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Hoechst Celanese Corp. v. Franchise Tax Board
Pension reversion is not considered business income for purposes of the Uniform Division of Income for Tax Purposes Act.
Corporations May 25, 2001
People v. Barba
Order
May 25, 2001
People v. Barba
Where defendant commits sexual offenses on one single victim, court may not treat offenses as separate and impose multiple life terms.
Criminal Law and Procedure May 25, 2001
Carmel Valley Fire Protection District v. State
Where executive department is authorized to enforce labor statute, legislature can't supervise without violating separation of powers.
Government May 25, 2001
People v. Dacayana
Order
May 25, 2001
People v. Martin
Order
Criminal Law and Procedure May 25, 2001
Blue Ridge v. Jocobsen
Summary judgment awarded to insurer that denies coverage to policyholders for defending dog bite litigation when it falls within policy exclusion.
Insurance May 25, 2001
Fultz v. Stratman
Special parole statute bars Parole Commission from imposing new term of special parole following revocation.
Criminal Law and Procedure May 24, 2001
Alpert v. Villa Romano Homeowners Association
Homeowners association owes pedestrians duty to warn of dangerous conditions in sidewalk under its control.
Torts May 24, 2001
Burns-Vidlak v. Chandler
Trial court's order, denying State's partial summary judgment motion, is unappealable under collateral order doctrine.
Civil Procedure May 24, 2001
Tuggle on Habeas Corpus
Review granted
Criminal Law and Procedure May 24, 2001
Adair v. City of Kirkland
Police officers aren't entitled to overtime pay for time spent in mandatory pre-shift meeting.
Labor Law May 24, 2001
California Mother Infant Program v. State of California Dept. of Corrections
Removal to federal court by state agency acts as a waiver of its Eleventh Amendment sovereign-immunity defense.
Constitutional Law May 24, 2001
U.S. v. Sanchez
Conviction cannot stand where prosecutor commits misconduct by forcing defendant to characterize Deputy U.S. Marshal as liar during cross-examination.
Criminal Law and Procedure May 24, 2001
Slack v. Wilshire Insurance Co. (In re Slack)
Debt in Chapter 13 bankruptcy proceeding can be liquidated even though liability is disputed.
Bankruptcy May 24, 2001
Marriage of Bonds
Execution of prenuptial agreement must be closely scrutinized where only one party is represented by counsel.
Family Law May 24, 2001
In re Advanced Tissue Sciences Securities Litigation
The most adequate plaintiff in a class action suit pursuant to the Private Securities Litigation Reform Act, is the one with the largest financial interest.
Securities May 24, 2001
Breakzone Billiards v. City of Torrance
Councilman's notice of appeal provides sufficient notice of grounds upon which an appeal to the granting of conditional use permit is taken.
Civil Procedure May 24, 2001
Goffney v. Family Savings and Loan Association
Statute permits a nonjudicial foreclosure sale to be conducted on the seventh day after termination of a court order precluding the sale.
Real Property May 24, 2001
People v. Belcher
Review granted
May 24, 2001
Great Lakes Higher Education Corporation v. Brown (In re Brown)
Bankruptcy court has equitable powers to partially discharge debtor's debt to the point that undue hardship no longer exists.
Bankruptcy May 24, 2001
Daniels v. Philip Morris Co.
Each member of class action suit must meet element in controversy requirement, despite Judicial Improvement Act's creation of supplemental jurisdiction.
Civil Procedure May 24, 2001
State v. Lusby
Trial court erroneouly believed it lacked discretion to refer drug offender to work ethic camp.
Criminal Law and Procedure May 24, 2001
Griset v. Fair Political Practices Commission
Order
May 24, 2001
People v. Diaz
Court applies three strikes law and punishment enhancement provision in sentencing habitual rapist.
Criminal Law and Procedure May 24, 2001
Sherman Way Townhomes Inc. v. Superior Court (Eugene H. Twarowski III Inc.)
Order
May 24, 2001
Estrada v. Speno & Cohen
Amended opinion
May 24, 2001
People v. Acosta
Statute that permits prior bad acts in domestic violence case doesn't violate due process or equal protection clause.
Criminal Law and Procedure May 23, 2001
Redwood Coast Watersheds Alliance v. California State Board of Forestry
Grant of declaratory relief is proper to clarify mandatory duties of state agency under California Forest Practice Act.
Environmental Law May 23, 2001
Mora v. Phoenix Indemnity Insurance Co.
Insurer does not forfeit right to intervene in damages hearing when it breaches its duty to give equal consideration to settlement offer.
Civil Procedure May 23, 2001