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Name Category Published
Hirsh v. Lamaute (In re Hirsh)
Sanctions and dismissal appropriate where appeal lacks merit and brief is inadequate. 		Bankruptcy Sep. 28, 1999
Hirsh v. Lamaute (In re Hirsh)
Where material is withheld and lawful court orders are not complied with, default judgment and denial of discharge are appropriate. 		Bankruptcy Sep. 28, 1999
J and D Equipment Rentals Inc. v. Capurro (In re J and D equipment Rentals Inc.)
Factual finding is not clearly erroneous where debtor attempted to manipulate bankruptcy system and judicial process. 		Bankruptcy Sep. 28, 1999
Michaels v. Bank of America National Trust & Savings Association (In re Nelson)
Debtor's estate has no interest in property that was properly foreclosed upon and sold to third party. 		Bankruptcy Sep. 28, 1999
Michaels v. Las Palmas Professional Center Inc. (In re Nelson)
Abstention is permissible where state law issue is entangled with automatic stay issue. 		Bankruptcy Sep. 28, 1999
Peia v. United States of America
Federal Tort Claims Act claims are dismissed where administrative claim is not brought before appropriate agency before filing of action. 		Bankruptcy Sep. 28, 1999
Eising v. Locke (In re Wescot International Inc.)
Debtor is entitled to relief from default judgment due to unconscionable penalty which is out of proportion to original claim. 		Bankruptcy Sep. 28, 1999
In re Kuraihi
Spendthrift provision in self-settled trust is not enforceable under California law and does not support exclusion from estate assets. 		Bankruptcy Sep. 28, 1999
Wepsic v. Josephson (In re Wepsic)
Debtor is entitled to attorney fees and costs as prevailing party in action against creditor for violations of Truth In Lending Act. 		Bankruptcy Sep. 28, 1999
Lefcourt v. Superior Court
Opinion 		Government Sep. 27, 1999
Calstar Corp. v. Debbie Reynolds Hotel & Casino Inc. (In re Debbie Reynolds Hotel & Casino Inc.)
Surcharge of oversecured creditor is proper, but distribution of surcharge funds to administrative claimant to the exclusion of superpriority claimant is improper. 		Bankruptcy Sep. 24, 1999
Robert J. Williams Inc. v. Official Unsecured Creditors' Committee (In re Connolly)
Oversecured creditor is not entitled to attorney fees incurred to defend preference action, despite attorney fees provision in creditor's security agreement. 		Bankruptcy Sep. 24, 1999
B.C. v. Plumas Unified School District
Absent drug problem or reasonable suspicion, school officials can't permit drug-detecting dog to sniff students. 		Civil Rights Sep. 24, 1999
Marquez on Habeas Corpus
Order 		Sep. 24, 1999
People v. Dibernardo
Review granted 		Sep. 24, 1999
Viad Corp. v. Superior Court (Pena)
Review granted 		Sep. 24, 1999
Durgom v. Janowiak
If well-pleaded complaint alleges only nonpayment of royalties, raising federal-question defense doesn't divest state court of jurisdiction. 		Civil Procedure Sep. 23, 1999
Overly v. Ingalls Shipbuilding Inc.
Worker exposed to asbestos is entitled to recover prospective earnings for 'lost years' due to diminished life expectancy. 		Torts Sep. 23, 1999
City of Costa Mesa v. Connell
City may not spend state gas tax funds on golf course leases or bonds that are not voter-approved. 		Government Sep. 23, 1999
Janee J., a Minor
Parent is precluded from raising ineffective assistance of counsel after rights have been terminated and adoption proceeding has begun. 		Juveniles Sep. 23, 1999
People v. Baker
Felony-murder rule doesn't elevate resulting death to first-degree murder where intended felony was assault with deadly weapon. 		Criminal Law and Procedure Sep. 23, 1999
Harris v. Rudin, Richman & Appel
Although alleged settlement agreement between law firm and former client is unenforceable, plaintiff can amend complaint to pursue breach of contract claim. 		Attorneys Sep. 23, 1999
People v. Gaston
Sentencing court abuses its discretion when striking prior felony conviction without first considering the 'spirit' of the three strikes law. 		Criminal Law and Procedure Sep. 23, 1999
CJS Co. v. WCAB
Workers' compensation claim by employee who voluntarily resigned is not barred by fraudulent claims provision of Labor Code. 		Workers' Compensation Sep. 23, 1999
People v. Aparicio
Waiver of right to appeal prior case is enforceable when part of a plea agreement in a subsequent case. 		Criminal Law and Procedure Sep. 23, 1999
Kleitman v. Superior Court (Wesley)
Court can't compel city council members to disclose personal recollections of closed city council meeting even if Brown Act violation alleged. 		Government Sep. 23, 1999
Neverkovec v. Fredericks
Broad general release doesn't release tortfeasor who was not party to release agreement, unless agreement was intended to release him. 		Torts Sep. 23, 1999
People v. Gonzales
Defendant entitled to instruction on accident defense in domestic violence case where there's substantial evidence of accident and defendant relies upon it. 		Criminal Law and Procedure Sep. 23, 1999
People v. Callahan
Defendant isn't precluded from introducing specific instances of good behavior, when state introduces evidence of defendant's prior bad acts. 		Criminal Law and Procedure Sep. 23, 1999
Dawnel D. v. Superior Court (Orange County Social Services Agency)
Where juvenile court determines during wrong time frame that parent and child aren't likely to reunify, re-examination of likely reunification is necessary. 		Juveniles Sep. 23, 1999
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