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Name Category Published
Ludwig v. City of San Diego
City traffic engineer owes no duty to worker injured in collapsing trench because incident wasn't foreseeable. 		Torts Apr. 1, 1999
People v. Andrews
No denial of equal protection where a county complies more strictly with three strikes law than another county would. 		Criminal Law and Procedure Apr. 1, 1999
People v. Craig
Threat contingent upon future event is crime if there's apparent ability to carry out the threat. 		Criminal Law and Procedure Apr. 1, 1999
Damian v. Tamondong
Defendant in voluntarily dismissed deficiency action under Rees-Levering Act may be entitled to attorney fees. 		Contracts Apr. 1, 1999
Pacific Trends Lamp & Lighting Products Inc. v. J. White Inc.
Orange County court rule imposing sanctions conflicts with statutory requirements of motion for new trial. 		Civil Procedure Apr. 1, 1999
U.S. v. Stoddard
Person convicted of defrauding bank needn't pay restitution for value of diverted business opportunity. 		Criminal Law and Procedure Apr. 1, 1999
U.S. v. Morfin
Erroneous jury instruction not challenged at trial doesn't require reversal if evidence of guilt was overwhelming. 		Criminal Law and Procedure Apr. 1, 1999
Minidoka Irrigation District v. Dept. of the Interior
Bureau of Reclamation doesn't repudiate contract by claiming no funds are due to irrigation district. 		Government Apr. 1, 1999
Babbitt v. Calderon
Counsel isn't ineffective due to use of experts rather than lay witnesses to explain post-traumatic stress disorder. 		Criminal Law and Procedure Apr. 1, 1999
People v. Davis
Person who passes forged check through chute at walk-up teller window doesn't commit burglary. 		Criminal Law and Procedure Apr. 1, 1999
Jordache Enterprises Inc. v. Brobeck, Phleger & Harrison
Attorney's neglect of insurance coverage for third party claim causes actual injury when problem first recognized. 		Attorneys Apr. 1, 1999
Kiernan v. Zurich Companies
Admiralty law doesn't bar direct action by judgment creditor against debtor's marine insurer. 		Insurance Apr. 1, 1999
Corbin v. Apfel
Applicant awarded fees where agency's decision to defend errors by hearing judge wasn't substantially justified. 		Administrative Agencies Apr. 1, 1999
U.S. v. Luna-Herrera
Court sentencing for illegal re-entry may count predicate felony toward both base offense level and criminal history. 		Criminal Law and Procedure Apr. 1, 1999
Willamette Industries Inc. v. Commissioner of Internal Revenue
Tax court's rulings in connection with corporate income tax deficiencies are affirmed. 		Taxation Apr. 1, 1999
Coleman v. Calderon
Jury instruction overstating governor's commutation power voids death sentence. 		Criminal Law and Procedure Apr. 1, 1999
People v. Trotter
Defendant who wasn't in custody when he fled courtroom during arraignment can't be convicted of escape. 		Criminal Law and Procedure Apr. 1, 1999
Devis v. Bank of America N.T. & S.A.
Bank is immune from false imprisonment, negligence and slander charges stemming from arrest of wrong person. 		Torts Apr. 1, 1999
Los Angeles Cellular Telephone Co. v. Superior Court (Spielholz)
Cellular telephone company's tariff limits its liability for negligence to $5,000. 		Torts Apr. 1, 1999
Joseph R., a Minor
Minor's statement to officer is admissible despite lack of Miranda warnings because minor wasn't in custody. 		Juveniles Apr. 1, 1999
Kirkpatrick v. Westamerica Bank
One action rule doesn't preclude foreclosure where lender amends complaint seeking other relief before trial. 		Real Property Apr. 1, 1999
Sabek Inc. v. Engelhard Corp.
Direct estoppel bars service of amended complaint on party that already obtained ruling of no personal jurisdiction. 		Civil Procedure Apr. 1, 1999
Pahl v. Commissioner of Internal Revenue
State law determines whether person is beneficial shareholder in S corporation for tax purposes. 		Taxation Apr. 1, 1999
Foti v. City of Menlo Park
Ban on signs in public right-of-way, with content-based exceptions, is enjoined under First Amendment. 		Constitutional Law Apr. 1, 1999
People v. Maguire
Attorney's failure to advise defendant of legal insufficiency of charges is ineffective assistance of counsel. 		Criminal Law and Procedure Apr. 1, 1999
People v. Thrash
Order 		Apr. 1, 1999
Keiffer v. Bechtel Corporation
Failure to exhaust administrative remedies doesn't necessarily deprive court of subject matter jurisdiction. 		Civil Rights Apr. 1, 1999
Pacific Trends Lamp and Lighting Products, Inc. v. J. White, Inc.
Orange County court rule imposing sanctions conflicts with statutory requirements of motion for new trial. 		Civil Procedure Apr. 1, 1999
People v. Hart
Penal Code doesn't authorize entry of interest-bearing civil money judgment covering restitution fine and costs. 		Criminal Law and Procedure Apr. 1, 1999
People v. Simpson
Police needn't give Miranda warnings before asking suspect about weapons at house about to be searched. 		Criminal Law and Procedure Apr. 1, 1999
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