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Name Category Published
People v. McCray
Conviction for stalking based on harassing conduct occurring on same day is warranted.
Criminal Law and Procedure Jun. 10, 1999
People v. Carter
10-year limit on subordinate terms applies only to nonviolent robberies with use of deadly weapon.
Criminal Law and Procedure Jun. 10, 1999
Kaplan v. San Luis Obispo County District Attorney Family Support Division
County government and its employees have immunity from liability for actions taken to collect child support.
Family Law Jun. 10, 1999
People v. Crawford
Failure to instruct on presumption of innocence and prosecution's burden of proof is fatal to conviction.
Criminal Law and Procedure Jun. 10, 1999
Bankruptcy of Padilla
Dismissal of Chapter 7 case based on lack of good faith is unwarranted.
Bankruptcy Jun. 10, 1999
Yoshioka v. Superior Court (Todd)
Proposition 213's denial of non-economic damages to uninsured drivers is not unconstitutional.
Torts Jun. 10, 1999
D'Elia v. D'Elia
Spouse cannot assert securities claim based on family law-imposed duties of disclosure.
Family Law Jun. 10, 1999
People v. Sohrab
Court must advise of right to counsel at municipal court arraignment and subsequent superior court arraignment.
Criminal Law and Procedure Jun. 10, 1999
California Department of Corrections v. State Personnel Board (Wallace)
Discipline imposed on public employee cannot infringe constitutionally protected free speech.
Government Jun. 10, 1999
Contreras v. Anderson
Performance of minor maintenance on city-owned property by adjacent land owner does not constitute 'possession.'
Torts Jun. 10, 1999
Davis v. Continental Airlines Inc.
In harassment case, defendants waive right to compel arbitration by unreasonably delaying motion until after discovery.
Employment Law Jun. 10, 1999
U.S. v. Klinger
Plain error review when defendant offers jury instruction without objecting to government's incorrect competing instruction.
Criminal Law and Procedure Jun. 10, 1999
U.S. v. Bighead
Government expert can testify on general characteristics of abused children after interviewing many alleged victims.
Criminal Law and Procedure Jun. 10, 1999
City of San Bernardino Hotel/Motel Association v. City of San Bernardino
City of San Bernardino's transient occupancy tax ordinance is void for vagueness.
Taxation Jun. 10, 1999
Marriage of Plescia
Husband isn't required to pay spousal support arrears due to equitable doctrine of laches.
Family Law Jun. 10, 1999
Runnion v. WCAB
Appeals Board's sanctions order against attorney for failure to appear is correct, but contempt order is not.
Workers' Compensation Jun. 10, 1999
NLRB v. The Bakersfield Californian
NLRB has statutory authority to issue investigative subpoenas to non-parties in unfair labor practices investigation.
Labor Law Jun. 10, 1999
Jerry M., a Minor
11-year-old isn't guilty of lewdly touching girls since intent to sexually arose not shown.
Juveniles Jun. 10, 1999
Garcia v. Hejmadi
Summary judgment isn't reconsidered without circumstances permitting vacation of original order.
Civil Procedure Jun. 10, 1999
Marques v. Bank of America
Employee's wrongful discharge claim based on unlawful discrimination is not pre-empted by National Bank Act.
Employment Law Jun. 10, 1999
West v. Superior Court (Lockrem))
Courts lack jurisdiction to entertain a non-parent's petition to establish parental rights to custody.
Family Law Jun. 10, 1999
Martin v. WCAB (Hughes Aircraft Co.)
Statements of independent witness employee don't become privileged simply because given in anticipation of litigation.
Workers' Compensation Jun. 10, 1999
Steele v. Jensen Instrument Co.
Employer is entitled to costs in pregnancy discrimination action when award doesn't exceed offer of compromise.
Employment Law Jun. 10, 1999
Bickel v. City of Piedmont
Permit Streamlining Act doesn't prohibit development project applicant from waiving time limits for agency decision.
Real Property Jun. 10, 1999
Scottsdale Insurance Co. v. Superior Court (Spyglass Homeowners Assoc.)
Party waives objection to production of documents under attorney-client privilege by not expressly stating it.
Civil Procedure Jun. 10, 1999
Planned Parenthood of Southern Arizona v. Neely
Successful challengers of state abortion law cannot supplement complaint after judgment to attack amended statute.
Civil Procedure Jun. 10, 1999
Santa Margarita Water District v. Connell
Water districts aren't entitled to reimbursement for state-mandated costs due to their authority to levy fees.
Government Jun. 10, 1999
Mercury Casualty Co. v. Hertz Corp.
Rental car driver's insurance company is primary insurer over rental company in accident with third party.
Insurance Jun. 10, 1999
People v. Little
Defendant is entitled to new trial for government's failure to disclose material witness's felony conviction.
Criminal Law and Procedure Jun. 10, 1999
Hyland v. Wonder
Amended opinion
Employment Law Jun. 10, 1999