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Name Category Published
PMC Inc. v. Porthole Yachts Ltd.
Under Uniform Commercial Code, cover letter makes acceptance of contract modification proposal conditional.
Business Law Apr. 1, 1999
People v. Hart
Penal Code doesn't authorize entry of interest-bearing civil money judgment covering restitution fine and costs.
Criminal Law and Procedure Apr. 1, 1999
U.S. v. Ramirez
Order
Apr. 1, 1999
O'Hara v. Teamsters Local #856
Employer must indemnify manager for cost of defending employment-related suit that was dismissed with prejudice.
Labor Law Apr. 1, 1999
Powelson v. United States
Sovereign immunity bars quiet title action against United States challenging merits of tax assessment.
Government Apr. 1, 1999
Resource Investments Inc. v. U.S. Army Corps of Engineers
Landfill doesn't need Clean Water Act permit under plan pursuant to Resource Conservation and Recovery Act.
Environmental Law Apr. 1, 1999
Eden Hospital District v. Belshe
Substantial evidence indicates hospital isn't entitled to administrative adjustment of Medi-Cal reimbursements.
Administrative Agencies Apr. 1, 1999
Marriage of Cohn
Earning capacity imputed to husband when calculating support obligations isn't supported by substantial evidence.
Family Law Apr. 1, 1999
Messner v. Los Angeles County Superior Court (Bank of America)
Order
Apr. 1, 1999
People v. Moore
Willfulness is element of crime of omission to provide necessities of life for child.
Criminal Law and Procedure Apr. 1, 1999
Gatton v. A.P. Green Services, Inc.
Deposition testimony that is inadmissible hearsay doesn't create triable issue of fact defeating summary judgment.
Torts Apr. 1, 1999
Syntex Corp. v. Lowsley-Williams and Companies.
Insurers not responsible for costs resulting from intentional release of hazardous substances
Environmental Law Apr. 1, 1999
Townsel v. San Diego Metropolitan Transit Development Board
Due process entitles terminated public employee to evidentiary hearing.
Government Apr. 1, 1999
ONRC Action v. Bureau of Land Management
Pendency of environmental impact statement on regional plan doesn't bar actions consistent with existing plans.
Environmental Law Apr. 1, 1999
Quigley v. First Church of Christ, Scientist
Neither Christian Science practitioners nor child's grandmother have duty to refer child for conventional medical treatment.
Torts Apr. 1, 1999
Furla v. Jon Douglas Co.
Evidence that competent agent would have known home was smaller than advertised precludes summary judgment.
Torts Apr. 1, 1999
Crookall v. Davis, Punelli, Keathley & Willard
Attorneys who didn't raise anti-deficiency statute in underlying case may have committed malpractice.
Attorneys Apr. 1, 1999
City of Los Angeles v. Amwest Surety Insurance Co.
Surety bond for public improvements may require payment of 'penal sum' in event of contractor's default.
Insurance Apr. 1, 1999
M/A Com-Phi v. WCAB
Opinions of reporting doctors aren't substantial evidence if they haven't viewed relevant surveillance films.
Workers' Compensation Apr. 1, 1999
Ludwig v. City of San Diego
City traffic engineer owes no duty to worker injured in collapsing trench because incident wasn't foreseeable.
Torts Apr. 1, 1999
People v. Andrews
No denial of equal protection where a county complies more strictly with three strikes law than another county would.
Criminal Law and Procedure Apr. 1, 1999
People v. Craig
Threat contingent upon future event is crime if there's apparent ability to carry out the threat.
Criminal Law and Procedure Apr. 1, 1999
Damian v. Tamondong
Defendant in voluntarily dismissed deficiency action under Rees-Levering Act may be entitled to attorney fees.
Contracts Apr. 1, 1999
Pacific Trends Lamp & Lighting Products Inc. v. J. White Inc.
Orange County court rule imposing sanctions conflicts with statutory requirements of motion for new trial.
Civil Procedure Apr. 1, 1999
U.S. v. Stoddard
Person convicted of defrauding bank needn't pay restitution for value of diverted business opportunity.
Criminal Law and Procedure Apr. 1, 1999
U.S. v. Morfin
Erroneous jury instruction not challenged at trial doesn't require reversal if evidence of guilt was overwhelming.
Criminal Law and Procedure Apr. 1, 1999
Minidoka Irrigation District v. Dept. of the Interior
Bureau of Reclamation doesn't repudiate contract by claiming no funds are due to irrigation district.
Government Apr. 1, 1999
Babbitt v. Calderon
Counsel isn't ineffective due to use of experts rather than lay witnesses to explain post-traumatic stress disorder.
Criminal Law and Procedure Apr. 1, 1999
People v. Davis
Person who passes forged check through chute at walk-up teller window doesn't commit burglary.
Criminal Law and Procedure Apr. 1, 1999
Jordache Enterprises Inc. v. Brobeck, Phleger & Harrison
Attorney's neglect of insurance coverage for third party claim causes actual injury when problem first recognized.
Attorneys Apr. 1, 1999