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Name Category Published
Haley v. Dow Lewis Motors
Trial court must allow plaintiff opportunity to amend his complaint to substitute a bankruptcy trustee as a party plaintiff.
Civil Procedure May 20, 1999
Bollinger v. San Diego Civil Service Commission
Police department employee isn't entitled to written notification of his right to a public hearing 24-hours before he is demoted.
Administrative Agencies May 20, 1999
People v. Elize
Defendant's convictions for assault and battery cannot stand due to failure to give jury instruction on self-defense.
Criminal Law and Procedure May 20, 1999
Estrada v. Ramirez
Jurisdiction to review appeal from order imposing discovery sanctions, rests with the appellate department of the superior court.
Civil Procedure May 20, 1999
General Dynamics Corp. v. WCAB
Asbestos exposure claim could be barred on res judicata grounds if injury known at time of prior settlement for asthma injury.
Workers' Compensation May 20, 1999
Farmers Insurance Exchange v. Smith
Although injured policyholder receives payments from insurer and tortfeasor, his attorney can't be forced by insurer to act as a collection agent.
Insurance May 20, 1999
Sutter's Place Inc. v. Kennedy
Fee collection practices used to collect on bets at certain card games doesn't violate 'percentage game' statute.
Criminal Law and Procedure May 20, 1999
Estate of Beard
Set aside original settlement order invalidates order for preliminary distribution of property derived from settlement.
Probate and Trusts May 20, 1999
Safeco Insurance Co. of America v. Superior Court (McKinney)
Insurer defending action is not bound by stipulated judgment entered into without insurer's consent.
Insurance May 20, 1999
Construction Industry Force Account Council v. Amador Water Agency
Agency has statutory authority to use its own personnel to complete project and isn't required to advertise for bids from outside contractors.
Contracts May 20, 1999
Paykar Construction Inc. v. Bedrosian
Creditor must apply for fair value determination on property sold pursuant to judicial foreclosure within three months of highest bid received at auction.
Real Property May 20, 1999
Owen v. Apfel
Order
Administrative Agencies May 20, 1999
James v. Scott
Order
Criminal Law and Procedure May 20, 1999
Herman v. Los Angeles County Metropolitan Transportation Authority
Limitations period for seeking judicial review of termination from employment only applies if party, rather than attorney, is served with requisite notice.
Administrative Agencies May 20, 1999
Jones v. Adams Financial Services
Arbitration provision is unenforceable where execution of entire agreement obtained by fraud.
Contracts May 20, 1999
Matthew P., a Minor
Due process rights of de facto parents are violated if they are denied the right to confrontation and the right to be heard.
Juveniles May 20, 1999
Estrada v. Ramirez
Jurisdiction to review appeal from order imposing discovery sanctions, rests with the appellate department of the superior court.
Civil Procedure May 20, 1999
Hon. Hilda L. Solis, Member of the California State Senate
Notice & voter approval necessary before municipal water district assesses standby charge at higher rate.
Administrative Agencies May 20, 1999
The California Law Enforcement Telecommunications Advisory Committee
California Law Enforcement Telecommunications System can be used by city providing parking citation management services to another city under contract.
Government May 20, 1999
Hon. Robert Westmeyer, County Counsel Napa County
Alternate member of Local Agency Formation Commission can participate in public hearings, but can't attend closed sessions unless covering for regular member.
Administrative Agencies May 20, 1999
Hon. Dean D. Flippo, District Attorney, Monterey County
Prohibition of firearm in school zone applies to firearm in two parts that assemble into one with push of button and shift of pin.
Criminal Law and Procedure May 20, 1999
Hongsathavij v. Queen of Angels/Hollywood Presbyterian Medical Center
Appeal board applies correct standard and relies on substantial evidence in removing physician from call panel.
Administrative Agencies May 19, 1999
People v. Leon
Review granted
May 19, 1999
U.S. v. McClain
Double jeopardy isn't violated by resentencing defendant within original 'package' sentence after conviction vacated.
Criminal Law and Procedure May 19, 1999
People v. Hamilton
Unlawful use of tear gas weapon doesn't require that the weapon be loaded or operable.
Criminal Law and Procedure May 19, 1999
National Credit Union Administration v. First National Bank & Trust Co.
Commercial banks have standing to seek federal court review of National Credit Union Administration's statutory interpretation.
Banking May 19, 1999
Alaska v. Native Village of Venetie Tribal Government
Tribe cannot collect taxes for conducting business on tribal land since land isn't 'Indian Country.'
Native American Affairs May 19, 1999
San Dieguito Partnership, L.P. v. San Dieguito River Valley Regional Open Space Park Joint Powers Authority
Attorney fee award in California Environmental Quality Act action is excessive.
Environmental Law May 19, 1999
People v. Chany
Legislative elimination of substantive offense within gang statute requires overturning convictions under statute.
Criminal Law and Procedure May 19, 1999
People v. Leon
Order
May 19, 1999