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Name Category Published
People v. Gutierrez
Specific intent to use syringe to inject drug isn't element for possessing paraphernalia in prison offense.
Criminal Law and Procedure Aug. 5, 1999
Velarde v. Pace Membership Warehouse Inc.
ERISA doesn't pre-empt contract breach action against employer based on 'stay on' letter promising bonus.
Employment Law Aug. 5, 1999
Burlington Northern Railroad Co. v. Wolf
District court cannot enjoin enforcement of tribal court's judgment before debtor exhausts tribal remedies.
Native American Affairs Aug. 5, 1999
Marriage of Biddle
Qui tam action filed prior to separation but still pending at dissolution is community property.
Family Law Aug. 5, 1999
Gonzales v. ABC Happy Realty Inc.
Statute permitting costs against party for unreasonable action also applies to unsuccessful, but not frivolous, appeal.
Civil Procedure Aug. 5, 1999
City of Vista v. Sutro & Co.
Finance director with power to execute agreements on city's behalf could bind city to arbitration agreement.
Civil Procedure Aug. 5, 1999
Greenawalt v. Stewart
Defendant facing execution fails to provide sufficient reason to avoid dismissal of successive petition.
Criminal Law and Procedure Aug. 5, 1999
U.S. v. Green
Government needs reasonable notice of sentencing court's downward departure intent beyond presentence report recommendations.
Criminal Law and Procedure Aug. 5, 1999
Coupar v. U.S Dept of Labor
Prisoner isn't 'employee' for whistleblower protection purposes under Clean Air and Toxic Substances Control Acts.
Labor Law Aug. 5, 1999
California CNG Inc. v. Southern California Gas Co.
California utility's subsidy of natural-gas vehicle fueling stations isn't state action immune from federal scrutiny.
Antitrust Aug. 5, 1999
Malone v. County of Kern Superior Court
Jurisdiction for conspiracy cases lies in any county in which any overt act tending to effect such conspiracy is committed.
Criminal Law and Procedure Aug. 4, 1999
In re Turner
Order
Aug. 4, 1999
Emerson Electric Co. v. Superior Court (Grayson)
Trial court has discretion to compel deponent to physically re-enact accident at videotaped deposition.
Civil Procedure Aug. 4, 1999
In re Bergeron
Court has power to grant discharge despite debtor's inability to attend creditors' meeting.
Bankruptcy Aug. 4, 1999
Arciniega v. Bank of San Bernardino N.A.
'Case within a case' doctrine bars further recovery for plaintiff after settling legal malpractice action.
Torts Aug. 4, 1999
People v. Sanders
Trial court's belief it lacked discretion to dismiss three strikes prior convictions necessitates resentencing.
Criminal Law and Procedure Aug. 4, 1999
People v. Lopez
Defendant must prove statute of limitations has run on crime of misappropriation of public funds.
Criminal Law and Procedure Aug. 4, 1999
Carlo v. City of Chino
Arrestee's state statutory right to post-booking telephone call creates liberty interest protected by due process.
Civil Rights Aug. 4, 1999
Allstate Insurance v. Shelton
'Relative' in policy doesn't include child of cohabitant, not married to or relative of insured.
Insurance Aug. 4, 1999
U.S. v. LaFromboise
No double jeopardy in consecutive sentences for carrying firearm during drug crime and possessing unregistered firearm.
Criminal Law and Procedure Aug. 4, 1999
The Stars' Desert Inn Hotel & Country Club Inc. v. Hwang
Foreign citizen's repeated failure to obey deposition and sanctions order supports default money judgment sanction.
Civil Procedure Aug. 4, 1999
Mockaitis v. Harcleroad
Seizure of recording of inmate's confession to priest violates Fourth Amendment and statutory rights.
Civil Rights Aug. 4, 1999
U.S. v. Ortega-Reyes
Court's reference to robbery sentencing guideline bars use of kidnapping guideline's reduction for victim release.
Criminal Law and Procedure Aug. 4, 1999
U.S. v. Littlefield
Defendant implicitly waives statute of limitations claim on appeal by pleading guilty pursuant to agreement.
Criminal Law and Procedure Aug. 4, 1999
People v. Pecci
Probation for defendants convicted of filming sexual conduct with a minor for noncommerical purposes is prohibited.
Criminal Law and Procedure Aug. 4, 1999
Seacall Development Ltd. v. Santa Monica Rent Control Board
Attorney's negligence isn't imputed to client where attorney's abandonment outweighs client's conduct, no prejudice to defendant exists, and dismissal is discretionary.
Civil Procedure Aug. 4, 1999
Sunset Drive Corp. v. City of Redlands
Writ of mandate is an appropriate method to compel city to complete statutorily required environmental impact report.
Environmental Law Aug. 4, 1999
People v. Grant
Conviction stands if only one of three required acts of continuous molestation occurs after statute enacted.
Criminal Law and Procedure Aug. 4, 1999
Zubrick v. Ford
Statute violation presumption creates of duty of care that isn't pre-empted by assumption of Risk.
Torts Aug. 4, 1999
People v. Whitson
Review granted
Aug. 4, 1999