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U.S. v. Harris
Order
Mar. 29, 1999
Bankruptcy of Gruntz
State court ruling that automatic stay did not apply in criminal case does not bind bankruptcy court to same conclusion.
Bankruptcy Mar. 29, 1999
People v. Superior Court (Roam)
Prior to sentencing, convicted 'Three Strikes' defendant can't be released on supervised own recognizance to attend drug rehabilitation.
Criminal Law and Procedure Mar. 29, 1999
Levin v. Gulf Insurance Group
Insurer liable for intentional interference with prospective economic advantage for paying judgment despite lien placed on recovery by discharged attorney.
Torts Mar. 29, 1999
Waffer International Corp. v. Khorsandi
Obtaining a writ of attachment does not bar one from pursuing legitimate tort claims.
Torts Mar. 29, 1999
People v. Terrell
Sentencing court erred when it failed to impose parole revocation fine and statutory assessments against defendant.
Criminal Law and Procedure Mar. 29, 1999
Christine M. v. Superior Court (Los Angeles County Department of Children and Family Services)
Denial of stay of proceedings proper when parent has demonstrated a lack of interest in the child.
Juveniles Mar. 29, 1999
In re Pratt
Habeas corpus properly granted where trial judge's factual resolutions of evidentiary conflicts supported by substantial evidence.
Criminal Law and Procedure Mar. 29, 1999
People v. Ellis
Harmless error not to provide amplifying instructions defining speeding where giving instruction for felony driving under the influence.
Criminal Law and Procedure Mar. 29, 1999
People v. Garcia
Defendant can be convicted under provocative-act theory of murder even if murder was committed by accomplice.
Criminal Law and Procedure Mar. 29, 1999
Mardesich v. California Youthful Offender Parole Board
Trial court must exercise independent review over California Youthful Offender Parole Board's decision to transfer individual out of California Youth Authority.
Criminal Law and Procedure Mar. 29, 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 Mar. 29, 1999
Estate of Bonaccorsi
Administrator, who reasonably opposes a contest by beneficiaries, isn't liable to pay surcharge for attorney fees.
Probate and Trusts Mar. 29, 1999
Trear v. Sills
Professional duty of a therapist does not extend beyond the patient to the patient's parent.
Torts Mar. 29, 1999
Yu v. Signet Bank/Virginia
Virginia doesn't have jurisdiction over its bank's credit card debt collection activities where debtor's only tie to Virginia is the credit card.
Banking Mar. 29, 1999
Strasbourger Pearson Tulcin Wolff Inc. v. Wiz Technology Inc.
Law firm can only be disqualified for conflict of interest if it possesses confidential attorney-client information from party seeking disqualification.
Attorneys Mar. 29, 1999
Lazar v. Hertz Corp.
Car rental companies can refuse to rent to drivers under age 25 without violating age discrimination act.
Constitutional Law Mar. 29, 1999
Draeger v. Reed
Florida drunk driving conviction can't be used as a prior offense in California.
Administrative Agencies Mar. 29, 1999
G.E. Engine Maintenance/Electric Insurance v. Workers' Compensation Appeals Board
Driving on street with trucks and vans doesn't meet 'special risk' exception to workers' compensation law's 'coming and going' rule.
Workers' Compensation Mar. 29, 1999
Campbell v. Parker-Hannifin Corporation
Suit for wrongful death should be brought by plaintiffs in country where aircraft accident occurred, as long as remedy is available there.
Torts Mar. 29, 1999
Bierbower v. FHP Inc.
Date discrepancy regarding alleged sexual harassment isn't evidence of malice for purposes of avoidance of "common interest" privilege against defamation.
Employment Law Mar. 29, 1999
Dry Creek Citizens v. Tulare County
Description of water diversion elements in Environmental Impact Report for surface mining operation complies with California Environmental Quality Act.
Environmental Law Mar. 29, 1999
Vikco Insurance Services Inc. v. Ohio Indemnity Company
Statute requiring 120 days notice of termination doesn't apply when written contract contains clause to the contrary.
Insurance Mar. 29, 1999
Casey D., a Minor
Parental rights properly terminated when no parent/child relationship exists and minor is likely to be adopted.
Juveniles Mar. 29, 1999
People v. Velasquez
Sentence must be modified where prosecutor incorrectly and negligently advises defendant of sentencing.
Criminal Law and Procedure Mar. 29, 1999
Tilley v. Schulte
Under the 'firefighter's rule,' a psychiatrist, whose patient shot a policeman, isn't liable to the policeman for negligent care.
Torts Mar. 29, 1999
Sacramento County Department of Health and Human Services v. Dana C.
Mother whose parental rights to another child had been severed and who hadn't addressed relevant problem not entitled to reunification services.
Juveniles Mar. 29, 1999
People v. Superior Court (Howard)
Due process not violated when victim's hearsay statements are admitted at probable cause hearing.
Criminal Law and Procedure Mar. 29, 1999
State Farm Fire & Casualty Company v. Pietak
Party is entitled to relief when failure to file compulsory cross-complaint is due to attorney's reasonable mistake.
Civil Procedure Mar. 29, 1999
People v. Fernandez
Failure to meet notice requirement of Mentally Disordered Offender statute doesn't result in automatic release of prisoner.
Criminal Law and Procedure Mar. 29, 1999