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City and County of San Francisco v. Freeman
State statute that disallows child support hardship deduction if either parent is receiving public assistance is constitutional.
Family Law May 20, 1999
People v. Tobias
Ex post facto clause isn't violated by reviving expired limitation period in criminal statute.
Criminal Law and Procedure May 20, 1999
Hon. Wesley Chesbro, Member of the California State Senate
School district may, but isn't required to disclose sex offender information it obtains from police or parents.
Government May 20, 1999
Administrator, State of Arizona v. U. S. Environmental Protection Agency
Tribe's plan for redesignation of reservation lands under Clean Air Act satisfies procedural requirements.
Environmental Law May 20, 1999
Griggs v. Pace American Group Inc.
Under 1934 Act, former shareholder who exchanges stock for contingent rights to receive shares, has standing to sue as stock 'purchaser.'
Securities May 20, 1999
U.S. v. Berke
Consent decree enjoining defendant from selling sexually explicit materials can't be vacated on First Amendment grounds, if trial court has proper jurisdiction.
Constitutional Law May 20, 1999
American Rivers v. Federal Energy Regulatory Commission
Order
May 20, 1999
U.S. v. Rodrigues
Prosecutorial misconduct, including disparaging statements to jury about defense counsel, requires reversal of convictions.
Criminal Law and Procedure May 20, 1999
Hon. Jim Costa, Member of the California State Senate
Notice & hearing are necessary before irrigation water district can impose water usage surcharge in addition to charges based on acreage.
Administrative Agencies May 20, 1999
Bankruptcy of Arrol
Chapter 7 debtor can apply California homestead exemption to property in Michigan.
Bankruptcy May 20, 1999
National Labor Relations Board v. Kolkka
Employer must bargain with collective bargaining representative even though some voting employees are undocumented aliens.
Labor Law May 20, 1999
Jones v. U.S.
'Carjacking' statute requires three distinct offenses be charged in indictment, proven beyond a reasonable doubt and presented to jury for verdict.
Criminal Law and Procedure May 20, 1999
Burrell v. Starr Nursery Inc.
Summary judgment is improper where presumption of employer's vicarious liability, for supervisor's act of sexual harassment, isn't overcome.
Employment Law May 20, 1999
Quarty v. U.S.
Taxpayers' constitutional rights aren't violated by retroactive application of increased estate and gift taxes.
Taxation May 20, 1999
People v. Hale
Relieving state's burden, by instructing jury that allegations of defendant's prior out-of-state felony convictions are true, requires reversal.
Criminal Law and Procedure May 20, 1999
People v. Ramirez
Defendant isn't entitled to a verbal advisement of the immigration consequences of pleading guilty.
Criminal Law and Procedure May 20, 1999
Riverside County Department of Public Social Services v. Superior Court (Mary Ann M.)
It is proper to deny reunification services to any parent whose rights to another child have been terminated.
Family Law May 20, 1999
Bolsa Chica Land Trust v. Superior Court (Bolsa Chica Land Trust)
Coastal Act doesn't permit destruction of environmentally sensitive habitat area simply based on proposed offsite mitigation.
Environmental Law May 20, 1999
Guardianship of Z.C.W.
Lesbian partner who isn't adoptive or biological parent of child conceived during lesbian relationship isn't entitled to visitation rights through guardianship.
Family Law May 20, 1999
Thompson v. Friendly Hills Regional Medical Center
Motion for new trial isn't supported by allegation of jury misconduct in adding attorney fees to an award for damages.
Civil Procedure May 20, 1999
Haley v. Dow Lewis Motors
Trial court must allow plaintiff opportunity to amend his complaint to substitute a bankruptcy trustee as a party plaintiff.
Civil Procedure May 20, 1999
Bollinger v. San Diego Civil Service Commission
Police department employee isn't entitled to written notification of his right to a public hearing 24-hours before he is demoted.
Administrative Agencies May 20, 1999
People v. Elize
Defendant's convictions for assault and battery cannot stand due to failure to give jury instruction on self-defense.
Criminal Law and Procedure May 20, 1999
Estrada v. Ramirez
Jurisdiction to review appeal from order imposing discovery sanctions, rests with the appellate department of the superior court.
Civil Procedure May 20, 1999
General Dynamics Corp. v. WCAB
Asbestos exposure claim could be barred on res judicata grounds if injury known at time of prior settlement for asthma injury.
Workers' Compensation May 20, 1999
Farmers Insurance Exchange v. Smith
Although injured policyholder receives payments from insurer and tortfeasor, his attorney can't be forced by insurer to act as a collection agent.
Insurance May 20, 1999
Sutter's Place Inc. v. Kennedy
Fee collection practices used to collect on bets at certain card games doesn't violate 'percentage game' statute.
Criminal Law and Procedure May 20, 1999
Estate of Beard
Set aside original settlement order invalidates order for preliminary distribution of property derived from settlement.
Probate and Trusts May 20, 1999
Safeco Insurance Co. of America v. Superior Court (McKinney)
Insurer defending action is not bound by stipulated judgment entered into without insurer's consent.
Insurance May 20, 1999
Construction Industry Force Account Council v. Amador Water Agency
Agency has statutory authority to use its own personnel to complete project and isn't required to advertise for bids from outside contractors.
Contracts May 20, 1999