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Name Category Published
Gamage v. Medical Board of California
Agency entitled to full amount it paid for hearing transcript where plaintiff's petition is defeated.
Administrative Agencies May 26, 1999
People v. Proby
Evidence is sufficient to prove defendant acted as 'major participant' with 'reckless disregard' for human life.
Criminal Law and Procedure May 26, 1999
City of Lake Elsinore v. Ranel Development Co.
City's failure to adopt resolution of necessity in eminent domain action doesn't necessitate dismissal.
Real Property May 26, 1999
Sabrina N., a Minor
Failure to provide incarcerated father reasonable reunification services with child requires order vacating termination of services.
Juveniles May 26, 1999
People v. Gatson
Victim's statements that she was robbed are properly admitted under dying declaration exception to hearsay rule.
Criminal Law and Procedure May 26, 1999
Parage v. Couedel
Failure to become aware of probate proceedings after publication notice isn't mistake permitting relief from judgment.
Probate and Trusts May 26, 1999
Galante Vineyards v. Monterey Peninsula Water Management District
Party can bring action to set aside environmental impact report approval if objection raised before certification.
Environmental Law May 26, 1999
Oubre v. Entergy Operations Inc.
Release that doesn't comply with Older Workers Benefit Protection Act cannot bar former employee's claims.
Employment Law May 26, 1999
Brogan v. United States
No exception to federal statutory criminal liability for false statement consisting of mere 'exculpatory no.'
Criminal Law and Procedure May 26, 1999
Gentis v. Safeguard Business Systems, Inc., et al.
Persons who solicit orders but lack authority to enter contracts are franchisees.
Contracts May 26, 1999
Bankruptcy of Magno
Untimely amended complaint stating new grounds for nondischargeability does not relate-back to original complaint.
Bankruptcy May 26, 1999
South Dakota v. Yankton Sioux Tribe
Language of Act of 1894 shows Congressional intent to diminish Yankton Reservation.
Native American Affairs May 26, 1999
Allentown Mack Sales & Service Inc. v. NLRB
Board's reasonable doubt test for employer polling is consistent with statute but evidence doesn't support findings.
Labor Law May 26, 1999
People v. Moenius
Evidence is sufficient to establish prior burglary convictions were qualifying felony convictions under three strikes law.
Criminal Law and Procedure May 26, 1999
Weddington Productions Inc. v. Flick
Court cannot enforce 'order enforcing settlement agreement' issued by private judge in voluntary mediation.
Civil Procedure May 26, 1999
First Presbyterian Church of Berkeley v. City of Berkeley
Ellis Act pre-empts municipal regulations regarding landlord's ability to demolish residential property but not environmental regulations.
Real Property May 26, 1999
Beckstead v. WCAB
Workers' Compensation Appeals Board abuses its discretion by not considering injured employee's cumulative trauma injury.
Workers' Compensation May 26, 1999
Wawanesa Mutual Insurance Co. v. Matlock
17-year-old isn't liable for damage caused by cigarette he gave to 15-year-old.
Torts May 26, 1999
U.S. v. Lipman
Following conviction for illegal re-entry after deportation, downward sentence departure for 'cultural assimilation' is proper.
Criminal Law and Procedure May 26, 1999
Siripongs v. Calderon
Defense attorney's failure to blame murder on accomplice doesn't constitute ineffective assistance of counsel.
Criminal Law and Procedure May 26, 1999
People v. Sanchez
Specific statute of solicitation doesn't pre-empt prosecution under general 'attempted possession' statutes.
Criminal Law and Procedure May 26, 1999
People v. York
Specific statute of solicitation pre-empts prosecution under general 'attempted possession' statutes.
Criminal Law and Procedure May 26, 1999
Western Digital Corp. v. Superior Court
Disqualification of expert witness interviewed but not retained by opposing party is abuse of discretion.
Civil Procedure May 26, 1999
Ike v. Doolittle
Ambiguities in trust support finding property agreement did not transmute trustors' separate property to community property.
Probate and Trusts May 26, 1999
Cotran v. Rollins Hudig Hall International Inc.
Jury must determine not whether incident leading to termination took place, but whether employer acted reasonably.
Employment Law May 26, 1999
Stella Foods, Inc. v. Superior Court (Cacique, Inc.)
Cross-complainant needn't prove opponent's conduct was wrongful and independently actionable to prevail on economic interference action.
Torts May 26, 1999
Lockheed Information Management Services Co. v. City of Inglewood
City has municipal authority to provide parking citation services to other issuing agencies.
Government May 26, 1999
People v. Hitchings
No error in refusing to play tape of defendant's post-arrest conversation with his girlfriend.
Criminal Law and Procedure May 26, 1999
Smith, Smith & Kring v. Superior Court (Oliver)
Relationship between law firm and plaintiffs isn't sufficient to support recusing firm from representing defendants.
Attorneys May 26, 1999
Yeap v. Leake
Plaintiff can obtain relief from dismissal for attorney's failure to attend arbitration and file trial de novo.
Civil Procedure May 26, 1999