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Name Category Published
Bennett v. King
Order
May 5, 2000
Ip v. United States
Notice is required to obtain financial records of person with no tax liability and no legal relationship with person whom tax assessment was made.
Taxation May 5, 2000
In re Certain Abandoned Property
Insurer's failure to undertake operations in recovering cargo from wrecked vessel doesn't prove claim abandonment when technology was inadequate to raise cargo.
Maritime Law May 5, 2000
Grava v. INS
Political asylum may be granted to alien 'whistleblower' who exposes government corruption in his homeland during the course of his official duties.
Immigration May 5, 2000
U.S. v. Garcia
Police may search car trunk without warrant after occupants have been arrested for drug possession and car is impounded.
Criminal Law and Procedure May 5, 2000
Butler v. Superior Court (People)
Under Sexually Violent Predators Act, petition for recommitment must contain evaluations by two psychologists or psychiatrists.
Criminal Law and Procedure May 5, 2000
U.S. v. Miller
Court has jurisdiction to modify payment of defendant's fine when payment is condition of supervised release.
Criminal Law and Procedure May 5, 2000
U.S. v. Lopez-Soto
Fourth Amendment stop is not justified by officer's good faith but mistaken belief that defendant was violating law.
Criminal Law and Procedure May 5, 2000
U.S. v. Johnson
Court may not consider defendant's juvenile sentences in calculating present sentence where juvenile sentences were not served within five years of current offense.
Criminal Law and Procedure May 5, 2000
Caitlin B., a Minor
Interests of one parent do not inure to other parent.
Juveniles May 5, 2000
People v. Dozier
Minimum term of indeterminate life term for third strike offender should be 25 years to life.
Criminal Law and Procedure May 5, 2000
People v. Fountain
Prior juvenile adjudication for battery with serious bodily injury isn't an offense for three strike purposes.
Criminal Law and Procedure May 5, 2000
Channel Lumber Co. v. Porter Simon
When corporation retains and then sues outside counsel for malpractice, counsel is party of suit as independent contractor not agent of corporation.
Attorneys May 5, 2000
Dubria v. Smith
Order
May 5, 2000
People v. Kwizera
Trial court may empower probation department with reasonable authority to supervise probation conditions.
Criminal Law and Procedure May 5, 2000
McPherson v. City of Manhattan Beach (Highland View Limited Partnership)
Builder loses right to build under 1990 height restrictions when it fails to timely record final vesting parcel map.
Government May 5, 2000
Monarch HealthCare v. Superior Court (Cassidenti)
Nonparty deponents need not file motion to quash to challenge 'records only' discovery requests that seek privileged information.
Civil Procedure May 5, 2000
Bank of America National Trust and Savings Assoc. v. Giant Inland Empire R.V. Center Inc. (County of San Bernardino)
Sale of property for delinquent taxes is not valid where county makes no reasonable effort to notify lienholder of sale.
Taxation May 5, 2000
Castellanos v. Coastal Providers of San Luis Obispo
Doctor may not be dismissed from physician's panel without notice of reasons for dismissal.
Contracts May 5, 2000
Campbell v. Scripps Bank
Party cannot assert collateral estoppel if that party's negligence led to adjudication it seeks to use defensively.
Civil Procedure May 5, 2000
PMC Inc. v. Kadisha
Corporate shareholders, directors and officers may be held personally liable for misappropriation of trade secrets.
Corporations May 5, 2000
People v. Marquez
Defendant commits only one count of robbery when he steals from one victim, but property belongs to two people.
Criminal Law and Procedure May 5, 2000
Alameda County Social Services Agency v. Tammy D.
Child may be placed for adoption despite birth parent's successful visitation record.
Family Law May 5, 2000
Fogarty v. Rasbeary
Mother is not entitled to unpaid child support when she waits 17 years to pursue claim against father.
Family Law May 5, 2000
County of Yuba v. Savedra
Court must enforce proposed child support order, despite evidence of parent's income.
Family Law May 5, 2000
Lopez v. Smith
When district court dismisses prisoner's pro se complaint, court has discretion to make dismissal with or without leave to amend.
Prisoners Rights May 5, 2000
People v. Massey
Murder complaint, dismissed twice due to prosecution's inability to obtain witness attendance at trial, must be reinstated for third time.
Criminal Law and Procedure May 5, 2000
Circle K Ranch Corp. v. Santa Barbara County Board of Supervisors
Subdivision map recorded before enactment of state's subdivision laws does not constitute legally recognizable subdivision lot.
Real Property May 5, 2000
Twentieth Century Fox Film Corp. v. Superior Court (Lottermoser)
Trial court must stay action while application to arbitrate matter is pending before another court.
Civil Procedure May 5, 2000
Hunt Building Corp. v. Bernick
State may assess general contractor for unpaid contributions and tax withholding for employees of unlicensed subcontractors performing work on federal land.
Taxation May 5, 2000