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Name Category Published
People v. Hernandez
Hearsay exception regarding threats of harm involves sufficient indicia of reliability to be constitutional.
Criminal Law and Procedure Mar. 12, 1999
People v. Hatch
Court's prior Section 1385 dismissal constitutes an implied acquittal, barring any new filing against defendant.
Criminal Law and Procedure Mar. 12, 1999
Stirling v. Jones
Order
Mar. 12, 1999
Keulen v. WCAB
New, undisputed medical evidence rebuts presumption that original treating physician's evaluation was correct.
Workers' Compensation Mar. 12, 1999
Aydin Corp. v. First State Insurance Co.
Insured has burden of proving occurrence giving rise to pollution claim was 'sudden and accidental.'
Insurance Mar. 12, 1999
Magnum v. Superior Court (People)
Order
Mar. 12, 1999
O'Connor v. Madera County Superior Court (People)
Good faith exception applies to requirement that warrant be issued by neutral and detached magistrate.
Criminal Law and Procedure Mar. 12, 1999
People v. Sims
Defendant using prior felony conviction to impeach prosecution witness can't introduce evidence of crime's details.
Criminal Law and Procedure Mar. 12, 1999
Kessel v. Leavitt
West Virginia judgment for wrongful interference with parental rights is entitled to full faith and credit.
Family Law Mar. 12, 1999
People v. Ingram
'Return' of unpurchased merchandise for refund isn't theft where store knew of pretense before refunding money.
Criminal Law and Procedure Mar. 12, 1999
United Services Automobile Association v. Superior Court (Riley)
Order
Mar. 12, 1999
People v. Fernandez
Order
Mar. 12, 1999
Carter v. Holiday Ice Skating Center
Defendant's duty to provide appropriate rental equipment renders primary assumption of risk doctrine inapplicable.
Torts Mar. 12, 1999
Gold Coast Hotel & Casino v. United States
Casino using accrual method may deduct value of 'points' when players reach levels required for prizes.
Taxation Mar. 12, 1999
U.S. v. James
Order
Mar. 12, 1999
Cabrera v. City of Huntington Park
Statute of limitations for civil rights claims begins to run on day after claimant is released from custody.
Civil Rights Mar. 12, 1999
MRT Construction Inc. v. Hardrives Inc.
Subcontractor isn't entitled to share of interest awarded to government contractor under Contract Disputes Act.
Government Mar. 12, 1999
People v. Duran
Defendant convicted of attempted murder receives conduct credit for only 15 percent of pre-sentencing incarceration time.
Criminal Law and Procedure Mar. 12, 1999
Marriage of Kelso
New judge can't rely on findings made by commissioner after he recused himself from dissolution action.
Family Law Mar. 12, 1999
Smith Kandal Real Estate v. Continental Casualty Co.
Insurer must defend broker who represented buyer and seller, where policy only excluded selling agent.
Insurance Mar. 12, 1999
North Shuttle Service Inc. v. California Public Utilities Commission
Loss of asset value and revenue isn't sufficient to show irreparable damage from loss of operating permission.
Administrative Agencies Mar. 12, 1999
Bankruptcy of Branam
Prepetition tort judgment has preclusive effect in nondischargeability action for willful and malicious injury.
Bankruptcy Mar. 12, 1999
Bankruptcy of Stoneking
Debtor may avoid lien that was 'fixed' on community property homestead prior to taking sole title by divorce decree.
Bankruptcy Mar. 12, 1999
Cigna Property and Casualty Insurance Co. v. Polaris Pictures Corp.
Failure to disclose material fact of principal's claim history warrants rescission of marine insurance policy.
Insurance Mar. 12, 1999
Donnelly v. Glickman
Male employees can't intervene in female employees' suit alleging hostile work environment gender discrimination.
Civil Rights Mar. 12, 1999
U.S. v. Akintobi
Using stolen credit card for cash advance and paying balance with fraudulent check is money laundering.
Criminal Law and Procedure Mar. 12, 1999
Obregon v. Superior Court (Cimm's Inc.)
Court must determine appropriate remedy if reasonable efforts weren't used to resolve discovery dispute.
Employment Law Mar. 12, 1999
Meister v. Regents of the University of California
Trial court properly ties attorney fees to hours effectively spent by attorneys.
Torts Mar. 12, 1999
U.S. v. Garcia-Guizar
Cash is subject to forfeiture only to extent government proves it is proceeds of drug transactions.
Criminal Law and Procedure Mar. 12, 1999
Korablina v. INS
Victim of repeated beatings and severe harassment due to religion has well-founded fear of persecution.
Immigration Mar. 12, 1999