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Name Category Published
Colacurcio v. City of Kent
Ordinance keeping nude caberet dancers ten feet from patrons is constitutional.
Civil Rights Mar. 1, 1999
City of Atascadero v. Merrill Lynch, Pierce, Fenner and Smith Inc.
Third parties actively participating in trust management can be sued by beneficiaries.
Probate and Trusts Mar. 1, 1999
People v. Garrett
Denial of a writ of habeas corpus is only reviewable by another writ petition for habeas corpus.
Criminal Law and Procedure Mar. 1, 1999
U.S. v. Arce-Hernandez
Bar to judicial review of final deportation hearing doesn't apply in collateral attack under Federal Statute.
Criminal Law and Procedure Mar. 1, 1999
The Charles Schwab Corp. and Includable Subsidiaries v. Commissioner of Internal Revenue
Order
Mar. 1, 1999
People v. Redic
Recent case finding no particularized suspicion is necessary to search parolees applies retroactively.
Criminal Law and Procedure Mar. 1, 1999
Gai v. City of Selma
Terminated police officer must demonstrate Personnel Commissioner had actual bias to be disqualified from hearing.
Administrative Agencies Mar. 1, 1999
Marriage of Rocha
Student loans are not considered income for purposes of setting child support.
Family Law Mar. 1, 1999
Canon U.S.A., Inc. v. Superior Court
Trial court should consider whether to accept a nationwide class in defective product suit at the pleading stage.
Torts Mar. 1, 1999
New Hampshire Insurance Co. v. Ridout Roofing Company Inc.
Insurers given the discretion to settle claims are entitled to reimbursement of deductible.
Insurance Mar. 1, 1999
Kennedy v. Cal Collagen Corp.
Lack of consensus in medical community and scientific studies doesn't warrant exclusion of expert testimony.
Torts Mar. 1, 1999
Marcus & Millichap Real Estate Investment Brokerage Company v. Hock Investment Company
Arbitration can't be compelled where purchase contract language indicates there isn't an agreement to arbitrate.
Real Property Mar. 1, 1999
Cabesuela v. Browning-Ferris Industries of California, Inc.
Employee may pursue common law remedy for termination based on retaliation for complaining about conditions.
Employment Law Mar. 1, 1999
Tusher v. Gabrielsen
Trial court properly imposed Preponderance of evidence standard of proof to establish existence of implied easement.
Real Property Mar. 1, 1999
Minnesota v. Carter
Defendants using apartment, not rented by them, for business purposes, don't have reasonable expectation of privacy.
Criminal Law and Procedure Mar. 1, 1999
Sangster v. Paetkau
Malicious prosecution action fails where probable cause exists in underlying causes of action of cross-complaint.
Torts Mar. 1, 1999
Johnson v. McMahan
California dog bite statute applicable to suit by bitee for dog bite where no actual flesh wound is suffered.
Torts Mar. 1, 1999
Mauro v. Arpaio
Order
Mar. 1, 1999
Bankruptcy of Weiner
Court must consider trustee's appraisal of property claimed as exempt prior to denying discharge for false oath.
Bankruptcy Mar. 1, 1999
Blue Mountains Biodiversity Project v. Blackwood
Forest Service must prepare environmental impact statement before awarding contracts to salvage burnt forest timber.
Environmental Law Mar. 1, 1999
San Diego Housing Commission v. Industrial Company
Insurer not liable to city housing authority for construction defects absent third party claims against city.
Insurance Mar. 1, 1999
Jefferson Cty., al v. Acker, Judge, et al.
Certiorari granted
Mar. 1, 1999
Schaefer's Ambulance Service v. County of San Bernardino
Ambulance service provider restricted to exclusive operating area assigned in County's emergency medical service plan.
Government Mar. 1, 1999
Mamika v. Barca
Penalties for not paying employee who quit within 72 hours are calculated on a daily basis, not workday basis.
Labor Law Mar. 1, 1999
People v. Perez
Deferred judgment and drug diversion statute's modification will only apply prospectively.
Criminal Law and Procedure Mar. 1, 1999
Joel v. Valley Surgical Center
Doctor not required to exhaust administrative remedies when further pursuit is futile.
Administrative Agencies Mar. 1, 1999
Grenada v. Hubbard, et al.
Order
Mar. 1, 1999
Ruhrgas AG v. Marathon Oil Co., et al.
Certiorari granted
Mar. 1, 1999
People v. Blake
Separate sentences for two drug transportation convictions proper when defendant had separate objectives.
Criminal Law and Procedure Mar. 1, 1999
Pala Band of Mission Indians v. County of San Diego
Environmental Impact Report not required under environmental statute for 'proposed' landfill sites.
Environmental Law Mar. 1, 1999