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Name Category Published
Peters v. Saunders
Cross-complaint is dismissed under SLAPP statute but action for defamation and unfair competition can proceed.
Torts Jul. 29, 1999
People v. McKinney
Prosecution of robbery charge is barred after charge has been dismissed twice.
Criminal Law and Procedure Jul. 29, 1999
People v. Allen
Trial court's failure to show it had discretion to strike prior felony allegation requires remand.
Criminal Law and Procedure Jul. 29, 1999
People v. Martinez
Convictions for terrorist threats are supported by defendant's words and surrounding circumstances.
Criminal Law and Procedure Jul. 29, 1999
The State Bar of California Standing Committee on Professional Responsibility and Conduct Formal Opinion No. 1999-153
Counsel may represent both close corporation and its president-shareholder in suit brought by only other shareholder, provided informed consent is obtained.
Attorneys Jul. 29, 1999
People v. Lloyd
Dismissal of defendant's appeal of sentence after pleading no contest to charges is error.
Criminal Law and Procedure Jul. 28, 1999
People v. Eubanks
Victim's financial assistance to prosecutor's office may disqualify district attorney from case.
Criminal Law and Procedure Jul. 28, 1999
People v. Guevara
Order
Jul. 28, 1999
People v. Callahan
Order
Jul. 28, 1999
Marriage of Shelstead
Order
Jul. 28, 1999
In re Extradition of Kirby
Jurisdiction exists to consider government's appeal from bail grant for special circumstances in extradition case.
Criminal Law and Procedure Jul. 28, 1999
Denver, Co v. C. Kelly Carpenter, et al.
Order
Jul. 28, 1999
Dunn v. Commodity Futures Trading Commission
Treasury Amendment exempts Commodity Futures Trading Commission from regulating off-exchange trading in foreign currency.
Securities Jul. 28, 1999
U.S. v. Wells
Materiality of falsehood isn't element of crime of knowingly making false statements to federally-insured bank.
Criminal Law and Procedure Jul. 28, 1999
Little Company of Mary Hospital v. Belshe
Three-year period to audit hospital reports doesn't bar late recoupment of Medi-Cal payments.
Administrative Agencies Jul. 28, 1999
People v. Mayfield
Defendant's deliberate killing of peace officer warrants upholding murder conviction and death sentence.
Criminal Law and Procedure Jul. 28, 1999
State Farm Fire and Casualty Co. v. East Bay Municipal Utility District
Paying claim that could have been denied as excluded doesn't bar insurer from obtaining subrogation.
Insurance Jul. 28, 1999
People v. Mosley
Trial court is presumed to know the applicable law allowing discretion to strike prior felony.
Criminal Law and Procedure Jul. 28, 1999
Bernardi v. City Council of the City of Los Angeles
Court lacks jurisdiction to modify stipulated judgment validating redevelopment plan with certain fiscal and time limitations.
Government Jul. 28, 1999
Water Quality Association v. City of Escondido
Municipality's ban on water softeners is void due to conflict with state statutory scheme.
Government Jul. 28, 1999
Mercy Hospital and Medical Center v. Farmers Insurance Group of Companies
Hospital can satisfy lien amount from 50 percent of patient's recovery from tortfeasor or tortfeasor's insurer.
Torts Jul. 28, 1999
People v. Fine
Statute of limitations for offenses involving securities fraud is tolled by Penal Code 'discovery rule.'
Criminal Law and Procedure Jul. 28, 1999
California Department of Corrections v. Office of Administrative Hearings (Anthony)
Administrative law judge can appoint psychiatric expert to assist inmate at involuntary medication hearing.
Criminal Law and Procedure Jul. 28, 1999
First Estate Bank of Nevada v. United States
Supreme Court's decision bars tolling limitation period for refund based on taxpayer's incompetence before death.
Taxation Jul. 28, 1999
Moore Jr. v. Calderon
Order
Jul. 28, 1999
Bankruptcy of Kennedy
Bankruptcy court can enter monetary judgment on state law claim while making dischargeability determination.
Bankruptcy Jul. 28, 1999
Smoot v. The City of Placentia
Proof standard for claim of loss of child's companionship is 'deliberate indifference or reckless disregard.'
Civil Rights Jul. 28, 1999
Bornstein v. J.C. Penney Life Insurance Co.
Death following surgery creates factual issue if insurance policy is silent on definition of 'accident.'
Insurance Jul. 28, 1999
People v. Ortiz
Non-profit trade association, representing direct victims of defendant's crime, is awarded restitution.
Criminal Law and Procedure Jul. 28, 1999
Ruttenberg v. Ruttenberg
Heir of decedent not joined in wrongful death suit has action for damages against filing heirs.
Torts Jul. 28, 1999