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Name Category Published
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
Spence v. Mendoza
Confined prisoner must exhaust administrative remedies before filing civil rights action.
Civil Rights Jun. 17, 1999
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
People v. Ledesma
Future ability to pay from prison earnings supports restitution orders.
Criminal Law and Procedure Jun. 17, 1999
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
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
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
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
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
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
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
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
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
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
County of Los Angeles v. San Diego County Superior Court ( R.J. Reynolds Tobacco Co.)
Order
Jun. 16, 1999
Order Approving Amendments to Rule 952.6 of the California Rules of Court
Order
Jun. 16, 1999
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
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
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
Marriage of Harris
Divorce decree property division of non-disability retirement pay may subsequently be changed to reflect clarification.
Family Law Jun. 16, 1999
In re: Naarden Trust
Prevailing party cannot recover attorney fees in lawsuit arising from trust.
Probate and Trusts Jun. 16, 1999
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
Atlantic Mutual Ins. v. Commissioner of Internal Revenue
Opinion
Taxation Jun. 16, 1999
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
James v. United Student Aid Funds Inc.
Exception to dischargeability for student loans applies to non-student debtor obligor.
Bankruptcy Jun. 16, 1999
Kroff v. State Bar
History of misconduct including ten current acts of moral turpitude warrants three years' actual suspension.
Attorneys Jun. 16, 1999
Bankruptcy of Varner
Judgment abstract failing to identify Social Security and drivers' license numbers was not avoidable.
Bankruptcy Jun. 16, 1999
People v. Harbolt
Order
Jun. 16, 1999
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
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