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Name Category Published
Hoffman v. Connell
If decedent didn't own trust property under California law, estate isn't required to pay taxes on it. 		Taxation Sep. 2, 1999
Reese v. Wal-Mart Stores Inc.
Refusal to certify class of male shoppers harmed by 'Ladies Day' discounts was proper after determination that substantial benefits wouldn't accrue. 		Civil Procedure Sep. 2, 1999
San Rafael Elementary School District v. California State Board of Education (Russell)
State Board of Education may review de novo a county committee's findings rejecting transfer of territory from one school district to another. 		Government Sep. 2, 1999
Marriage of Koester
Business begun by one spouse prior to marriage and incorporated during marriage does not become community property. 		Family Law Sep. 2, 1999
People v. Superior Court (Lujan)
For lying-in-wait special circumstances allegation in murder case, the amount of time concealed must be 'substantial.' 		Criminal Law and Procedure Sep. 2, 1999
Bagley v. TRW Inc.
Summary judgment motion denied by one judge and later transferred to another judge is still valid where no new facts are presented. 		Civil Procedure Sep. 2, 1999
People v. Mosley
For 'Miranda' purposes, questioning a defendant while being transported in ambulance to hospital isn't custodial interrogation. 		Criminal Law and Procedure Sep. 2, 1999
Leslie v. Superior Court (Southern California Edison Co.)
Although public utilities commission has jurisdiction concerning utility easements, where county adopts building code regarding grading of easement, superior court has jurisdiction. 		Administrative Agencies Sep. 2, 1999
People v. Orange County Charitable Services
Failure of charitable fundraising group to account for $15 million raised for charitable organizations warrants imposition of constructive trust and civil penalties. 		Torts Sep. 2, 1999
Main Fiber Products Inc. v. Morgan & Franz Insurance Agency
Opposition to good-faith settlement agreement isn't proper when it is appealed from a final judgment. 		Civil Procedure Sep. 2, 1999
Glendale Federal Bank v. Hadden
Landlord's refusal to allow bank to cure forfeited lease is proper where bank isn't indispensable party and has no interest in lease once terminated. 		Civil Procedure Sep. 2, 1999
Gammoh v. City of Anaheim
City's interest in protecting its 'image' isn't legitimate against citizen's interest in exercising free speech right to run adult cabaret business. 		Constitutional Law Sep. 2, 1999
In re Locks
Defendant found not guilty by reason of insanity and committed to state hospital is entitled to hearing to determine competency to refuse medication. 		Civil Rights Sep. 2, 1999
Argaman v. Ratan
Pro per attorney may recover only costs after successful discovery motion. 		Attorneys Sep. 2, 1999
County of Orange v. Superior Court (Barrie)
After plaintiff was arrested in one county and transported to another, venue for suit against second county is improper in first county. 		Civil Procedure Sep. 2, 1999
Afrasiabi v. State Farm Fire & Casualty Co.
Although nephew paid rent, he is still a relative under the homeowner's policy, and his claim was properly excluded. 		Insurance Sep. 2, 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. 2, 1999
Lee v. Block
Bankruptcy petition filed after unlawful detainer judgment doesn't prevent landlord from evicting tenant. 		Real Property Sep. 2, 1999
Marriage of Reese
Notice of motion for sanctions under one code section doesn't permit the court to impose sanctions under different section. 		Civil Procedure Sep. 2, 1999
People v. Jefferson
Three strikes law requires doubling of minimum fifteen-year term for gang-member defendant with prior strike who was convicted of attempted murder. 		Criminal Law and Procedure Sep. 2, 1999
Golden Gateway Center v. San Francisco Residential Rent Stabilization and Arbitration Board
Housing services aren't substantially decreased when landlord's repair and maintenance work doesn't substantially interfere with right to occupancy of premises as a residence. 		Real Property Sep. 2, 1999
People v. Birkett
As insurers are not 'direct' crime victims, they don't have the right to receive restitution from convicted criminals. 		Criminal Law and Procedure Sep. 2, 1999
Preferred Risk Mutual Insurance Co., v. Reiswig
Insurance company can seek indemnification from negligent doctors under Medical Injury Compensation Reform Act's tolling provision. 		Torts Sep. 2, 1999
People v. Nguyen
For second-strike defendants convicted of multiple counts, one-third of middle term of consecutive determinate term is doubled. 		Criminal Law and Procedure Sep. 2, 1999
Post v. Palo/Haklar & Associates
After Labor Commissioner finds there was no employment relationship, and thus lacks jurisdiction, superior court also lacks jurisdiction to review. 		Administrative Agencies Sep. 2, 1999
Horwich v. Superior Court (Acuna)
Although statute precludes motorist of uninsured vehicle from recovery in automobile accident, parents of uninsured motorist can recover in wrongful death suit. 		Torts Sep. 2, 1999
Lamden v. La Jolla Shores Clubdominium Homeowners Assn.
Courts must defer to the authority and presumed expertise of a homeowner's association when it makes ordinary maintenance and repair decisions. 		Real Property Sep. 2, 1999
Leslie v. Superior Court (Southern California Edison Company)
Although public utilities commission has jurisdiction concerning utility easements, where county adopts building code regarding grading of easement, superior court has jurisdiction. 		Administrative Agencies Sep. 2, 1999
El Paso Natural Gas Co. v. Neztsosie
Order 		Sep. 2, 1999
Willis v. Pacific Maritime Assoc.
Order 		Sep. 2, 1999
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