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Name Category Published
Marriage of deRoque
Court's modification of custody order, rejecting expert's recommendation, was nonetheless proper because it was designed to serve child's best interests.
Family Law Oct. 22, 1999
The Unabom Trial Media Coalition v. U.S. District Court (United States)
Guilty plea by defendant moots petition by news media to compel release of juror information in high-profile case that was closed in pretrial proceeding.
Criminal Law and Procedure Oct. 22, 1999
Meek v. County of Riverside
Judges aren't absolutely immune for firing a subordinate judicial employee because it's an administrative, rather than adjudicative, act.
Judges Oct. 22, 1999
Yang v. State of California Dept. of Social Services
Non-citizen veterans may not receive retroactive payment for welfare benefits that were taken away by Congress but later restored.
Government Oct. 22, 1999
U.S. v. Lara-Aceves
When prior administrative deportation order is element of an offense, defendant bears burden to demonstrate due process violation at underlying hearing.
Criminal Law and Procedure Oct. 22, 1999
Nino v. Galaza
Attempting to exhaust state court remedies after death-penalty conviction tolls one-year limitation on federal habeas corpus relief.
Criminal Law and Procedure Oct. 22, 1999
Radio Television Espanola S.A. v. New World Entertainment Ltd.
Licensing of copyrighted audiovisual work requires a written contract signed by the copyright owner.
Intellectual Property Oct. 22, 1999
Matter of the Requested Extradition of Kevin John Artt
Order
Oct. 22, 1999
Janas v. McCracken
Circumstantial evidence of deliberate misconduct must be factually pleaded in detail to prevail under Private Securities Litigation Reform Act.
Securities Oct. 22, 1999
People ex rel. Lockyer v. Shamrock Foods Co.
California law allows sale of milk not meeting state standards so long as it is labeled according to federal law.
Administrative Agencies Oct. 22, 1999
People v. Montes
Use of a thick chain in a manner intended to cause maximum injury constitutes assault with a deadly weapon.
Criminal Law and Procedure Oct. 22, 1999
Kleitman v. Superior Court (Wesley)
Court can't compel city council members to disclose personal recollections of closed city council meeting even if Brown Act violation alleged.
Government Oct. 22, 1999
Carlos G., a Minor
Dependency court needn't apply Indian Child Welfare Act after notices sent to tribes yield only replies that minor isn't child under Act.
Juveniles Oct. 22, 1999
People v. American Contractors Indemnity
Surety's motion to set aside bail forfeiture, on the ground that defendant was located in another country, requires 15 days notice.
Criminal Law and Procedure Oct. 22, 1999
In re Kirk
Trial court improperly considers noncertified psychological evaluations in making Sexually Violent Predator determination.
Criminal Law and Procedure Oct. 22, 1999
Marriage of Campbell
Extrinsic evidence offered to prove that oral transmutation occurred between spouses regarding real property is precluded by Family Code.
Family Law Oct. 22, 1999
Paterno v. State of California
Inverse condemnation judgment awarded on erroneous legal theory and inaccurate law isn't proper and warrants a retrial.
Real Property Oct. 22, 1999
People v. Soto
Trial court lacks discretion to reduce sentence from first-degree murder to voluntary manslaughter when evidence could not support manslaughter conviction.
Criminal Law and Procedure Oct. 22, 1999
Lagatree v. Luce, Forward, Hamilton & Scripps
Termination of employee who refuses to sign predispute arbitration agreement regarding work-related disputes doesn't violate public policy.
Employment Law Oct. 22, 1999
People v. Pena
Firearm inside a toolbox in the bed of a pickup truck is not in 'immediate personal possession' of driver.
Criminal Law and Procedure Oct. 22, 1999
People v. Buffington
No equal protection violation exists in evidentiary standards or psychological treatment under Sexually Violent Predators Act.
Criminal Law and Procedure Oct. 22, 1999
County of Los Angeles v. Taylor Billingslea Bail Bonds
Trial court may extend period to vacate bond forfeiture only for total of 180 days.
Criminal Law and Procedure Oct. 22, 1999
Auerbach v. Great Western Bank
Continuation of pre-existing duty isn't injury for fraud purposes.
Torts Oct. 22, 1999
Saret-Cook v. Gilbert, Kelly, Crowley & Jennett
Rescission is unavailable where substantial delay by rescinding party results in prejudice to opposing party.
Contracts Oct. 22, 1999
Eisenberg v. Alameda Newspaper Inc.
Statements in newspaper retraction aren't defamatory as a matter of law, and newspaper can't assert 'litigation privilege' to avoid potential lawsuit.
Torts Oct. 22, 1999
People v. Valenzuela
Pretextual stop of taxicab, ostensibly done to inspect it pursuant to a city ordinance, violates the Fourth Amendment.
Criminal Law and Procedure Oct. 22, 1999
People v. Smithey
Repeated questioning of defendant's psychiatric expert as to whether defendant had the requisite intent did not amount to prosecutorial misconduct.
Criminal Law and Procedure Oct. 22, 1999
Southern Pacific Transportation Co. v. Santa Fe Pacific Pipelines Inc.
Provision setting determination of rent increase by fair market value requires trial court to consider extrinsic evidence of exact method of valuation.
Contracts Oct. 22, 1999
Fontana Police Dept. v. Villegas-Banuelos
Party receiving unedited tapes of conversations between law enforcement agencies only after police's protective order was denied, is entitled to attorney fees.
Government Oct. 22, 1999
Maxconn Inc. v. Truck Insurance Exchange
Patent infringement isn't advertising injury, as defined as 'infringement of copyright, title, or slogan,' for duty-to-defend purposes.
Insurance Oct. 22, 1999