no tax home and can't deduct business travel expenses. |
Taxation |
|
Jun. 17, 1999 | |
96-70606
|
Peracchi v. Commissioner of Internal Revenue
Basis in encumbered property contributed to corporation by controlling shareholder is stepped up by note. |
Taxation |
|
Jun. 17, 1999 | |
97-30108
|
U.S. v. Whitecotton
Drugs sold to agent without defendant's knowledge don't count toward quantity for sentencing purposes. |
Criminal Law and Procedure |
|
Jun. 17, 1999 | |
S068747
|
County of Los Angeles v. San Diego County Superior Court ( R.J. Reynolds Tobacco Co.)
Order |
|
Jun. 16, 1999 | ||
98-1
|
Order Approving Amendments to Rule 952.6 of the California Rules of Court
Order |
|
Jun. 16, 1999 | ||
S068409
|
Pelky v. Allstate Insurance Co.
Bad faith action must plead specific economic consequences and 'without-proper-cause' facts to survive demurrer. |
Insurance |
|
Jun. 16, 1999 | |
S068395
|
People v. Douglas
Order suspending defendants sentence, granting probation, and declaring charged offenses to be misdemeanors isnt appealable. |
Criminal Law and Procedure |
|
Jun. 16, 1999 | |
S067542
|
Stella Foods Inc. v. Los Angeles County Superior Court (Cacique Incorporated)
Cross-complainant needn't prove opponents conduct was wrongful and independently actionable to |
Torts |
|
Jun. 16, 1999 | |
98-0501
|
Marriage of Harris
Divorce decree property division of non-disability retirement pay may subsequently be changed to reflect clarification. |
Family Law |
|
Jun. 16, 1999 | |
98-0077
|
In re: Naarden Trust
Prevailing party cannot recover attorney fees in lawsuit arising from trust. |
Probate and Trusts |
|
Jun. 16, 1999 | |
98-1238
|
Brown v. Salliemae Servicing Corp., Great Lakes Higher Education Corp., and Hemar Insurance Corp. of America (In re: Brown)
Student loan debt is dischargeable in its entirety due to undue hardship despite the partial ability to repay the loan. |
Bankruptcy |
|
Jun. 16, 1999 | |
97-147
|
Atlantic Mutual Ins. v. Commissioner of Internal Revenue
Opinion |
Taxation |
|
Jun. 16, 1999 | |
97-31026
|
In re: Carlos
A law firm that uses a non-attorney to negotiate a reaffirmation agreement engages in the unauthorized practice of law. |
Bankruptcy |
|
Jun. 16, 1999 | |
98-90017
|
James v. United Student Aid Funds Inc.
Exception to dischargeability for student loans applies to non-student debtor obligor. |
Bankruptcy |
|
Jun. 16, 1999 | |
94-O-13729
|
Kroff v. State Bar
History of misconduct including ten current acts of moral turpitude warrants three years' actual suspension. |
Attorneys |
|
Jun. 16, 1999 | |
97-1640
|
Bankruptcy of Varner
Judgment abstract failing to identify Social Security and drivers' license numbers was not avoidable. |
Bankruptcy |
|
Jun. 16, 1999 | |
S063658
|
People v. Harbolt
Order |
|
Jun. 16, 1999 | ||
A076845
|
Day v. AT&T Corp.
Action to enjoin unfair advertising practices involving prepaid phone cards isn't pre-empted by federal law. |
Business Law |
|
Jun. 16, 1999 | |
B095395
|
MacGregor Yacht Corp. v. State Compensation Insurance Fund
Carrier's obligation to investigate and defend claims requires reasonableness and good faith. |
Workers' Compensation |
|
Jun. 16, 1999 |