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Name Category Published
People v. Callihan
Review granted
May 26, 1999
Henry v. WCAB
Order
May 26, 1999
Associated Builders and Contractors Inc. v. San Francisco Airports Commission (San Mateo County Building and Construction Trades Council)
Project stability agreement between agency and labor organization complies with public contracting competitive bid laws.
Government May 26, 1999
De La Rosa v. Scottsdale Memorial Health Systems Inc.
Order
May 26, 1999
Long v. Cuttle Construction Co.
Interest on judgment ceases to run as soon as payment check is delivered.
Business Law May 26, 1999
People v. Barra
Doubling provision of three strikes law applies to determinate life sentence.
Criminal Law and Procedure May 26, 1999
Swiss Property Management Co. Inc. v. Southern California IBEW-NECA Pension Plan
California Land Title Association form subordination agreement gives lender's deed of trust priority over seller's deed.
Real Property May 26, 1999
Panagotacos v. Bank of America
Bank's delay in reconveying title didn't prevent plaintiffs' property purchase, therefore action doesn't exist against bank.
Contracts May 26, 1999
Karl v. Commonwealth Land Title Insurance Co.
Title insurance policy loss is determined by fair market value of property at time of foreclosure.
Insurance May 26, 1999
U.S. v. Zarate-Martinez
Due process challenge to illegal re-entry after deportation conviction must show both illegal deportation and prejudice.
Criminal Law and Procedure May 26, 1999
Ching v. San Francisco Board of Permit Appeals (Harsch Investment Corp.)
Appeal of conditional use permit based on conflict of interest by Board member is untimely.
Real Property May 26, 1999
John Hancock Mutual Life Insurance Co. v. Greer
Disability policy's incontestability clause bars insurer's recission action based on alleged misrepresentations by insured.
Insurance May 26, 1999
Gamage v. Medical Board of California
Agency entitled to full amount it paid for hearing transcript where plaintiff's petition is defeated.
Administrative Agencies May 26, 1999
People v. Proby
Evidence is sufficient to prove defendant acted as 'major participant' with 'reckless disregard' for human life.
Criminal Law and Procedure May 26, 1999
City of Lake Elsinore v. Ranel Development Co.
City's failure to adopt resolution of necessity in eminent domain action doesn't necessitate dismissal.
Real Property May 26, 1999
Sabrina N., a Minor
Failure to provide incarcerated father reasonable reunification services with child requires order vacating termination of services.
Juveniles May 26, 1999
People v. Gatson
Victim's statements that she was robbed are properly admitted under dying declaration exception to hearsay rule.
Criminal Law and Procedure May 26, 1999
Parage v. Couedel
Failure to become aware of probate proceedings after publication notice isn't mistake permitting relief from judgment.
Probate and Trusts May 26, 1999
Galante Vineyards v. Monterey Peninsula Water Management District
Party can bring action to set aside environmental impact report approval if objection raised before certification.
Environmental Law May 26, 1999
Oubre v. Entergy Operations Inc.
Release that doesn't comply with Older Workers Benefit Protection Act cannot bar former employee's claims.
Employment Law May 26, 1999
Brogan v. United States
No exception to federal statutory criminal liability for false statement consisting of mere 'exculpatory no.'
Criminal Law and Procedure May 26, 1999
Gentis v. Safeguard Business Systems, Inc., et al.
Persons who solicit orders but lack authority to enter contracts are franchisees.
Contracts May 26, 1999
Bankruptcy of Magno
Untimely amended complaint stating new grounds for nondischargeability does not relate-back to original complaint.
Bankruptcy May 26, 1999
South Dakota v. Yankton Sioux Tribe
Language of Act of 1894 shows Congressional intent to diminish Yankton Reservation.
Native American Affairs May 26, 1999
Allentown Mack Sales & Service Inc. v. NLRB
Board's reasonable doubt test for employer polling is consistent with statute but evidence doesn't support findings.
Labor Law May 26, 1999
People v. Moenius
Evidence is sufficient to establish prior burglary convictions were qualifying felony convictions under three strikes law.
Criminal Law and Procedure May 26, 1999
Weddington Productions Inc. v. Flick
Court cannot enforce 'order enforcing settlement agreement' issued by private judge in voluntary mediation.
Civil Procedure May 26, 1999
First Presbyterian Church of Berkeley v. City of Berkeley
Ellis Act pre-empts municipal regulations regarding landlord's ability to demolish residential property but not environmental regulations.
Real Property May 26, 1999
Beckstead v. WCAB
Workers' Compensation Appeals Board abuses its discretion by not considering injured employee's cumulative trauma injury.
Workers' Compensation May 26, 1999
Wawanesa Mutual Insurance Co. v. Matlock
17-year-old isn't liable for damage caused by cigarette he gave to 15-year-old.
Torts May 26, 1999