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Name Category Published
People v. Kelii
Determination of whether prior conviction is serious felony for three strikes purposes is a judicial function.
Criminal Law and Procedure Sep. 6, 1999
Julio L., a Minor
Juvenile's kicking of chair, ignoring principal and use of profanity while at school, constitute 'seriously disruptive behavior' warranting disorderly conduct conviction.
Juveniles Sep. 6, 1999
Barnes v. Dept. of Corrections
Sanctions cannot be granted for improper filing or advocating of complaint when motion for sanctions not made until after entry of judgment.
Civil Procedure Sep. 6, 1999
Bank of America National Trust and Savings Assn. v. Maricopa County
Allegations by plaintiff in voluntarily dismissed tax court action aren't binding in superior court proceeding as judicial admissions or via judicial estoppel.
Taxation Sep. 6, 1999
City of Sedona v. Devol
Findings of abandonment and bad faith are not warranted where the city is attempting to accommodate property owners in a condemnation proceeding.
Government Sep. 6, 1999
Mitroff v. United Services Automobile Association
Order
Sep. 6, 1999
Jenkins v. State Compensation Ins. Fund
Order
Sep. 6, 1999
Kallis v. Franchise Tax board
Order
Sep. 6, 1999
Arambula v. Wells
Order
Sep. 6, 1999
Hunt v. Pasternack
Actual construction of a building isn't required for protection under the Architectural Works Copyright Act.
Intellectual Property Sep. 3, 1999
Arnett v. California Public Employees Retirement System
Disability plan which pays more benefits to younger employee than to older employee with equal service time, violates Age Discrimination in Employment Act.
Employment Law Sep. 3, 1999
U.S. v. Saenz
Defendant claiming self-defense in assault case can show his own state of mind by testifying to personal knowledge of victim's past violent acts.
Criminal Law and Procedure Sep. 3, 1999
Fajardo v. County of Los Angeles
Upholding practice of treating domestic violence 9-1-1 calls differently, on assumption that such calls involve less injury, is erroneous.
Civil Rights Sep. 3, 1999
Rolex Watch, U.S.A. Inc. v. Michael Co.
Unauthorized sale of reconditioned used product with generic replacement parts and manufacturer's original trademark, constitutes trademark counterfeiting.
Intellectual Property Sep. 3, 1999
Ortiz v. Meissner
Aliens are only entitled to interim work authorizations until completion of administrative review of deportation orders, not judicial review.
Immigration Sep. 3, 1999
Bay Area Addiction Research and Treatment Inc. v. City of Antioch
Zoning ordinances which prevent approval of drug treatment facility violate American with Disabilities Act and Rehabilitation Act.
Civil Rights Sep. 3, 1999
McBride v. PLM International Inc.
Employee's status as an ERISA participant, and his standing as a whistleblower, must be adjudged at time of alleged ERISA violation.
Employment Law Sep. 3, 1999
Burnsworth v. Gunderson
Without supporting evidence, a disciplinary conviction imposed by prison officials violates inmate's procedural due-process rights.
Prisoners Rights Sep. 3, 1999
U.S. v. Gantt
Officers must present complete copy of search warrant to person present at property to be searched.
Criminal Law and Procedure Sep. 3, 1999
U.S. v. Estrada-Torres
Previously deported resident alien isn't entitled to discretionary relief if improper interpretation of discretionary relief statute isn't effective at time of deportation order.
Criminal Law and Procedure Sep. 3, 1999
Epstein v. MCA Inc.
State judgment determining fairness of settlement in shareholder class action is entitled to full faith and credit when judgment satisfies due process.
Securities Sep. 3, 1999
Bankruptcy of Bigelow
Appellate court does not lack jurisdiction where corporation's notice of appeal is signed by a corporate officer.
Bankruptcy Sep. 3, 1999
U.S. v. Garrett
Defendant who had been granted change of attorneys and then allowed to proceed pro se isn't prejudiced by refusal of eve-of-trial continuance.
Criminal Law and Procedure Sep. 3, 1999
U.S. v. Frega
Attorney and judges are properly tried in federal court of Racketeer Influenced and Corrupt Organizations Act offenses involving bribery of state officials.
Criminal Law and Procedure Sep. 3, 1999
U.S. v. Sorensen
Mortgage broker can't be convicted of making false statements with regard to unsigned loan application.
Criminal Law and Procedure Sep. 3, 1999
Ortiz v. INS
Aliens can move Board of Immigration Appeals to reopen their case for review under Nicaraguan Adjustment and Central American Relief Act.
Immigration Sep. 3, 1999
Duarte de Guinac v. INS
Dismissal of asylum petition is error as Guatemalan 'Indians' have well-founded fear of persecution on account of race.
Immigration Sep. 3, 1999
Altawil v. INS
Order
Sep. 3, 1999
A-Z International v. Phillips
Administrative law judge's certification of matter to district court for contempt proceeding cannot be vacated by Dept. of Labor Benefits Review Board.
Workers' Compensation Sep. 3, 1999
Weissman v. Quail Lodge Inc.
Attorney isn't subject to sanctions as vexatious litigant for conduct done in the course of representing a client.
Civil Procedure Sep. 3, 1999