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Name Category Published
U.S. v. Klinger
Plain error review when defendant offers jury instruction without objecting to government's incorrect competing instruction.
Criminal Law and Procedure Jun. 10, 1999
U.S. v. Bighead
Government expert can testify on general characteristics of abused children after interviewing many alleged victims.
Criminal Law and Procedure Jun. 10, 1999
City of San Bernardino Hotel/Motel Association v. City of San Bernardino
City of San Bernardino's transient occupancy tax ordinance is void for vagueness.
Taxation Jun. 10, 1999
Marriage of Plescia
Husband isn't required to pay spousal support arrears due to equitable doctrine of laches.
Family Law Jun. 10, 1999
Runnion v. WCAB
Appeals Board's sanctions order against attorney for failure to appear is correct, but contempt order is not.
Workers' Compensation Jun. 10, 1999
NLRB v. The Bakersfield Californian
NLRB has statutory authority to issue investigative subpoenas to non-parties in unfair labor practices investigation.
Labor Law Jun. 10, 1999
Jerry M., a Minor
11-year-old isn't guilty of lewdly touching girls since intent to sexually arose not shown.
Juveniles Jun. 10, 1999
Garcia v. Hejmadi
Summary judgment isn't reconsidered without circumstances permitting vacation of original order.
Civil Procedure Jun. 10, 1999
Marques v. Bank of America
Employee's wrongful discharge claim based on unlawful discrimination is not pre-empted by National Bank Act.
Employment Law Jun. 10, 1999
West v. Superior Court (Lockrem))
Courts lack jurisdiction to entertain a non-parent's petition to establish parental rights to custody.
Family Law Jun. 10, 1999
Martin v. WCAB (Hughes Aircraft Co.)
Statements of independent witness employee don't become privileged simply because given in anticipation of litigation.
Workers' Compensation Jun. 10, 1999
Steele v. Jensen Instrument Co.
Employer is entitled to costs in pregnancy discrimination action when award doesn't exceed offer of compromise.
Employment Law Jun. 10, 1999
Bickel v. City of Piedmont
Permit Streamlining Act doesn't prohibit development project applicant from waiving time limits for agency decision.
Real Property Jun. 10, 1999
Scottsdale Insurance Co. v. Superior Court (Spyglass Homeowners Assoc.)
Party waives objection to production of documents under attorney-client privilege by not expressly stating it.
Civil Procedure Jun. 10, 1999
Planned Parenthood of Southern Arizona v. Neely
Successful challengers of state abortion law cannot supplement complaint after judgment to attack amended statute.
Civil Procedure Jun. 10, 1999
Santa Margarita Water District v. Connell
Water districts aren't entitled to reimbursement for state-mandated costs due to their authority to levy fees.
Government Jun. 10, 1999
Mercury Casualty Co. v. Hertz Corp.
Rental car driver's insurance company is primary insurer over rental company in accident with third party.
Insurance Jun. 10, 1999
People v. Little
Defendant is entitled to new trial for government's failure to disclose material witness's felony conviction.
Criminal Law and Procedure Jun. 10, 1999
Hyland v. Wonder
Amended opinion
Employment Law Jun. 10, 1999
People v. Hansen
Encouraging victim to play Russian roulette is sufficient to establish felony child endangerment.
Criminal Law and Procedure Jun. 10, 1999
People v. Griggs
Juvenile adjudication for residential burglary qualifies as strike under the three strikes law.
Criminal Law and Procedure Jun. 10, 1999
Bates v. Jones
Order
Jun. 10, 1999
California Coastal Commission v. Buckley
Coastal Commission loses jurisdiction over development of lot after placing it within single-family residence construction area.
Administrative Agencies Jun. 10, 1999
Jones v. Bates
Lifetime term limits on service in state legislative offices are invalid due to inadequate ballot measure.
Government Jun. 10, 1999
U.S. v. Stein
$6.3 million loss to victims doesn't substantially exceed $5 million level to justify upward sentencing departure.
Criminal Law and Procedure Jun. 10, 1999
U.S. v. Otis
Conspiracy to launder money isn't lesser included offense of aiding/abetting conspiracy to distribute.
Criminal Law and Procedure Jun. 10, 1999
Saidane v. Immigration and Naturalization Service
Use of available witness's damaging affidavit instead of compelled testimony violates alien's right to fair hearing.
Immigration Jun. 10, 1999
U.S. v. Cain
Defense attorney's subscription to joint jury instructions waives error of misdefinition of element of charged offense.
Criminal Law and Procedure Jun. 10, 1999
Wood v. Hall
State parolee who fled while appeal pending cannot raise habeas claim absent cause and prejudice.
Criminal Law and Procedure Jun. 10, 1999
Grisby v. Blodgett
Habeas petition cannot be denied based on evidence of bias by victim and improper sentencing scheme.
Criminal Law and Procedure Jun. 10, 1999