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Name Category Published
Linden Partners, etc. v. Wilshire Linden Associates, etc.
Court may rule on whether duty is owed without regard for dispositive effect of the ruling.
Contracts Jun. 1, 1999
Dean v. Superior Court (Lever)
Comments on the qualifications of opponents are not permitted in candidate's statements.
Government Jun. 1, 1999
Taggares v. Superior Court of San Diego County (Mitchell)
Where Party Indigent Cost-Free Option Should Be Made Available To Settle Discovery Disputes.
Civil Procedure Jun. 1, 1999
Poland v. Stewart
Aggravating factors guide sentencer and aren't intended to give notice to defendant of risky conduct.
Criminal Law and Procedure Jun. 1, 1999
Moeller v. Superior Court (Sanwa Bank)
Order
Jun. 1, 1999
U.S. v. Luna-Madellaga
Sentencing court isn't required to calculate hypothetical sentence before sentencing defendant under undischarged term of imprisonment.
Criminal Law and Procedure Jun. 1, 1999
Federal Deposit Insurance Corp. v. Jackson
Showing of gross negligence is required to deny bank directors benefit of 'business judgment' rule.
Banking Jun. 1, 1999
Cohen v. De La Cruz
Exception to discharge for debts arising from fraud includes punitive damages and attorney fees.
Bankruptcy Jun. 1, 1999
Almendarez-Torres v. United States
Federal government doesn't need to charge earlier convictions in an indictment for sentence enhancements.
Criminal Law and Procedure Jun. 1, 1999
Ohio Adult Parole Authority v. Woodard
Option of voluntary participation in clemency process doesn't violate privilege against self-incrimination.
Criminal Law and Procedure Jun. 1, 1999
Bankruptcy of Colortran Inc.
Failure to follow procedure to invalidate lien warrants reversal of lien invalidation and compromise disapproval.
Bankruptcy Jun. 1, 1999
Bankruptcy of Udhus
Debtor curing secured obligation under 11 U.S.C. 1123 is not required to pay default interest rate.
Bankruptcy Jun. 1, 1999
U.S. v. Contreras
Giving information to probation officer doesn't satisfy Guidelines' 'Safety Valve' provision requiring giving information to government.
Criminal Law and Procedure Jun. 1, 1999
Linden Partners v. Wilshire Linden Associates
Court may rule on whether duty is owed without regard for dispositive effect of the ruling.
Contracts Jun. 1, 1999
U.S. v. Contreras
Giving information to probation officer doesn't satisfy Guidelines' 'Safety Valve' provision requiring giving information to government.
Criminal Law and Procedure Jun. 1, 1999
People v. Sanchez
No error in failing to instruct jury that participation in endless chain isn't Penal Code violation.
Criminal Law and Procedure Jun. 1, 1999
People v. Encinas
Failure to prove assault on officer was with deadly weapon prevents it from being considered 'strike.'
Criminal Law and Procedure Jun. 1, 1999
Marriage of Condon
Spouse with primary physical custody can move out of country under carefully constructed relocation order.
Family Law Jun. 1, 1999
Bankruptcy of Abercrombie
No administrative expense priority for attorney fees in postpetition judgment based on prepetition contract.
Bankruptcy Jun. 1, 1999
Campbell v. Cal-Gard Surety Services Inc.
Striking punitive damages award is error where jury could have found oppression and malice.
Insurance Jun. 1, 1999
Clark v. Superior Court (County of Orange)
Indigent persons sued by county for child support aren't entitled to taxpayer-funded counsel.
Family Law Jun. 1, 1999
People v. Reed
Attorney's failure to inform defendant about sentence credit limitations before plea isn't constitutionally inadequate representation.
Criminal Law and Procedure Jun. 1, 1999
People v. Brown
Police can run warrant check during valid traffic stop and question detainee regarding probation status.
Criminal Law and Procedure Jun. 1, 1999
San Diego Unified Port District v. Gallagher
Port district's allocation of sites for long-term free anchorages subject to Americans with Disabilities Act.
Civil Rights Jun. 1, 1999
Pazderka v. Caballeros Dimas Alang Inc.
Permitting an appeal from compromise agreement pursuant to Code of Civil Procedure would reduce judicial efficiency.
Civil Procedure Jun. 1, 1999
Gutierrez v. Board of Retirement of the Los Angeles County Employees Retirement Association
Non-service connected disability retirement benefits cannot be converted to service-connected by surviving spouse.
Government Jun. 1, 1999
Greve v. Angeles Chemical Co.
Summary judgments should not be granted when there are triable issues regarding adequate warnings.
Torts Jun. 1, 1999
Monterey, CA v. Del Monte Dunes, Etc., et al
Certiorari granted
Jun. 1, 1999
U.S. v. James
No abuse of discretion to exclude defendant's evidence of victim's prior violent acts.
Criminal Law and Procedure Jun. 1, 1999
People v. Branscombe
Defendant's statements taken in deliberate violation of 'Miranda' can be introduced as rebuttal evidence.
Criminal Law and Procedure Jun. 1, 1999