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Name Category Published
Galanty v. Paul Revere Life Insurance Co.
Policy language required by the Insurance Code takes precedence over any nonrequired policy provision.
Insurance Aug. 4, 2000
Collins Development Company v. D.J. Plastering, Inc.
Subcontractor sued for indemnity has right for jury to hear portion of claim allocating liability between itself and other subcontractors.
Contracts Aug. 4, 2000
Metropolitan Water District of Southern California v. Imperial Irrigation District
Water district may enact fixed rate for 'wheeling' activities.
Government Aug. 4, 2000
Bartold v. Glendale Federal Bank
Bank's reliance on title company to record reconveyance of deed is ineffective to accomplish statutory goal of recording in a timely manner.
Real Property Aug. 4, 2000
Northland Insurance Co. v. Briones
Carrier's duty to defend where potential for coverage exists not triggered when insurer charged with rape and policy contains sexual abuse exclusion.
Torts Aug. 4, 2000
Wilson v. John Crane Inc.
Packing company found liable for asbestos related claims of public utility worker who named it as one of the companies providing packing materials.
Torts Aug. 4, 2000
Sacramento Children's Home v. Department of Social Services
Manner in which Department of Social Services conducts its audits is matter within its expertise and not for court to review.
Administrative Agencies Aug. 4, 2000
People v. Carr
Intoxication and third party consent are not viable defenses to crime of burning cross on another person's property without authorization.
Criminal Law and Procedure Aug. 4, 2000
Craik v. County of Santa Cruz (Odenweller)
Landowners must be granted variance from county zoning ordinances when required by special circumstances.
Government Aug. 4, 2000
Dimock v. Emerald Properties
Once trustee is substituted for by another trustee, foreclosure sale by previous trustee is void.
Real Property Aug. 4, 2000
Hunt v. Commercial Money Center
Non-resident's single purchase of goods from California vendor for delivery outside state is insufficient minimum contact to establish personal jurisdiction.
Civil Procedure Aug. 4, 2000
Kransco v. American Empire Surplus Lines Insurance Co.
Liability insurer cannot assert the comparative bad faith of its insured as affirmative defense in underlying bad faith action.
Insurance Aug. 4, 2000
People v. Wakefield
Lawful custody is not a prerequisite to filing of petition pursuant to Sexually Violent Predators Act.
Civil Rights Aug. 4, 2000
People v. Bonner
Defendant is guilty of attempted robbery if he has intent and engages in necessary acts to complete robbery.
Criminal Law and Procedure Aug. 4, 2000
Gentala v. City of Tucson
City may fund religious group's celebration and not offend Establishment Clause as long as no one religious group is favored over another.
Constitutional Law Aug. 4, 2000
Passantino v. Johnson & Johnson Consumer Products Inc.
Employee is entitled to punitive damages award if employer does not fairly and adequately implement procedures against discrimination.
Employment Law Aug. 4, 2000
U.S. v. Hernandez-Sandoval
Separate enhancements for endangering members of public and law enforcement are proper where court finds defendant's actions are done separately.
Criminal Law and Procedure Aug. 4, 2000
Headwaters Forest Defense v. County of Humbolt
Police use of pepper spray on non-violent, passive protesters can constitute an unreasonable use of force in violation of Fourth Amendment.
Constitutional Law Aug. 4, 2000
Harman v. Apfel
District court decision to remand disability benefits case back to Social Security Administration for further proceedings is reviewable for abuse of discretion.
Administrative Agencies Aug. 4, 2000
U.S. v. Thomas
Sound of package of marijuana being dropped into vehicle is insufficient to provide reasonable suspicion to stop and search vehicle.
Criminal Law and Procedure Aug. 4, 2000
Fairbank v. Wunderman Cato Johnson
Diffierence in standard of proof in federal and state law regarding summary judgment rulings permits federal court to revisit state court's decision.
Civil Procedure Aug. 4, 2000
Jackson v. Calderon
In death penalty case, defense counsel's failure to investigate and present testimony regarding defendant's mental capacity, constitutes ineffective assistance of counsel.
Criminal Law and Procedure Aug. 4, 2000
Montclair Parkowners Association v. City of Montclair
'Younger abstention' requires district courts to dismiss once state court has commenced proceedings, even where result is refiling of appellees' federal complaint.
Constitutional Law Aug. 4, 2000
Three Boys Music Corp. v. Michael Bolton
Widespread dissemination of popular copyrighted song creates prima facie case of copyright infringement.
Intellectual Property Aug. 4, 2000
The Vons Companies Inc. v. Federal Insurance Co.
Coverage for losses caused by employee dishonesty doesn't extend to vicarious liability for losses arising from employee's tortious conduct.
Insurance Aug. 4, 2000
Andres Flores-Miramontes v. Immigration and Naturalization Service
Federal district courts have habeas corpus jurisdiction to consider challenges to removal orders brought by aliens.
Immigration Aug. 4, 2000
Letitia V., a Minor
California's law does not conflict with Indian Child Welfare Act's goals of preventing the break-up Indian families.
Juveniles Aug. 4, 2000
Giovani M., a Minor
Minor who bargains for reduced confinement waives any claim under Penal Code 654.
Juveniles Aug. 4, 2000
San Luis Coastal Unified School District v. City of Morro Bay
Under city's water code, the word 'transferor' does not mean a seller of water, but an entity that transfers water.
Government Aug. 4, 2000
Maranian v. Workers' Compensation Appeals Board
Interim Board decision that determines threshold issues of liability is reviewable.
Workers' Compensation Aug. 4, 2000