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Name Category Published
Estate of Della Sala
Omitted child seeking distribution contrary to terms of will has burden of proving all essential facts.
Probate and Trusts Sep. 13, 1999
San Diego Metropolitan Transit Development Board v. Handlery Hotel Inc.
Absent compensable property interest, claimant alleging de facto or inverse condemnation can't recover compensation.
Government Sep. 13, 1999
Ziegler v. City of South Pasadena
Substantial evidence that police officer was involved in a hit-and-run accident and lied about it justifies firing.
Employment Law Sep. 13, 1999
Marriage of Rich
Husband is entitled to full payments under ERISA pension plan after ex-wife, who was receiving part under domestic relations order, dies.
Family Law Sep. 13, 1999
Trader Joe's Co. v. Progressive Campaigns Inc.
Free-standing food store doesn't lose exclusive control over its private property by inviting people to come shop.
Constitutional Law Sep. 13, 1999
Chahal v. Superior Court (Greyhound Lines Inc.)
Legal certainty that claim doesn't meet superior court's amount-in-controversy jurisdiction is required before action can be transferred to municipal court.
Civil Procedure Sep. 13, 1999
Reed v. Wilson
Despite defendants' offer to compromise being rejected, they weren't entitled to offset costs with excess portion of remaining settlement.
Civil Procedure Sep. 13, 1999
Eby v. Bingham
Ten-year limitation on trust deed lien applies, even though note contemplates payment until obligation satisfied, where final maturity date ascertainable from record.
Real Property Sep. 13, 1999
People v. Lapcheske
Collection of rental payments by defendant who acquired real property by adverse possession does not make defendant guilty of grand theft.
Criminal Law and Procedure Sep. 13, 1999
American Continental Insurance Co. v. American Casualty Co.
Where primary insurer provides maximum coverage in wrongful-death action, insured's private insurance company must contribute to settlement too.
Insurance Sep. 13, 1999
Curtis v. Kellogg & Anderson
Legal malpractice cause of action can't be assigned by corporation's Chapter 7 bankruptcy trustee.
Attorneys Sep. 13, 1999
Record v. Reason
Primary assumption of risk doctrine applies to the activity of being pulled on an inner tube by a motor boat.
Torts Sep. 13, 1999
People v. Draut
Defendant's inability to pay restitution award and general unfairness of such award are not 'extraordinary reasons' necessary to justify reduction.
Criminal Law and Procedure Sep. 13, 1999
Gregory v. State Board of Control
State Board of Control must obtain crime report from law enforcement, if not obtained by victim, under Victims of Crime Restitution Program.
Administrative Agencies Sep. 13, 1999
Hobson v. Raychem Corp.
In disability discrimination action, summary judgment for employer is proper where employee fails to properly identify qualified disability and discriminatory action.
Employment Law Sep. 13, 1999
Townsel v. Superior Court (People)
Trial court has authority to require defendant's counsel to obtain court's approval first before contacting trial jurors.
Criminal Law and Procedure Sep. 13, 1999
Terry v. Superior Court (People)
Defendant's eligibility for drug-treatment program can't be conditioned on his submitting to unreasonable search and seizure.
Criminal Law and Procedure Sep. 13, 1999
Vournas v. Fidelity National Title Insurance Co.
Where trust beneficiary can't show bank had actual knowledge of unauthorized actions, bank can't be liable for breach of fiduciary duty.
Probate and Trusts Sep. 13, 1999
Scott Co. of California v. Blount Inc.
Despite verdict for less than settlement offer, attorney fees provision in contract allows for recovery of preoffer fees and costs.
Contracts Sep. 13, 1999
Daily Journal Corp. v. Superior Court (Merrill Lynch & Co. Inc. and Citron)
Trial court doesn't have inherent power to order the release of secret grand jury materials when no indictment is returned.
Government Sep. 13, 1999
American Continental Insurance Co. v. American Casualty Company of Reading, PA
Where primary insurer provides maximum coverage in wrongful-death action, insured's private insurance company must contribute to settlement too.
Insurance Sep. 13, 1999
Gregory v. State Board of Control
State Board of Control must obtain crime report from law enforcement, if not obtained by victim, under Victims of Crime Restitution Program.
Administrative Agencies Sep. 13, 1999
Rosales v. Depuy Ace Medical Co.
Using broad definition of 'power press', injuries from such machines aren't limited to workers' compensation recovery.
Workers' Compensation Sep. 12, 1999
Wyoming v. Houghton
Police officers may search passengers' personal effects where probable cause exists in automobile search.
Criminal Law and Procedure Sep. 9, 1999
Bonds v. Roy
Expert testimony may be excluded where expert witness declaration didn't provide fair notice of subject matter.
Torts Sep. 9, 1999
Del Monte Dunes at Monterey v. City of Monterey
Plaintiff is entitled to jury trial in inverse condemnation action.
Real Property Sep. 9, 1999
Aguirre-Aguirre v. INS
INS must consider alien's serious nonpolitical crimes committed outside U.S. in determining withholding of deportation.
Immigration Sep. 9, 1999
California Dental Assoc. v. Federal Trade Commission
Private trade association unreasonably restrains competition by using rules to restrict truthful and nondeceptive advertising.
Administrative Agencies Sep. 9, 1999
Gabbert v. Conn
Prosecutor isn't entitled to qualified immunity for executing search warrant against criminal defense attorney.
Civil Rights Sep. 9, 1999
Southern Ute Indian Tribe v. Amoco Production Co.
Tribe, as successor in interest to coal reserved to government, is owner of coal bed methane.
Native American Affairs Sep. 9, 1999