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Name Category Published
People v. Checketts
Parent is liable for false imprisonment of child when confinement is done with intent to endanger the health and safety of the child.
Criminal Law and Procedure Jun. 3, 1999
In re Polk
3-year commitment to mental hospital after finding defendant is incompetent to stand trial applies to aggregate of all commitments under same charges.
Criminal Law and Procedure Jun. 3, 1999
People v. Barella
Defendant doesn't have to be advised of parole eligibility, including longer sentence under three strikes law, prior to guilty plea.
Criminal Law and Procedure Jun. 3, 1999
California Teachers Assoc. v. State of California
Education Code provision, requiring teachers to bear portion of cost of administrative challenge to suspension or dismissal, is unconstitutional.
Education Jun. 3, 1999
PPG Industries Inc. v. Transamerica Insurance Co.
Insurer isn't responsible for punitive damages award when insured's conduct is proximate cause, despite finding that award issued due to insurer's failure to settle.
Insurance Jun. 3, 1999
Plumeau v. School District #40 County of Yamhill
Official investigation of sex charges against school district employee isn't 'actual notice' for student's tort claim.
Torts Jun. 3, 1999
Mount Olympus Property Owners Association, Inc. v. Shpirt
No attorney fees are awarded for property restrictions violations absent common areas between properties.
Real Property Jun. 3, 1999
Hoff v. Vacaville Unified School District
School district owes duty of care to both students and non-students in supervising school parking lot.
Torts Jun. 3, 1999
Lake Cadena Investments LTD. v. City of Colton
City's rent stabilization ordinance is pre-empted by Mobilehome Residency Law.
Real Property Jun. 3, 1999
People v. Gulaya
Medical doctor's conviction for unlawful fee splitting cannot stand absent specific intent jury instruction.
Criminal Law and Procedure Jun. 3, 1999
Bankruptcy of Jenkins
Statutory limit for Chapter 7 trustee's compensation includes fees of paraprofessional trustee hired for routine services.
Bankruptcy Jun. 3, 1999
Credit Suisse v. U.S. District Court (Rosales)
Act of state doctrine bars action against bank after Swiss government freezes Ferdinand Marcos assets.
Banking Jun. 3, 1999
Coughlin v. Rogers
No joinder of mandamus actions against INS delays in processing applications and petitions absent common question.
Immigration Jun. 3, 1999
United States v. M. Cutter Co.
Under Miller Act, personal property lessor can recover sums due between action filing and property return.
Contracts Jun. 3, 1999
TCW Special Credits v. Chloe Z Fishing Co. Inc.
Fishing vessel crewmember hired without contract gets greater of promised salary or highest comparable rate.
Employment Law Jun. 3, 1999
Moeller v. Superior Court (Sanwa Bank)
Predecessor trustee cannot withhold trust administration documents from successor by claiming attorney-client privilege.
Probate and Trusts Jun. 3, 1999
Bankruptcy of Elias
California Franchise Tax Board is immune from bankruptcy action to determine state tax liability.
Bankruptcy Jun. 3, 1999
Bankruptcy of Cross
Securities Exchange Commission has standing to assert nondischargeability claim against Chapter 7 debtor.
Bankruptcy Jun. 3, 1999
People v. Tran
Defendant cannot be sentenced to consecutive life terms in order to double minimum term of imprisonment.
Criminal Law and Procedure Jun. 3, 1999
People v. Thompson
Increase in defendants sentence and fines imposed after retrial violates double jeopardy clause.
Criminal Law and Procedure Jun. 3, 1999
Ashley P., a Minor
Awareness of disagreements between family members doesn't damage children's emotional health.
Juveniles Jun. 3, 1999
Los Angeles County Dept. of Children and Family Services v. Superior Court (Paul C.)
Trial court's judgment cannot be substituted for Department of Children Services without abuse of process finding.
Juveniles Jun. 3, 1999
People v. Wright
DNA evidence from polymerase chain reaction matching technique satisfies standard for general scientific acceptance and admissibility.
Criminal Law and Procedure Jun. 3, 1999
Balthazor v. Little League Baseball Inc.
Little League team doesn't have a duty to decrease risk of injury to players.
Torts Jun. 3, 1999
People v. James
Manufacture of methamphetamine is inherently dangerous felony for purposes of second degree felony-murder rule.
Criminal Law and Procedure Jun. 3, 1999
Quintilliani v. Mannerino
Attorney can't rely on legal malpractice statute of limitations for breach of non-legal services contract.
Contracts Jun. 3, 1999
People v. Thongvilay
Felony murder doctrine applies when defendants cause auto accident death while driving away from committing burglary.
Criminal Law and Procedure Jun. 3, 1999
Rankin v. Commissioner of Internal Revenue
IRS's income tax adjustment for accounting method change applies when invalid deduction system abandoned in wrong year.
Taxation Jun. 3, 1999
Widrig v. Apfel
Court doesn't abuse discretion in calculating attorney fees award in Social Security cases.
Attorneys Jun. 3, 1999
Bankruptcy of Tallant
Obligation of attorney to repay loan from client is nondischargeable where loan is fraudulently induced.
Bankruptcy Jun. 3, 1999