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People v. Fremont Life Insurance Co.
Civil penalty was properly imposed against insurer for unlawfully selling annuities to senior citizens.
Insurance Feb. 20, 2003
Duarte & Witting, Inc. v. New Motor Vehicle Board (DaimlerChrysler Motors Corp.)
New Motor Vehicle Board has implied authority to dismiss protest where undisputed facts demonstrate good cause for franchise termination.
Administrative Agencies Feb. 20, 2003
California Youth Authority v. State Personnel Board (Henderson)
Reviewing court isn't required to give great weight to administrative law judges credibility determinations in employee dismissal action by California Youth Authority.
Administrative Agencies Feb. 20, 2003
In re Anthony B.
Twelve-month period to adjudicate juvenile case includes anniversary date of filing of petition.
Juveniles Feb. 20, 2003
Farmers Insurance Group of Companies v. Workers' Compensation Appeals Board
Unless specifically related to fraud, restitution payment may not be credited against workers' compensation benefits.
Administrative Agencies Feb. 20, 2003
Zinnemann v. Bagnol
Claimants who engaged in post-bankruptcy maneuvering are not eligible to recover from Real Estate Recovery Program.
Administrative Agencies Feb. 20, 2003
Dieden v. Schmidt
Judgment lien on real property held by tenant in common survives change in title to joint tenancy and death of debtor tenant.
Civil Procedure Feb. 20, 2003
Kapsimallis v. Allstate Insurance Co.
Where claim involves cataclysmic damage, insurers may not determine 'inception of loss' as date when physical event caused damage.
Insurance Feb. 20, 2003
Sanchez v. Hillerich & Bradsby Co.
Pitcher struck by line drive may sue manufacturer of aluminum bat.
Torts Feb. 20, 2003
People v. Superior Court (Martinez)
Defendant who committed non-violent drug possession while on probation for felony weapons offense is ineligible for probation under Proposition 36.
Criminal Law and Procedure Feb. 20, 2003
People v. First Federal Credit Corp.
People were not required to present evidence of defendant's financial condition in order to justify amount of civil penalty imposed.
Civil Procedure Feb. 20, 2003
Operating Engineers Local 12 Health and Welfare Trust Fund v. Phillip Morris Inc.
Order
Feb. 19, 2003
Whatley v. Superior Court (People)
Order
Feb. 19, 2003
Comer v. Stewart
Order
Feb. 19, 2003
Kipperman v. Proulx (In re Burns)
Order to Appear for Examination created lien on debtor's unpaid interest in settlement money.
Bankruptcy Feb. 18, 2003
Staton v. Boeing Co.
Settlement of class action lawsuit cannot include attorney fees as portion of common fund created for benefit of class.
Civil Procedure Feb. 18, 2003
Oscar R., a Minor
Order
Feb. 18, 2003
People v. Cervantes
Order
Feb. 18, 2003
Eliceche v. Federal Land Bank Assn. of Yosemite et al.,
Order shortening time to hear motion of discretionary dismissal was properly granted.
Civil Procedure Feb. 18, 2003
Saffold v. Carey
Where defendant's state habeas petition was not denied as untimely, tolling applies and federal petition should be reviewed on merits.
Criminal Law and Procedure Feb. 18, 2003
Old Person v. Brown
Native American Indians in Montana have not suffered dilution of their voting rights.
Native American Affairs Feb. 18, 2003
Silveira v. Lockyer
California law regulating use of assault weapons is constitutional.
Constitutional Law Feb. 18, 2003
U.S. v. Shwayder
Improper use of guilt-assuming hypothetical questions in cross-examination of character witnesses did not affect defendant's substantial rights.
Attorneys Feb. 18, 2003
Li v. Ashcroft
Chinese immigrant, alleging persecution for resisting coercive family planning practices, is not entitled to asylum nor withholding of removal.
Immigration Feb. 18, 2003
Knisley v. Network Associates
Class action plaintiff who didn't submit claim for loss in order to get share of settlement lacks standing to challenge attorney fees award.
Civil Procedure Feb. 18, 2003
Danny H., a Minor
Trestle owned by railroad is 'public place' under statute prohibiting graffiti.
Juveniles Feb. 18, 2003
Rudebusch v. Hughes
Pay adjustments awarded to minorities and women raise factual issues as to whether they were remedial.
Employment Law Feb. 18, 2003
Rackauckas v. Superior Court (Los Angeles Times Communications)
Post-investigative closing report regarding potential criminal conduct is not subject to public disclosure.
Government Feb. 18, 2003
Jensen v. Lane County
Psychiatrist did not violate due process by continuing to detain person after determining he was not psychotic.
Civil Rights Feb. 18, 2003
U.S. v. Turner
Assignment of restitution paymemt did not constitute violation of restitution order or violation of probation condition.
Criminal Law and Procedure Feb. 18, 2003