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Name Category Published
Blasiar Inc. v. Firemans Fund Ins. Co.
Insurer is justified in not paying claim for property missing from inventory where there was no physical evidence of theft.
Insurance Dec. 2, 1999
People v. Andrews
To uphold conviction for threatening a judge, the judge must know of threat and reasonably fear for his or her safety.
Criminal Law and Procedure Dec. 2, 1999
People v. Coria
The manufacturer of methamphetamine must have knowledge of the character of the substance being manufactured before being convicted.
Criminal Law and Procedure Dec. 2, 1999
People v. Norman
Stalking statute doesn't require victim's fear be contemporaneous with stalker's threats and harassment.
Criminal Law and Procedure Dec. 2, 1999
County of Solano v. Vallejo Redevelopment Agency
Redevelopment Agency's anticipatory breach of contract between agency and county to fund improvements in blighted neighborhood excuses county's performance of conditions precedent.
Contracts Dec. 2, 1999
Bauer v. City of San Diego
Evidentiary hearing required before deeming 60-day license suspension a substantial change in business so as to terminate licensee's grandfathered rights.
Administrative Agencies Dec. 2, 1999
AL Holding Co. v. O' Brien & Hicks Inc.
Failure to raise cause of action regarding amount due on an open book account in a compulsory cross-complaint justifies dismissal of case.
Civil Procedure Dec. 2, 1999
Kerollis v. DMV
Amount of alcohol in person's blood may be expressed by the breath-alcohol level, instead of the blood-alcohol concentration.
Criminal Law and Procedure Dec. 2, 1999
Fairbank v. City of Mill Valley
Proposed 5,885 square-foot retail and office building is exempt from California Environmental Quality Act Guidelines.
Environmental Law Dec. 2, 1999
Estate of Brooks v. United States
County isn't liable for failing to promptly bring a detainee before a federal judicial officer.
Prisoners Rights Dec. 2, 1999
Kelly v. City of Oakland
Claim for quid pro quo sexual harassment supports same-sex harassment case filed before same-sex 'hostile environment' harassment was federally recognized.
Employment Law Dec. 2, 1999
Yaden v. Robinson (In re Robinson)
Oregon law, limiting garnishment of earnings, serves as an exemption statute in bankruptcy.
Bankruptcy Dec. 2, 1999
Missoula Federal Credit Union v. Reinertson (In re Reinertson)
Order approving reaffirmation agreement cannot be vacated where debtors missed the one-year cutoff for seeking relief from judgment.
Bankruptcy Dec. 2, 1999
United Student Aid Funds Inc. v. Nascimento (In re Nascimento)
Discharge of student loan debt is improper where debtor didn't prove she was living at minimal standard or was unable to repay loans.
Bankruptcy Dec. 2, 1999
Darling, Hall & Rae v. Kritt
The trial court may, by its own motion, reconsider a summary judgment motion it previously ruled upon.
Civil Procedure Dec. 2, 1999
U.S. v. Lombera-Camorlinga
Order
Dec. 2, 1999
People v. Rains
Doctors' testimony regarding result of a 'true' finding against a sexually violent predator isn't improper, unless it results in miscarriage of justice.
Criminal Law and Procedure Dec. 2, 1999
Sacramento Brewing Co. v. Desmond, Miller & Desmond
Erroneous labeling of debtor in bankruptcy case, which defames misidentified debtor, is covered by the litigation privilege.
Torts Dec. 2, 1999
Wilson v. State Board of Education (California Network of Educational Charters)
Charter schools are part of the public school system, and may spend public appropriations.
Administrative Agencies Dec. 2, 1999
People v. Roundtree
Continued sexual intercourse against a person's will is rape, even if initial penetration was consensual.
Criminal Law and Procedure Dec. 2, 1999
People v. Andrews
To uphold conviction for threatening a judge, the judge must know of threat and reasonably fear for his or her safety.
Criminal Law and Procedure Dec. 2, 1999
People v. Rains
Doctors testimony regarding result of a true finding against a sexually violent predator isnt improper, unless it results in miscarriage of justice.
Criminal Law and Procedure Dec. 2, 1999
Alejo v. City of Alhambra
City may be liable when police officers fail to investigate and report reasonable suspicions of child abuse, and child suffers further abuse.
Government Dec. 2, 1999
Certain Underwriters at Lloyd's London v. Superior Court (Powerine Oil Co.)
Insurer has no duty to indemnify insured for the expense of complying with formal administrative environmental cleanup orders.
Environmental Law Dec. 2, 1999
Borg-Warner Protective Services Corp. v. Superior Court (Syroco Inc.)
Security guard company isn't liable for arson committed by employee who was acting outside the scope of employment.
Torts Dec. 2, 1999
Keimer v. Buena Vista Books Inc.
Advertising false statements on book and videotape covers, which also are false in book and videotapes themselves, aren't protected under First Amendment.
Constitutional Law Dec. 2, 1999
Monarch Bay II v. Professional Service Industries Inc.
Purchaser of a manufacturer's assets is liable only for claims of strict products liability, and not claims of negligence.
Torts Dec. 2, 1999
Sun Microsystems Inc. v. Microsoft Corp.
District court must see whether licensing agreement is limited in scope of license or independent before invoking presumption in copyright infringement.
Intellectual Property Dec. 2, 1999
Household Credit Services Inc. v. Ettell (In re Ettell)
In determining the dischargeability of credit card debt on the basis of fraud, the court can consider circumstantial evidence in addition to the 12 'Dougherty' factors.
Bankruptcy Dec. 2, 1999
Midway Farms v. U.S. Dept. of Agriculture
Raisin processor has standing to contest U.S. Dept. of Agriculture's determination that it is subject to the department's marketing orders.
Administrative Agencies Dec. 2, 1999