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Name Category Published
State v. Medina
Evidence of gang membership is not a mitigating circumstance for sentencing purposes.
Criminal Law and Procedure Mar. 4, 1999
Hollaway v. Edwards
Court rule stating when attorney fees must be requested doesn't bind probate court's discretion in awarding fees.
Probate and Trusts Mar. 3, 1999
People v. Bennett
Defendants aren't entitled to advance new theories for suppressing evidence at second preliminary hearings.
Criminal Law and Procedure Mar. 3, 1999
U.S. v. Crawford
Party seeking offset under Victim Witness Protection Act must demonstrate insurance proceeds were for same loss.
Criminal Law and Procedure Mar. 3, 1999
Shelley J., minor
Rule allowing challenges to pleadings' sufficiency for first time on appeal doesn't apply to dependency actions.
Family Law Mar. 3, 1999
Bankruptcy of Feiler
Prepetition election to carry-forward net operating losses on a federal tax return constitutes a fraudulent transfer.
Bankruptcy Mar. 3, 1999
Raleigh v. Snowbird Corp.
Order
Employment Law Mar. 3, 1999
Penn-White v. King
Order
Criminal Law and Procedure Mar. 3, 1999
Harris v. Booker
Order
Criminal Law and Procedure Mar. 3, 1999
State v. Fulminante
Hearsay statements reflecting victim's belief to establish defendant's future conduct are inadmissible.
Criminal Law and Procedure Mar. 3, 1999
Bankruptcy of McCarthy
Failure to provide trial transcript of oral findings of fact and conclusions of law warrants affirmation on appeal.
Bankruptcy Mar. 3, 1999
Persons v. Runyon
Order
Civil Rights Mar. 3, 1999
Hirsch v. Secretary of the Army
Order
Criminal Law and Procedure Mar. 3, 1999
People v. Durant
Three strikes law requires consecutive sentences for crimes with different facts, committed on separate occasions.
Criminal Law and Procedure Mar. 3, 1999
Karen S. v. Superior Court (El Dorado County Department of Social Services)
Reunification services properly denied when parent continues to resist treatment for substance abuse.
Juveniles Mar. 3, 1999
Wollersheim v. Church of Scientology International et al.
In post-trial motion to add additional judgment debtor, burden of proof is 'by preponderance of the evidence', unless statute states otherwise.
Civil Procedure Mar. 3, 1999
Bankruptcy of Ioane
Debtor cannot object to jurisdiction by bankruptcy appellate panel where the statement of election is untimely.
Bankruptcy Mar. 2, 1999
People v. Love
Order
Mar. 2, 1999
People v. Evans
Order
Mar. 2, 1999
People v. Senner
Order
Mar. 2, 1999
People v. Thrash
Order
Mar. 2, 1999
People v. St. John
Order
Mar. 2, 1999
Preferred Risk Mutual Insurance Co. v. Reiswig
Review granted
Mar. 2, 1999
K-Lath v. Davis Wire Corporation
Fear of infringement without case in controversy doesn't support declaratory judgment action.
Intellectual Property Mar. 2, 1999
Montero v. AGCO corp.
Sexual harassment claim fails when plaintiff waits two years to report conduct to management.
Employment Law Mar. 2, 1999
Sherman v. Kinetic Concepts, Inc.
Court has duty to impose sanctions and grant new trial when defendant intentionally hides evidence.
Torts Mar. 2, 1999
Grand Avenue Partners v. Goodan
Assignment of leasehold in ground lease isn't enforceable as novation where assignee obligated to original lease.
Real Property Mar. 2, 1999
Edelbacher v. Calderon
Federal habeas corpus petitioner can't challenge state conviction during retrial proceedings, absent unusual circumstances.
Criminal Law and Procedure Mar. 2, 1999
Lambert v. General Motors
Jury verdict of negligence irreconcilable with finding of no defect.
Torts Mar. 2, 1999
Wager v. Mirzayance
Dismissal warranted where no notice of right to arbitrate fee dispute is provided to retainer agreement guarantors.
Attorneys Mar. 2, 1999