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Name Category Published
Aktar v. Anderson
California Department of Social Services must comply with federal law and involuntarily collect food stamp overissuances.
Administrative Agencies Jun. 3, 1999
Efstratis v. First Northern Bank of Dixon
Confession of judgment by party who is also an attorney is invalid since independent counselor required.
Civil Procedure Jun. 3, 1999
Urban Pacific Corporation v. Superior Court (Steiner & Libo)
Business records subpoena cannot be used to avoid court reporter's fee for copy of deposition transcript.
Civil Procedure Jun. 3, 1999
People v. Carreon
Enhancement that is dismissed twice is barred from prosecution.
Criminal Law and Procedure Jun. 3, 1999
People v. Owens
Defendant isn't subjected to discrimination where decision to prosecute was motivated by fact he was policeman.
Criminal Law and Procedure Jun. 3, 1999
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