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Name Category Published
Adam D., a Minor
No provision exists to convert juvenile's formal probation disposition into an informal supervision program.
Juveniles Jun. 16, 1999
Almar Limited v. County of Ventura
Boat slips are separate locations allowing county to charge each for electric utility meter inspection.
Government Jun. 16, 1999
Estate of Wathen
Extrinsic evidence is admissible to construe decedent's intent regarding ambiguous tax allocation in will.
Probate and Trusts Jun. 16, 1999
Yavapai-Prescott Indian Tribe v. Scott
Goal of economically developing tribe through federal grant doesn't pre-empt state tax on leased tribal property.
Native American Affairs Jun. 16, 1999
Lombardi v. City of El Cajon
Officer receives qualified immunity despite omitting facts in warrant affidavit to protect identity of informants.
Civil Rights Jun. 16, 1999
Montrose Chemical Corp. of California v. American Motorists Insurance Co.
Failure to plead corporation's citizenship in diversity action doesn't warrant sanctions against its attorney.
Attorneys Jun. 16, 1999
Northwest Environmental Defense Center v. Bonneville Power Administration
For system-wide marketing decision, Bonneville Power Administration needn't provide equitable treatment of fish and wildlife.
Environmental Law Jun. 16, 1999
People v. Allen
Defendant can collaterally attack prior guilty plea for absence of admonition and waiver of constitutional rights.
Criminal Law and Procedure Jun. 16, 1999
People v. Moenius
Order
Jun. 16, 1999
People v. Avila
Defendant's suppression motion is denied since officer found drugs during valid stop and frisk.
Criminal Law and Procedure Jun. 16, 1999
Marriage of Perry
After supporting parent's death, all funds in living trust are subject to child support obligation.
Family Law Jun. 16, 1999
People v. Bamba
False imprisonment statute is neither unconstitutionally vague nor overbroad.
Criminal Law and Procedure Jun. 16, 1999
Aktar v. Anderson
California Department of Social Services must comply with federal law and involuntarily collect food stamp overissuances.
Administrative Agencies Jun. 16, 1999
People v. Hinks
Defendants can be convicted of receiving stolen property despite being principals in property theft.
Criminal Law and Procedure Jun. 16, 1999
School District of Okaloosa County v. Superior Court (City of Orange)
Late-named defendant can disqualify judge despite fact time for other defendants to challenge expired.
Civil Procedure Jun. 16, 1999
Providence Washington Insurance Co. v. Container Freight Inc.
Whether timeliness of notice to excess carrier is reasonable depends on underlying circumstances and facts.
Insurance Jun. 16, 1999
Board of Retirement v. Santa Barbara County Grand Jury
Grand jury can investigate alleged delays by retirement board in processing disability retirement applications.
Government Jun. 16, 1999
Scott v. City of Del Mar
Removal of seawalls and patios encroaching on public beach, is not compensable under takings principles.
Real Property Jun. 16, 1999
People v. Morgan
After victim changes story at trial, expert testimony of battered women's syndrome can be admitted.
Criminal Law and Procedure Jun. 16, 1999
People v. Aguilar
'Cruel or extreme pain and suffering' and other terms in torture statute aren't unconstitutionally vague.
Criminal Law and Procedure Jun. 16, 1999
Snyder v. Michael's Stores Inc.
Child, allegedly injured in utero during mother's employment, isn't barred by workers' compensation from suing employer.
Torts Jun. 16, 1999
Omega Environmental Inc. v. Gilbarco Inc.
Elevated proof of market's 'substantial foreclosure' applies to allegations dominant manufacturer imposed exclusive dealer distributor policy.
Antitrust Jun. 16, 1999
Calderon v. U.S. District Court (Beeler)
One-year statute of limitation for filing habeas corpus petition is subject to equitable tolling.
Criminal Law and Procedure Jun. 16, 1999
Galt G/S v. JSS Scandinavia
Discretionary attorney fees may be included in amount in controversy for diversity jurisdiction purposes.
Civil Procedure Jun. 16, 1999
Zachary v. Superior Court (People)
Failure to petition for extended commitment until one month after expiration of commitment violates due process.
Criminal Law and Procedure Jun. 15, 1999
American Casualty Co. of Reading, PA. v. O'Flaherty
Insurance carrier cannot bring malpractice action against attorney it did not retain to defend insured.
Insurance Jun. 15, 1999
Brequia Y., a Minor
Reunification services should not be continued if there is no evidence mother will be rehabilitated.
Juveniles Jun. 15, 1999
Barr v. ACandS Inc.
Claims from occupational exposure to asbestos are barred by limitations statute after filing of prior suits.
Torts Jun. 15, 1999
Bankruptcy of Fernandez
Prior in rem relief from stay applies in subsequent bankruptcy filed by different debtor.
Bankruptcy Jun. 15, 1999
Mountain Lion Foundation v. California Fish amd Game Commission
Environmental report is required before commission can remove species from threatened species list.
Environmental Law Jun. 15, 1999