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Name Category Published
Kiernan v. Zurich Companies
Admiralty law doesn't bar direct action by judgment creditor against debtor's marine insurer.
Insurance Apr. 1, 1999
Corbin v. Apfel
Applicant awarded fees where agency's decision to defend errors by hearing judge wasn't substantially justified.
Administrative Agencies Apr. 1, 1999
U.S. v. Luna-Herrera
Court sentencing for illegal re-entry may count predicate felony toward both base offense level and criminal history.
Criminal Law and Procedure Apr. 1, 1999
Willamette Industries Inc. v. Commissioner of Internal Revenue
Tax court's rulings in connection with corporate income tax deficiencies are affirmed.
Taxation Apr. 1, 1999
Coleman v. Calderon
Jury instruction overstating governor's commutation power voids death sentence.
Criminal Law and Procedure Apr. 1, 1999
People v. Trotter
Defendant who wasn't in custody when he fled courtroom during arraignment can't be convicted of escape.
Criminal Law and Procedure Apr. 1, 1999
Devis v. Bank of America N.T. & S.A.
Bank is immune from false imprisonment, negligence and slander charges stemming from arrest of wrong person.
Torts Apr. 1, 1999
Los Angeles Cellular Telephone Co. v. Superior Court (Spielholz)
Cellular telephone company's tariff limits its liability for negligence to $5,000.
Torts Apr. 1, 1999
Joseph R., a Minor
Minor's statement to officer is admissible despite lack of Miranda warnings because minor wasn't in custody.
Juveniles Apr. 1, 1999
Kirkpatrick v. Westamerica Bank
One action rule doesn't preclude foreclosure where lender amends complaint seeking other relief before trial.
Real Property Apr. 1, 1999
Sabek Inc. v. Engelhard Corp.
Direct estoppel bars service of amended complaint on party that already obtained ruling of no personal jurisdiction.
Civil Procedure Apr. 1, 1999
Pahl v. Commissioner of Internal Revenue
State law determines whether person is beneficial shareholder in S corporation for tax purposes.
Taxation Apr. 1, 1999
Foti v. City of Menlo Park
Ban on signs in public right-of-way, with content-based exceptions, is enjoined under First Amendment.
Constitutional Law Apr. 1, 1999
People v. Maguire
Attorney's failure to advise defendant of legal insufficiency of charges is ineffective assistance of counsel.
Criminal Law and Procedure Apr. 1, 1999
People v. Thrash
Order
Apr. 1, 1999
Keiffer v. Bechtel Corporation
Failure to exhaust administrative remedies doesn't necessarily deprive court of subject matter jurisdiction.
Civil Rights Apr. 1, 1999
Pacific Trends Lamp and 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
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
People v. Simpson
Police needn't give Miranda warnings before asking suspect about weapons at house about to be searched.
Criminal Law and Procedure Apr. 1, 1999
In re Marriage of Newsome
Child custody jurisdiction favors child's home state, where they live, over the 'significant connection test.'
Family Law Apr. 1, 1999
People v. Reyes
Searches based on parole conditions may be conducted without reasonable suspicion.
Criminal Law and Procedure Apr. 1, 1999
Guardianship of Simpson
In proceeding terminating guardianship by father, failure to admit circumstances of mother's death requires reversal.
Family Law Apr. 1, 1999
Rochin v. Johnson
Amended judgment entered on an ex parte basis without notice to plaintiff is void.
Civil Procedure Apr. 1, 1999
In re Kacy S.
Courts have discretion to require urine tests for minors who are on probation.
Juveniles Apr. 1, 1999
Cathina W., a juvenile
'Non-appealable' order can be reviewed when juvenile court fails to give timely notice of procedures for relief.
Juveniles Apr. 1, 1999
In re Robert L.
Juvenile courts cannot extend jurisdiction beyond age of majority solely to provide special assistance.
Juveniles Apr. 1, 1999
Long v. City of Los Angeles
Action against city for recovery of personal property is exempt from Government Tort Claims Act.
Government Apr. 1, 1999
People v. Ortega
Convictions for both robbery and theft, during single carjacking, violates rule against lesser included offenses.
Criminal Law and Procedure Apr. 1, 1999
Federal Home Loan Mortgage Corporation v. La Conchita Ranch Company
Move to disqualify attorney is meritless when only a hypothetical conflict of interest exists.
Attorneys Apr. 1, 1999
Almalik S., a Minor
Custodial parent doesn't have standing to appeal juvenile delinquency decision.
Juveniles Apr. 1, 1999