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Lavin v. California Horse Racing Board
Regulation mandating horse's disqualification for drug presence doesn't conflict with statute containing discretionary disqualification provision.
Administrative Agencies Jun. 12, 1999
People v. Trippet
Marijuana possession conviction remanded to determine whether doctor had approved use under Proposition 215.
Criminal Law and Procedure Jun. 12, 1999
Rand v. Rowland
Order
Jun. 12, 1999
Bankruptcy of Lam
Complete removal of lien on Chapter 13 debtor's personal residence is not prohibited if claim is unsecured.
Bankruptcy Jun. 12, 1999
McGray Construction Co. v. Director, Office of Workers Compensation Programs
Order
Jun. 12, 1999
Creason v. State of California
Newborn screening program imposes mandatory duty on state to exercise reasonable care concerning test results.
Torts Jun. 12, 1999
People v. Birkett
Insurance company, indemnifying crime victim, stands in victim's shoes and is entitled to restitution.
Criminal Law and Procedure Jun. 12, 1999
Mardirossian v. Los Angeles County Superior Court (Farmer Insurance Group)
Policy's value protection provisions are incompatible with upgrade exclusions making policy ambiguous as matter of law.
Insurance Jun. 12, 1999
Campos v. Anderson
Agency doesn't have jurisdiction to review adequacy of child support enforcement by district attorney's office.
Family Law Jun. 12, 1999
Byers v. Cathcart
Anti-harassment injunction cannot be used to bar neighbor from parking along side driveway easement.
Civil Procedure Jun. 12, 1999
Estate of Simpson
Interest on delinquent taxes must be paid from corpus of decedent's residual estate.
Probate and Trusts Jun. 12, 1999
Swan Magnetics, Inc. v. Superior Court (Antek Peripherals, Inc.)
Arbitrator, not superior court, can modify Injunction issued after arbitration based on changed circumstances.
Civil Procedure Jun. 12, 1999
Dorn v. Solomon
Wife cannot defeat joint tenancy before death and husband gets full title to property.
Real Property Jun. 12, 1999
Genger v. Delsol
Widow's proposed action, challenging husband's estate plan, qualifies as 'contest,' triggering trust's no-contest clause.
Probate and Trusts Jun. 12, 1999
People v. Chung
Giving some jury instructions at beginning of trial without repeating them at end isn't error.
Criminal Law and Procedure Jun. 12, 1999
LeFlore v. Grass Harp Productions Inc.
Absent establishment of a perfected superior security interest in film materials, third party claim fails.
Contracts Jun. 12, 1999
Forsyth v. Jones
Plaintiff can bring malpractice suit against discharged bankruptcy debtor to recover from the debtor's insurer.
Torts Jun. 12, 1999
Bankruptcy of Folks
Creditor is time-barred from pursuing general alter ego claim, despite trustee's nunc pro tunc abandonment.
Bankruptcy Jun. 12, 1999
Bankruptcy of Younie
State court default judgment for fraud precludes relitigation of dischargeability issues.
Bankruptcy Jun. 12, 1999
Bankruptcy of S.S. Retail Stores Corp.
Disqualification of attorney from representing debtor isn't attributable to his firm under Bankruptcy Code.
Bankruptcy Jun. 12, 1999
Bankruptcy of Rothery
Rule 12(b)(6) motion is treated as Rule 56 summary judgment motion on introduction of extrinsic evidence.
Bankruptcy Jun. 12, 1999
Bankruptcy of Mulvania
Debtor must have opportunity to conduct discovery regarding whether IRS sent him notice of assessment.
Bankruptcy Jun. 12, 1999
Bankruptcy of Padilla
Totality of circumstances supports finding Chapter 13 petition was filed in good faith
Bankruptcy Jun. 12, 1999
Swan Magnetics Inc. v. Superior Court (Antek Peripherals Inc.)
Arbitrator, not superior court, can modify Injunction issued after arbitration based on changed circumstances.
Civil Procedure Jun. 12, 1999
People v. Trippet
Marijuana possession conviction remanded to determine whether doctor had approved use under Proposition 215.
Criminal Law and Procedure Jun. 12, 1999
Kimble v. Metropolitan Life Insurance Co.
ERISA plan administrator can base interpretation of beneficiaries on designation form despite contrary extraneous evidence.
Employment Law Jun. 12, 1999
Zamarripa v. City of Mesa
State criminal court's determination confession was voluntary is not final and doesn't bar further litigation
Civil Rights Jun. 12, 1999
Evans v. Runyon
Failure to present evidence sufficient to establish prima facie case of discrimination warrants dismissal.
Employment Law Jun. 12, 1999
Liston v. County of Riverside
No qualified immunity for officer who doesn't mention property's sale signs in search warrant affidavit.
Civil Rights Jun. 12, 1999
Federal National Mortgage Association v. Bugna (Kent)
Secured creditor only entitled to claim rents paid after creditor's post-default written demand for rent.
Real Property Jun. 12, 1999