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Name Category Published
Bankruptcy of DiSalvo
It is reversible error to extinguish debt and security as sanction for violating one action rule. 		Bankruptcy Apr. 14, 1999
Kearney v. Standard Insurance Co.
District court must admit additional evidence where circumstances require de novo review of benefits decision. 		Labor Law Apr. 14, 1999
San Remo Hotel v. City and County of San Francisco
Federal court considering 'taking' claim must abstain because determinative state law issues remain unclear. 		Real Property Apr. 14, 1999
C & C Partners Ltd. v. Dept. of Industrial Relations
Garment manufacturer operating without registration certificate can be fined based on number of employees. 		Labor Law Apr. 14, 1999
Southern Pacific Thrift & Loan Association v. Savings Association Mortgage Co.
Loan agreement using 'trustee' and 'independent contractor' language doesn't automatically result in fiduciary duty. 		Real Property Apr. 14, 1999
State Compensation Insurance Fund v. WPS Inc. (Telanoff)
Although attorney's inadvertent disclosure of privileged information isn't a waiver, receiving attorney using the disclosure shouldn't get sanctions. 		Attorneys Apr. 14, 1999
Tatiana B., a Minor
To declare wardship for minor under age 14, trial court must expressly find that she appreciates wrongfulness of her act. 		Juveniles Apr. 14, 1999
Mariani v. Price Waterhouse
Summary judgment properly granted when there's no evidence that defendant intended to induce reliance. 		Torts Apr. 14, 1999
Reno v. American-Arab Anti-Discrimination Committee
Federal courts lack jurisdiction over suits involving deportation under the Illegal Immigration Reform and Immigrant Responsibility Act. 		Immigration Apr. 14, 1999
Bardin v. Lockheed Aeronautical Systems Co.
Absolute privilege exists for employers providing false and misleading information regarding former employees despite Government Code qualified privilege rule. 		Torts Apr. 14, 1999
Fall River Wild Trout Foundation v. County of Shasta (Fall River Ranches)
California Environmental Quality Act requires notice of intent to adopt mitigated negative declaration be given to both the public and trustee agency. 		Environmental Law Apr. 14, 1999
Ramey on Habeas Corpus
Absent felony conviction for earlier robbery, sentence enhancement for current robbery conviction improper. 		Criminal Law and Procedure Apr. 14, 1999
Davidson v. Superior Court (City of Mendota)
Contempt order can't be issued against a petitioner where order is based on a settlement agreement petitioner never personally signed. 		Civil Procedure Apr. 14, 1999
People v. Barrera
Although commissioner's disqualification can't be waived, a party may not seek review of the issue if timely objection wasn't made. 		Criminal Law and Procedure Apr. 14, 1999
People v. Superior Court (Johannes)
Under the Sexually Violent Predator Act, crimes against children under 14 need not be committed with force to satisfy statute. 		Criminal Law and Procedure Apr. 14, 1999
McComber v. Wells
Pre-verdict settlement between co-defendants and plaintiff may be used to reduce economic damages against non-settling defendant. 		Torts Apr. 14, 1999
Edwardo V., a Minor
Minor who takes bikes from an uninhabited garage, that apartment tenants share, can be guilty of residential burglary. 		Juveniles Apr. 14, 1999
City of Palm Springs v. Living Desert Reserve
Forfeiture language in deed manifests intent to create fee simple subject to condition subsequent rather than charitable trust. 		Real Property Apr. 14, 1999
People v. Bonds
Although trial court can dismiss on its own motion if state claims inability to go forward, state can appeal dismissal. 		Criminal Law and Procedure Apr. 14, 1999
People v. Tillman
Failure to challenge use of prior rape conviction as element of current offense isn't ineffective assistance of counsel. 		Criminal Law and Procedure Apr. 14, 1999
Abbott v. Mandiola
Judge who declares mistrial is required to hear sanction requests stemming from that mistrial, absent inability. 		Judges Apr. 14, 1999
People v. Sargent
Conviction for child abuse involving infliction of pain and mental suffering doesn't require criminal negligence. 		Criminal Law and Procedure Apr. 14, 1999
People v. Neely
References to defendant's case that newly elected district attorney makes during campaigning doesn't warrant recusal of prosecutor's office. 		Criminal Law and Procedure Apr. 14, 1999
Smith v. Golden Eagle Insurance Co.
Going to trial on personal injury claim after unsuccessful settlement attempt bars subsequent breach of contract claim. 		Torts Apr. 14, 1999
City and County of San Francisco v. Garnett
Statute that precludes parent from reducing child support payments, even though child receives welfare payments, does not violate Equal Protection Clause. 		Family Law Apr. 14, 1999
People v. Farael
Enforcement of confession of judgment in criminal case is proper when restitution is ordered. 		Criminal Law and Procedure Apr. 14, 1999
Baldwin v. City of Los Angeles (Habitat for Humanity, Harbor Area/Long Beach, CA Inc.)
No unconditional acceptance of donation deed when parties continue to negotiate terms of dedication. 		Real Property Apr. 14, 1999
Scheffield Medical Group Inc. v. Workers' Compensation Appeals Board
Medical-legal reports inadmissible when office assistant exercises technical function of taking X-rays without legal authority. 		Workers' Compensation Apr. 14, 1999
Moreno v. Draper
Noncustodial parent may not receive a hardship deduction in child support payments even if child is receiving public assistance. 		Family Law Apr. 14, 1999
People v. Jennings
Attorney's refusal to present perjured testimony doesn't deny defendant effective assistance of counsel. 		Criminal Law and Procedure Apr. 14, 1999
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