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Name Category Published
Stationary Engineers Local 39 v. County of Sacramento
Civil Service awarding preference points to lower-scoring employees in open examination violates county charter. 		Labor Law Jun. 4, 1999
Baldwin v. Home Savings of America
Reconsideration motion based on 'different law' must satisfy diligence requirement showing why information not presented earlier. 		Civil Procedure Jun. 4, 1999
Bankruptcy of Kim
In Chapter 13 reorganization, value of business equipment is determined 'on location' if debtor continues operating. 		Bankruptcy Jun. 4, 1999
Tanis H., a Minor
Father must physically receive child into his home to satisfy requirements for 'presumed father' status. 		Juveniles Jun. 4, 1999
Rash v. Lungren
Individual with misdemeanor conviction for assault with firearm can be permanently banned from possessing weapon. 		Criminal Law and Procedure Jun. 4, 1999
Teaman v. Wilkinson
Creditors cannot force sale of homestead to satisfy judgment lien if surplus equity later accrues. 		Real Property Jun. 4, 1999
People v. Thompson
After pleading guilty to prior allegations, failure to admit they were serious isn't grounds for dismissal. 		Criminal Law and Procedure Jun. 4, 1999
SEC v. Colello
SEC can recover from nominal non-party defendant where money was obtained by fraud. 		Securities Jun. 4, 1999
U.S. v. Perez
Loading gun constitutes 'active employment' of firearm in crime of using firearm during drug trafficking. 		Criminal Law and Procedure Jun. 4, 1999
Lapine Technology Corp. v. Kyocera Corp.
If parties agree, federal court can expand review of arbitration award beyond Federal Arbitration Act grounds. 		Civil Procedure Jun. 4, 1999
Naas v. Stolman
Under Fair Debt Collection Act, debtor's tort claim, after creditor's suit, accrues when underlying action filed. 		Torts Jun. 4, 1999
City & County of San Francisco v. United States
Timeliness of government-contract bid protest is determined by when protester becomes aware of competitor's participation. 		Government Jun. 4, 1999
U.S. v. Houser
In federal homicide prosecution, absent mitigating circumstances, malice aforethought can be inferred from deadly weapon use. 		Criminal Law and Procedure Jun. 4, 1999
Ford v. St. Joseph's Omni Preferred Care Inc.
ERISA doesn't pre-empt employer's state contract claim against benefits plan administrator for not seeking reimbursement. 		Labor Law Jun. 4, 1999
U.S. v. Johnson
Federal sentencing guideline for embezzlement that 'affects' a financial institution is not unconstitutionally vague. 		Criminal Law and Procedure Jun. 4, 1999
U.S. v. Cyphers
To enhance defendant's sentence for leadership role, supervised persons need not have participated in conviction offense. 		Criminal Law and Procedure Jun. 4, 1999
People v. Landa
Court must hold in camera hearing to determine admissibility of officer's testimony once he claims privilege. 		Criminal Law and Procedure Jun. 4, 1999
People v. Mendoza
Where two offenses are incidental to one objective the second conviction's sentence must be stayed. 		Criminal Law and Procedure Jun. 4, 1999
McColm v. Westwood Park Association
Vexatious litigant is properly ordered to post undertaking as condition to proceeding with appeal. 		Civil Procedure Jun. 4, 1999
Voinovich v. Women's Medical Professional Corp.
Order 		Jun. 4, 1999
Grossmont Hospital v. WCAB
Wage increases scheduled or reasonably anticipated at time of injury are factors in determining earning capacity. 		Workers' Compensation Jun. 4, 1999
Arron C., a Minor
Evidence seized unconstitutionally is admissible if officer's reliance on incorrect information from probation officer is reasonable. 		Juveniles Jun. 4, 1999
People v. Olea
Defendant needn't register as sex offender where registration not included as part of plea bargain. 		Criminal Law and Procedure Jun. 4, 1999
Knight v. Kenai Peninsula Borough School District
Non-union members aren't required to exhaust union remedies before suing to challenge chargeability of agency fee. 		Labor Law Jun. 4, 1999
Neal v. Shimoda
Parole eligibility can be predicated on completing sex-offender treatment program enacted after underlying offense. 		Criminal Law and Procedure Jun. 4, 1999
Jerron West Inc. v. State of California State Board of Equalization
Tax Injunction Act divests court's jurisdiction in action to enjoin tax proceedings during related criminal case. 		Taxation Jun. 4, 1999
U.S. v. Albers
Houseboat falls within vehicle exception to Fourth Amendment's warrant requirement. 		Criminal Law and Procedure Jun. 4, 1999
Estate of Rapp v. Commissioner of Internal Revenue
Reformation of will creating qualified terminable interest property trust lacks binding effect to determine federal taxes. 		Taxation Jun. 4, 1999
Professional Engineers in California Government v. Wilson
Use of funds from State Highway Account as reimbursement for rail bond payments is proper. 		Government Jun. 4, 1999
Rinaker v. Superior Court (People)
Confidentiality provision yields to minor's constitutional right to effective impeachment of adverse witnesses. 		Juveniles Jun. 4, 1999
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