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Elliott & Ten Eyck Partnership v. City of Long Beach
Judge acting as 'arbitrator' pursuant to parties' agreement exercises judicial powers with authority to modify decision.
Contracts Jun. 12, 1999
Robert L. Hix Trust v. American Honda Motor Co. Inc.
Plaintiffs need not exhaust administrative remedies before New Motor Vehicle Board for claim outside Board's jurisdiction.
Administrative Agencies Jun. 12, 1999
Carlos V., a Minor
Double jeopardy doesn't attach after first hearing ends in mistrial due to judge's self-disqualification.
Juveniles Jun. 12, 1999
Redfeather v. Chevron USA Inc.
Indemnity agreement doesn't affect rule precluding contractor's vicarious liability for injury of independent contractor's employee.
Torts Jun. 12, 1999
Barer v. County of Riverside
Property taxes and tax liens are not eliminated by non-judicial foreclosure by senior lienholder.
Real Property Jun. 12, 1999
People v. Barnes
Defendant did not constructively possess vial of rock cocaine thrown at him by drug dealer.
Criminal Law and Procedure Jun. 12, 1999
Roth v. Parker
Appeal from denial of recusal motion is dismissed for failure to seek timely writ review.
Judges Jun. 12, 1999
Argame v. Werasophon
Defendants' failure to move to compel damages statement waives right to exclude damages evidence at trial.
Civil Procedure Jun. 12, 1999
Kirchmann v. Lake Elsinore Unified School District
Employee is improperly suspended for protected speech concerning matter of significant public importance.
Constitutional Law Jun. 12, 1999
U.S. v. Martinez
Two-month delay in defendant's agreement to drug transactions supports reluctance finding for entrapment defense.
Criminal Law and Procedure Jun. 12, 1999
People v. Saldana
Trial court can reconsider defendant's sentence after unsuccessful appeal despite prior appellate ruling affirming sentence.
Criminal Law and Procedure Jun. 12, 1999
Maxwell v. Cooltech Inc.
Serving opposing party's attorney with record of motion to vacate dismissal is valid.
Civil Procedure Jun. 12, 1999
Robinson v. Grossman
Statute doesn't require brokers to independently verify or disclaim seller's representations regarding property defects.
Real Property 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
Quackenbush v. Superior Court (Lyons)
Commissioner needn't warn public nor bar underwritten title company from doing business after code violations.
Insurance Jun. 12, 1999
Service Employees International Union, Local 620 v. City of Santa Barbara
Subsequent rescission election is permitted to rescind agency shop despite its creation by election.
Labor Law Jun. 12, 1999
People v. Bustamante
Misdemeanor statute is repealed by felony statute which covers all of the same prohibited conduct.
Criminal Law and Procedure Jun. 12, 1999
City and County of San Francisco v. Assessment Appeals Board for the City and County of San Francisco
Federal Reserve Board can remove local government's mandamus action concerning local property taxes against bank.
Banking Jun. 12, 1999
United States v. $405,089.23
Large cash sum alone doesn't establish connection between money and illegal drug activity for forfeiture.
Civil Procedure Jun. 12, 1999
U.S. v. Turman
Error isn't plain under federal criminal procedure rules unless obvious to judge at trial time.
Criminal Law and Procedure Jun. 12, 1999
U.S. v. McGrew
Affidavit specifying criminal activity and evidence, referenced in search warrant must be attached when warrant executed.
Criminal Law and Procedure Jun. 12, 1999
U.S. v. Aispuro
Convicted alien cannot compel attorney general to deport him.
Criminal Law and Procedure Jun. 12, 1999
People v. Putney
Sexually Violent Predators Act does not violate prohibitions against ex post facto laws.
Criminal Law and Procedure Jun. 12, 1999
Alaska Center for the Environment v. Armbrister
Purpose and need for access to populated location supports construction of road through federal recreation area.
Environmental Law Jun. 12, 1999
State of Alaska v. Suburban Propane Gas Corp.
Intervention motion by putative class member to appeal denial of class certification is timely.
Civil Procedure Jun. 12, 1999
Campbell v. The Aerospace Corp.
Wrongful termination action isn't pre-empted by ERISA if punitive damages sought for losing retirement benefits.
Employment Law Jun. 12, 1999
U.S. ex rel. Saaf v. Lehman Brothers
Qui tam plaintiff need not allege fraudulent concealment to actuate tolling under False Claims Act.
Government Jun. 12, 1999
International Medication Systems, Inc. v. Assessment Board of Los Angeles County
Assessment Appeals Board's failure to give 45 days' notice for hearing on reduction application voids judgment.
Taxation Jun. 12, 1999
Vera-Valera v. INS
Maoist guerrilla group's death threats due to alien's role as business leader don't support asylum request.
Immigration Jun. 12, 1999
Suitum v. Tahoe Regional Planning Agency
Order
Jun. 12, 1999