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Name Category Published
People v. One 1984
Court has discretion to return vehicle impounded for driving without a valid license when statute provides that vehicles are "subject to" forfeiture.
Civil Procedure Mar. 29, 1999
11382 Beach Partnership v. Libaw
Written lease cancellation provision prevails over lessor's option to extend after fire destroys premises.
Real Property Mar. 29, 1999
U.S. v. Juvenile L.M.K.
Order
Mar. 29, 1999
People v. West
Insufficient proof of defendant having received two prior determinate sentences for sexually violent offenses, precludes finding that defendant is sexual violent predator.
Criminal Law and Procedure Mar. 29, 1999
Fairview Neighbors v. County of Ventura (Transit Mixed Concrete Co.)
Environmental Impact Report provides adequate traffic analysis for expansion of mining operation under California Environmental Quality Act.
Environmental Law Mar. 29, 1999
Joel T., a Minor
Reunification services after removal of minors are necessary after parent received family maintenance services for 18 months before minors' removal.
Juveniles Mar. 29, 1999
Carson Harbor Village Ltd. v. City of Carson Mobilehome Park Rental Review Board
Administrative record reflects substantial evidence to support rent increase approved by Mobilehome Park Rental Review Board.
Real Property Mar. 29, 1999
People v. Goslar
Vehicular manslaughter statute with different blood alcohol levels required for conviction depending on individual's age isn't void for vagueness.
Criminal Law and Procedure Mar. 29, 1999
People v. Parra
Proof of intent to sell illegal drugs doesn't require defendant to have intent to sell personally, only intent that drugs are sold.
Criminal Law and Procedure Mar. 29, 1999
Toigo v. Town of Ross
Subdivision developer's action isn't ripe for review where developer hasn't made effort to compromise with town after permit denied.
Constitutional Law Mar. 29, 1999
People v. Wilborn
Failure of court to question prospective jurors regarding racial bias deprives defendant of a fair and impartial jury.
Criminal Law and Procedure Mar. 29, 1999
Mikhail on Habeas Corpus
Defendant is entitled to forfeited worktime credit under statute in effect when convicted.
Criminal Law and Procedure Mar. 29, 1999
People v. Rangel
Ordering a diagnostic evaluation by the California Youth Authority, for sentencing purposes, is within trial court's discretion.
Criminal Law and Procedure Mar. 29, 1999
Gault v. Erickson
Purchaser of real property can void sale if seller violates Subdivision Map Act or subsequent certificate of compliance.
Real Property Mar. 29, 1999
American International Industries v. Superior Court (Urbach)
Prior representative action by watchdog environmental group bars subsequent class action under doctrine of res judicata.
Torts Mar. 29, 1999
Agricultural Insurance Co. v. Superior Court (MKDG/Rhodes SC Partnership)
Insurer can only sue insured for breach of covenant of good faith and fair dealing under contract law and not torts.
Insurance Mar. 29, 1999
People v. Felix
Truth in Evidence Clause doesn't abrogate Evidence Code's criteria for the admission of character evidence.
Criminal Law and Procedure Mar. 29, 1999
Justin Malovec, a Minor
Trial courts may not, on its own, initiate monetary sanctions against plaintiff for pursuing a claim after summary judgment is awarded to defendant.
Civil Procedure Mar. 29, 1999
Zamudio v. City and County of San Francisco
Owner of construction project isn't vicariously liable to injured employee of a subcontractor who already received workers' compensation benefits.
Torts Mar. 29, 1999
People v. Lavaie
Simply being missing isn't sufficient evidence to support prison escape conviction, even though it's sufficient to find prison rule violation.
Criminal Law and Procedure Mar. 29, 1999
People v. Mercer
Evidence sufficient to establish defendant as sexually violent predator when fact-finder determines defendant will re-offend.
Criminal Law and Procedure Mar. 29, 1999
Millsap v. Superior Court (People)
Although entire office need not be recused, particular Deputy District Attorneys, who defendant targeted in murder solicitation, must be recused.
Criminal Law and Procedure Mar. 29, 1999
People v. Lee
Reversal of conviction is improper where failure to inform jury about misdemeanor manslaughter version of involuntary manslaughter favors defendant.
Criminal Law and Procedure Mar. 29, 1999
People v. Douglas
Appeal that's unrelated to probation order is procedurally proper if there's no threat to defendant's probation.
Criminal Law and Procedure Mar. 29, 1999
Fischer v. Los Angeles Unified School District
School board not required to give 24-hour written notice when evaluating performance of probationary teacher.
Education Mar. 29, 1999
Mikhail on Habeas Corpus
Defendant is entitled to forfeited worktime credit under statute in effect when convicted.
Criminal Law and Procedure Mar. 29, 1999
Bills v. Arizona Property and Casualty Insurance Guaranty Fund
The handling of covered claims by the Arizona Property & Casualty Insurance Guaranty Fund doesn't subject it to tort liability.
Insurance Mar. 29, 1999
Cuvelier v. Schmitz
Proponents of initiative aren't entitled to special election when city's initiative procedure dictates that next 'ensuing election' is the next municipal election.
Government Mar. 29, 1999
Denise H., a Minor
Juvenile court severance proceeding is civil in nature, and parent doesn't have same rights as criminal defendants.
Family Law Mar. 29, 1999
Schwab Sales Inc. v. GN Construction Co. Inc.
A trial de novo may be held on appeal from arbitration arising out of contract, and attorney fees for arbitration proceeding may be awarded.
Contracts Mar. 29, 1999