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Name Category Published
Caro v. Smith
Sanctions are imposed on attorneys who agree to binding arbitration and then appeal the award. 		Torts Jun. 3, 1999
Emerson Electric Co. v. Superior Court (Grayson)
Deponent's failure to comply with order compelling nonverbal 'answer' warrants sanctions, including evidence preclusion. 		Civil Procedure Jun. 3, 1999
People v. Gulaya
Medical doctor's conviction for unlawful fee splitting cannot stand absent specific intent jury instruction. 		Criminal Law and Procedure Jun. 3, 1999
COD Gas & Oil Co. Inc. v. State Board Of Equalization
Motor fuel retailers are not entitled to refund of sales tax declared unconstitutional. 		Taxation Jun. 3, 1999
North American Chemical Co. v. Superior Court (Trans Harbor Inc.)
Negligent performance of contract obligation can give rise to action in tort. 		Torts Jun. 3, 1999
City of Lake Elsinore v. Ranel Development Co.
Court errs by dismissing eminent domain claim after city fails to adopt resolution of necessity. 		Real Property Jun. 3, 1999
People v. Garcia
Striking prior convictions for some, but not all, of sentencing counts doesn't constitute unauthorized sentence. 		Criminal Law and Procedure Jun. 3, 1999
Floveyor International Ltd. v. Superior Court (Shick Tube-Veyor Corp.)
Plaintiff has burden of proving service is valid and court has jurisdiction over defendant. 		Contracts Jun. 3, 1999
Wedeck v. Unocal Corporation
If 'special employment' relationship exists, employee is statutorily barred from tort action against employer. 		Torts Jun. 3, 1999
Marriage of O'Connor
Husband is entitled to pendente lite attorney fees despite his $2 million in assets. 		Family Law Jun. 3, 1999
Morrow v. Hood Communications Inc.
Stipulated reversal motion having no collateral estoppel effect or effect on future litigation is granted. 		Civil Procedure Jun. 3, 1999
Souza v. Lauppe
Farmer cannot sue neighbor for nuisance when offending farming activity lasted more than 3 years. 		Torts Jun. 3, 1999
Bankruptcy of Bartoni-Corsi Produce Inc.
Under California law, bank doesn't convert debtor's check, which lacks endorsement, by making board-authorized deposit. 		Bankruptcy Jun. 3, 1999
Cybersell Inc. v. Cybersell Inc.
Alleged infringement of website service mark doesn't provide personal jurisdiction in mark holder's place of business. 		Intellectual Property Jun. 3, 1999
Pfizer Inc. v. Superior Court (Aetna Casualty & Surety Co.)
Insured is entitled to discovery from insurer regarding other insureds whose manufactured medical devices triggered coverage. 		Civil Procedure Jun. 3, 1999
Kalaw v. INS
Federal statutory transitional rules bar direct judicial review of attorney general's deportation suspensions within certain time. 		Immigration Jun. 3, 1999
Bankruptcy of San Rafael Baking Co.
Bankruptcy court lacks authority to allow an administrative expense based on an expired collective bargaining agreement. 		Bankruptcy Jun. 3, 1999
Bankruptcy of Luz International Inc.
Court cannot adjudicate substantive merits of setoff claim as part of relief from stay motion. 		Bankruptcy Jun. 3, 1999
Bankruptcy of King Street Investments Inc.
California's anti-deficiency statutes do not preclude damages for constructive fraud after deed in lieu acceptance. 		Bankruptcy Jun. 3, 1999
Greenwood v. State Bar
Default is final 45 days after entry absent lack of notice and compelling circumstances. 		Attorneys Jun. 3, 1999
Taggares v. Superior Court (Mitchell)
Where party indigent, cost-free option should be made available to settle discovery disputes. 		Civil Procedure Jun. 3, 1999
People v. Ward
Statute prohibiting defendant from assaulting mother of defendant's child isn't violated by assault on pregnant ex-girlfriend. 		Criminal Law and Procedure Jun. 3, 1999
Saba v. Crater
An offer to compromise must be in writing to satisfy requirements of Civil Procedure Code. 		Civil Procedure Jun. 3, 1999
Marriage of Schofield
State court awarding payment of arrearages doesn't re-label property interest in federal pension plan. 		Family Law Jun. 3, 1999
People v. Wood
Felonies can't be reduced to misdemeanors if prison sentence was imposed before probation was granted. 		Criminal Law and Procedure Jun. 3, 1999
Salcido-Salcido v. INS
Board of Immigration Appeals abuses its discretion in not considering hardship deportation would impose on family. 		Immigration Jun. 3, 1999
Imada v. City of Hercules
Fair Labor Standards Act doesn't require city pay police for time traveling to off-site training. 		Labor Law Jun. 3, 1999
Allmerica Financial Life Insurance and Annuity Co. v. SMA Life Assurance Co.
Revocation of professional license precludes coverage under disability insurance policy for resulting 'depression.' 		Insurance Jun. 3, 1999
U.S. v. Bailey
Near identity of state statute and federal Guidelines permits base offense level increase for state conviction. 		Criminal Law and Procedure Jun. 3, 1999
Sloan v. West
Appeals of Merit System Protection Board jurisdictional decisions in 'mixed cases' belong in Federal Circuit. 		Civil Procedure Jun. 3, 1999
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