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Name Category Published
People v. Rizo
Defendant may be convicted of manufacture of false government documents intended for illegal aliens, but sold to U.S. citizens.
Criminal Law and Procedure May 5, 2000
Small v. Hall's Furniture Defined Benefit Pension Plan
When defendants dismiss their appeal because counsel determined that appeal would serve no purpose, parties should bear own appeal costs.
Civil Procedure May 5, 2000
People v. Andrade
Defense counsel's tactical decision not to call defendant as witness produces unjust result that merits new trial.
Criminal Law and Procedure May 5, 2000
Smith v. Laguna Sur Villas Community Assn.
Condominium associations are holders of attorney-client privilege and are not required to disclose privileged information to individual homeowners.
Real Property May 5, 2000
U.S. v. Ramon-Ortega
Defendant's Sixth Amendment rights are violated when INS agent interrogates defendant outside counsel's presence on criminal conduct not related to immigration.
Criminal Law and Procedure May 5, 2000
U.S. v. Olafson
Court may admit hearsay statement and isn't required to allow phone depositions even though it would've avoided safety and administrative concerns.
Immigration May 5, 2000
Firebaugh Canal Co. v. United States
San Luis Act requires federal government to provide drainage service for agricultural areas receiving irrigation in California's Central Valley.
Environmental Law May 5, 2000
Farrar v. McKown (In re McKown)
IRA account is exempt from bankruptcy estate and is, therefore, shielded from creditors.
Bankruptcy May 5, 2000
AT&T Communications System v. Pacific Bell
Exhaustion of remedies isn't prerequisite to review of California Public Utilities Commission orders by California state courts.
Administrative Agencies May 5, 2000
Flick v. Liberty Mutual Fire Insurance Co.
Private insurance company's policies are subject to National Flood Insurance Program's strict compliance rule when funds are drawn from U. S. Treasury.
Insurance May 5, 2000
Commodity Futures Trading Commission v. Topworth International Ltd.
Commodity Futures Trading Commission can regulate trades involving both foreign currency and precious metals.
Securities May 5, 2000
Greene v. Cutler
Action to recover child support arrearages may brought at any time until support judgment is paid in full.
Family Law May 5, 2000
Wasson v. Sonoma County Junior College
Public employee has no retaliation claim against employer for free speech rights violation when employee denies having made speech in question.
Employment Law May 5, 2000
People v. Martinez
Prosecution's filing of felony complaint, with or without issuance of arrest warrant, isn't sufficient to engage federal Constitution's speedy trial protection.
Criminal Law and Procedure May 5, 2000
Rucker v. Davis
Public housing agency may evict tenant because of household member's drug-related activity even though tenant is unaware of activity.
Administrative Agencies May 4, 2000
U.S. v. Guess
Drug manufacturer does not 'use' firearm in violation of federal law if arresting officers were not aware that he possessed loaded handgun.
Criminal Law and Procedure May 4, 2000
Garvey v. Roberts
When arbitrator's finding is inexplicable and borders on irrational, award must be vacated.
Labor Law May 4, 2000
Sony Computer Entertainment Inc. v. Connectix Corp.
Intermediate copies made by computer software manufacturer to 'reverse engineer' competitor's copyrighted program to make non-infringing emulation is protected under Copyright Act.
Intellectual Property May 4, 2000
Kenny A., a Minor
Defendant cannot be committed to county jail when he was minor at time of offense.
Juveniles May 4, 2000
In re Castro
Court must appoint director of regional center for developmentally disabled to evaluate defendant's competency before proceeding to trial.
Criminal Law and Procedure May 4, 2000
American Golf Corp. v. Superior Court (Becker)
Golfer's personal injury action against golf course for negligent design and placement of yardage marker is barred by assumption of risk doctrine.
Torts May 4, 2000
People v. Jacobs
Prior felony convictions are admissible to challenge defendant's credibility, even when defendant does not testify.
Criminal Law and Procedure May 4, 2000
People v. Thompson
Court isn't required to instruct jury that 'unlawful killing' is killing without excuse or justification when neither defense is presented at trial.
Criminal Law and Procedure May 4, 2000
People v. Garcia
Substantial evidence of premeditation and deliberation supports defendant's conviction for first-degree murder.
Criminal Law and Procedure May 4, 2000
Inter Mountain Mortgage Inc. v. Sulimen
Summary judgment is improper where dispute exists whether employee committed fraudulent acts within scope of employment.
Torts May 4, 2000
ML Direct Inc. v. TIG Specialty Insurance Co.
Prior litigation exclusion in directors and officers policy is not ambiguous.
Insurance May 4, 2000
Tellis v. Contractors State License Board
Licensed contractor violates state regulations when he knows his work is substandard and fails to correct defects.
Administrative Agencies May 4, 2000
People v. Gardineer
Defendant cannot object to probation condition for first time on appeal.
Criminal Law and Procedure May 4, 2000
People v. Orellano
Defendant may not be convicted of current sex crime merely upon proof that he committed prior sex crime.
Criminal Law and Procedure May 4, 2000
People v. Ramsey
Trial court must impose state and county penalty assessments upon $5,000 fine levied for environmental offenses.
Criminal Law and Procedure May 4, 2000