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Name Category Published
People v. Martinez
Order
Aug. 13, 1999
People v. Graham
Defendant isn't entitled to have prior juvenile adjudication stricken under three strikes law.
Criminal Law and Procedure Aug. 12, 1999
State v. Galati (Petersen)
Trial court may not bifurcate trial by withholding guilty plea or stipulation to prior convictions that are elements of charged offense.
Criminal Law and Procedure Aug. 11, 1999
Motorola Inc. v. Arizona Dept. of Revenue
Purchases of overhead items for federal contractors can't be characterized as 'indirect costs' for use-tax purposes.
Taxation Aug. 11, 1999
Maclean v. State of Arizona (Dept. of Education)
Woman with asthma who presented evidence of employer's failure to accommodate and retaliation raised triable issue under the Americans with Disabilities Act.
Employment Law Aug. 11, 1999
Wayne Cook Enterprises Inc. v. Fain Properties Limited Partnership
Dismissal of action for untimely disclosure is warranted only where party, as opposed to party's attorney, bears some blame.
Civil Procedure Aug. 11, 1999
State v. Thomas
Trial court is precluded from sentencing nonviolent offender to prison for probation violation.
Criminal Law and Procedure Aug. 11, 1999
People v. Hardy
Sentence of life without possibility of parole must be doubled for second-strike defendant.
Criminal Law and Procedure Aug. 11, 1999
Jebbia v. State Bar
Amendment to statute, providing summary disbarment for criminal convictions, may not be applied to an attorney who committed the crimes before the amendment.
Attorneys Aug. 11, 1999
Phillips v. State Bar
Statute providing for automatic inactive enrollment after state bar judge recommends disbarment may not be applied retroactively.
Attorneys Aug. 11, 1999
People v. Morante
Defendant's State-Based Orchestration of Drug Trafficking Establishes Jurisdiction But Conspiracy Conviction Conflicts With Law.
Criminal Law and Procedure Aug. 10, 1999
Foster-Gardner, Inc. v. National Union Fire Insurance Company of Pittsburgh
Proceedings Commenced By Issuance of Determination and Order Do Not Constitute 'Suit.'
Insurance Aug. 10, 1999
Hicks v. Pacific Bell
No breach of implied convenant of good faith where employer makes good faith determination misconduct occurred.
Employment Law Aug. 10, 1999
People v. Taylor
Accepted cure of error by court in disallowing defense peremptory challenges waives new venire right.
Criminal Law and Procedure Aug. 10, 1999
People v. Guiuan
Court has sua sponte duty to tailor accomplice instruction relating only to testimony favorable to prosecution.
Criminal Law and Procedure Aug. 10, 1999
Estate of Condon
Out-of-state attorney, who is not licensed in california, isn't prohibited from receiving attorney fees.
Probate and Trusts Aug. 10, 1999
Estate of Joseph
Claimant isn't entitled to interstate distribution as decedent's child without adoption by decedent.
Probate and Trusts Aug. 10, 1999
Andreacchi v. The Price Co.
Amendments to the fair employment and housing act don't change workers' compensation law's exclusivity provisions.
Workers' Compensation Aug. 10, 1999
People v. Tillis
Prosecutor's failure to provide discovery of defense expert's arrest for drug use is harmless error.
Criminal Law and Procedure Aug. 10, 1999
Valley Medical Transport Inc. v. Apple Valley Fire Protection District
Fire district is estopped from assorting right to resume as jurisdiction's exclusive ambulance services provider.
Government Aug. 10, 1999
Cuadra v. Bradshaw
Statute of limitations for administrative claim involving wage dispute is tolled on date.
Labor Law Aug. 10, 1999
Janas v. McCracken
Circumstantial evidence of deliberate misconduct must be factually pleaded in detail to prevail under Private Securities Litigation Reform Act.
Securities Aug. 10, 1999
Thomas F. Casey, III County Counsel County of San Mateo
County recorder can't accept notice of disclosure document for recordation that gives notice of proximity of airport, power lines, and other problems for specified real property.
Real Property Aug. 9, 1999
U.S. v. Doe
Law requiring parental notification of juvenile's arrest doesn't apply to juveniles held by tribal authorities.
Criminal Law and Procedure Aug. 9, 1999
Borja v. INS
Attack against alien by homeland insurgents, which was partially for economic reasons, doesn't precluded grant of asylum based on political persecution.
Immigration Aug. 6, 1999
U.S. v. Hanousek
The government doesn't have to prove criminal negligence in violation of Clean Water Act, only "ordinary' negligence is required.
Criminal Law and Procedure Aug. 6, 1999
Wehrli v. County of Orange
State administrative decision, made without record, on employee's wrongful discharge claim doesn't have preclusive effect on employee's federal suit.
Employment Law Aug. 6, 1999
Kearney v. Standard Insurance Co.
In ERISA disability benefits claim, district court needn't consider new evidence if it could have been provided earlier and record is sufficient to permit adequate de novo review.
Insurance Aug. 6, 1999
Marshak v. Ballesteros
In legal malpractice action, client must show that he would have received better result if attorney had recommended rejection of settlement offer.
Attorneys Aug. 6, 1999
U.S. v. Kim
Additional jury instruction corrects erroneous instruction on entrapment stating defendant guilty if he was willing to commit crime before government contact.
Criminal Law and Procedure Aug. 6, 1999