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Name Category Published
Wharton v. Calderon
In federal habeas action, warden cannot be barred from interviewing potential witnesses outside deposition setting.
Criminal Law and Procedure Jun. 7, 1999
Amvest Mortgage Corporation v. Antt
Commissioner cannot suspend license of broker where offending officer has been disassociated from the corporation.
Administrative Agencies Jun. 7, 1999
People v. Gontiz
Defendant is permitted to withdraw guilty plea if not properly advised of all possible immigration consequences.
Criminal Law and Procedure Jun. 7, 1999
People v. Silvey
Defendant committing manslaughter against 'intruder' at friend's house isn't entitled to defense of habitation instruction.
Criminal Law and Procedure Jun. 7, 1999
Blake v. City of Port Hueneme
Special assessments against real property which don't provide special benefits to homeowners are invalid.
Taxation Jun. 7, 1999
People v. Spry
Jury isn't instructed correctly on magnitude of defendant's burden of proving affirmative defense.
Criminal Law and Procedure Jun. 7, 1999
Grahn v. Tosco Corp.
Hirer of independent contractor can be liable for asbestos injury to employee of contractor.
Torts Jun. 7, 1999
Bonagua v. Owens Corning Fiberglass Corp.
Order
Jun. 7, 1999
Peterson v. Owens Corning Fiberglass Corp.
Order
Jun. 7, 1999
Bankruptcy of Bertain
No adversary proceeding dismissal if period for serving complaint is tolled and good cause exists.
Bankruptcy Jun. 7, 1999
Bankruptcy of Lee
Trust deed's inclusion of personal property collateral did not allow plan modification of secured claim.
Bankruptcy Jun. 7, 1999
Bankruptcy of Schmitt
Revocable trust is not estate property and missing trust documents don't preclude settlement approval.
Bankruptcy Jun. 7, 1999
Bankruptcy of Elias
No jurisdiction over bankruptcy attorney's employment and compensation issues after dismissal of case.
Bankruptcy Jun. 7, 1999
Delaney v. Baker
Damages for pain and suffering are permissible under Elder Abuse and Dependent Adult Civil Protection Act.
Torts Jun. 7, 1999
Gerlaugh v. Stewart
Defense attorney isn't ineffective per se for not arguing against death penalty at sentencing hearing.
Criminal Law and Procedure Jun. 7, 1999
Henry v. The County of Shasta
Post-event evidence is admissible to prove municipal policy or custom of unconstitutional treatment of arrestees.
Civil Rights Jun. 7, 1999
Enron Oil Trading & Transportation Co. v. Walbrook Insurance Co. Ltd.
Pollution exclusion doesn't apply to losses from addition of foreign substance to crude oil through pipeline.
Insurance Jun. 7, 1999
State Farm Fire & Casualty Company v. Century Indemnity Company
Insurer of school district doesn't have duty to defend teacher accused of sexually molesting students.
Insurance Jun. 7, 1999
Bloom v. Calderon
Ineffective assistance of counsel results from not providing psychiatrist available evidence of defendant's mental illness.
Criminal Law and Procedure Jun. 7, 1999
Mitchell v. County of Los Angeles
County's valuation of property for tax purposes must involve an analysis based on comparable sales.
Taxation Jun. 7, 1999
Dole Citrus v. State of California
Insufficient evidence is presented for state to lose design immunity protection due to changed circumstances.
Torts Jun. 7, 1999
Caro v. Smith
Sanctions are imposed on attorneys who agree to binding arbitration and then appeal the award.
Torts Jun. 7, 1999
People v. Chevalier
Verdict for drug conspiracy weight allegation doesn't require substantial involvement in the underlying offense element.
Criminal Law and Procedure Jun. 7, 1999
Marques v. Telles Ranch Inc.
Under WARN, seasonal agricultural workers suffer 'employment loss' at earliest time they could expect recall.
Labor Law Jun. 7, 1999
U.S. v. Johnson
In transporting minor for criminal sexual activity, 'intent' element applies to sexual conduct, not transporting victim.
Criminal Law and Procedure Jun. 7, 1999
United States v. Apex Oil Co. Inc.
Oil constituents aren't covered under federal law barring cargo-related oil residue discharge at sea.
Environmental Law Jun. 7, 1999
Marriage of Schulze
Family support order taking over 83 percent of non-custodial parent's after-tax income is error.
Family Law Jun. 7, 1999
Industrial Indemnity Co. v. WCAB
California Insurance Guarantee Association isn't liable for employee's cumulative injuries where other insurers are adjudicated liable.
Workers' Compensation Jun. 7, 1999
People v. Dawson
Felony murder jury instruction is sufficient when prosecutor relies on 'natural and probable consequences' doctrine.
Criminal Law and Procedure Jun. 7, 1999
Snyder v. United States Fidelity & Guaranty Co.
Absent court order of release, surety is liable for embezzlement losses from guardianship estate.
Probate and Trusts Jun. 7, 1999