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Name Category Published
Merlet v. Rizzo
Failed application for order for writ of sale can't support later claim for malicious prosecution.
Torts Apr. 19, 1999
DeCuir v. County of Los Angeles
Mandamus is sole remedy for applicant aggrieved by civil service examination process.
Civil Procedure Apr. 19, 1999
Lewis v. United States
Taxpayers recover attorney fees where government's position regarding timeliness of filing wasn't substantially justified.
Taxation Apr. 19, 1999
Andres v. Young Men's Christian Association
Failure to provide lifeguard or supervisor for shower room Jacuzzi isn't negligence per se.
Torts Apr. 19, 1999
20th Century Insurance Co. v. Quackenbush
Reply by letter to public from Insurance Commissioner concerning insurance matters is authorized by Insurance Code.
Insurance Apr. 19, 1999
Sagonowsky v. More
Favorable outcome in private, contractual arbitration doesn't support subsequent malicious prosecution action.
Torts Apr. 19, 1999
Miller v. Miller
Mother's second husband isn't presumed father of child born during first marriage and can't assert paternity.
Family Law Apr. 19, 1999
Smith v. James A. Merrill Inc.
Recorded homestead declaration affects amount of judgment lien based on later-recorded abstract of judgment.
Real Property Apr. 19, 1999
Kiowa Tribe of Oklahoma v. Manufacturing Technologies Inc.
Tribes are generally immune from suits on contracts, regardless of purpose or place of execution.
Native American Affairs Apr. 19, 1999
United States v. Board of Trustees of the Leland Stanford Jr. University
Administrative contracting officer with duty to report fraud can't sue under False Claims Act.
Government Apr. 19, 1999
Gutierrez v. Cassiar Mining Corp.
Jury instructions in asbestos cases must provide guidance regarding pre-existing conditions.
Torts Apr. 19, 1999
People v. Thierry
Booking photograph and identifications stemming from illegal arrest are admissible in trial for different crimes.
Criminal Law and Procedure Apr. 19, 1999
Deon W., a Minor
Juvenile is entitled to notice, social study, and a disposition hearing before being made ward.
Juveniles Apr. 19, 1999
Unisys Corporation v. California Life and Health Insurance Guarantee Assn.
Guaranteed investment contracts aren't covered under the California Life and Health Insurance Guarantee Association Act.
Insurance Apr. 19, 1999
U.S. v. Marsh
Trial court errs by failing to give limiting instruction regarding letters read during mail fraud trial.
Criminal Law and Procedure Apr. 19, 1999
Dodds v. SVW American Broadcasting Co.
Broadcasting company's recount of third party statements in televised report doesn't support defamation action.
Torts Apr. 19, 1999
United States v. Nackman
Summary judgment is proper in qui tam action given lack of evidence that false claims were made knowingly.
Government Apr. 19, 1999
Virginia Surety Co. v. Northrop Grumman Corp.
Parent insurer jointly liable with subsidiary under contract has standing to seek declaratory judgment.
Insurance Apr. 19, 1999
Leslie v. Commissioner of Internal Revenue
Losses and fees incurred in connection with tax-motivated gold futures 'straddle' transactions are not deductible.
Taxation Apr. 19, 1999
People v. $9,632.50 United States Currency
Forfeiture of bank account containing drug proceeds and other funds is limited to proceeds plus interest.
Criminal Law and Procedure Apr. 19, 1999
Doran v. State Bar
Violations of fidelity to clients, combined with trust account abuses, warrant six months' actual suspension.
Attorneys Apr. 19, 1999
People v. Foranyic
Police may detain a man with an ax riding a bicycle at 3:00 a.m. for investigation.
Criminal Law and Procedure Apr. 19, 1999
Patterson v. City of Livermore
Bicycling accident described in complaint didn't necessarily involve a 'hazardous recreational activity.'
Torts Apr. 19, 1999
California Insurance Guarantee Assn. v. Superior Court (Insurance Commissioner of the State of California)
Subrogation payments to California Insurance Guarantee Association belong to entity that provided funds to pay claim.
Insurance Apr. 19, 1999
Kennedy v. U.S. Postal Service
Postal workers may not file employment-related claims under Federal Tort Claims Act.
Employment Law Apr. 19, 1999
Jensen v. City of Oxnard
Police officer isn't entitled to qualified immunity for allegedly unreasonable shooting of fellow officer during raid.
Civil Rights Apr. 19, 1999
Guardian Savings and Loan Assn. v. MD Associates
California anti-deficiency statute doesn't protect Texas domiciliaries who chose Texas law for transactions.
Real Property Apr. 19, 1999
Andres v. Young Men's Christian Association
Failure to provide lifeguard or supervisor for shower room Jacuzzi isn't negligence per se.
Torts Apr. 19, 1999
United States of America v. Board of Trustees of the Leland Stanford, Jr. University
Administrative contracting officer with duty to report fraud can't sue under False Claims Act.
Government Apr. 19, 1999
Doe v. Madison School District No. 321
Order
Apr. 19, 1999