| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
99-7791
|
Zadvydas v. Davis
Detention of alien ordered removed may exceed 90-day statutory limit for reasonable time, presumably six months. |
Immigration |
|
Jul. 9, 2001 | |
|
68362-0
|
Liberty Mutual Insurance Co. v. Tripp
Insured's failure to give notice to insurer of settlement with tortfeasor won't reduce insurer's obligation unless it can show it was prejudiced. |
Insurance |
|
Jul. 9, 2001 | |
|
69382-0
|
State v. Williams
Term 'mental health' as used in criminal harassment statute is unconstitutionally vague and overbroad. |
Criminal Law and Procedure |
|
Jul. 9, 2001 | |
|
68602-5
|
Skamania County v. Columbia River Gorge Commission
Under land-use ordinance, river gorge commission failed to timely challenge county's approval of building application in scenic area. |
Civil Procedure |
|
Jul. 9, 2001 | |
|
99-15789
|
Charfauros v. Board of Elections
Amended opinion |
|
Jul. 9, 2001 | ||
|
S067271
|
Snukal v. Flightways Manufacturing Inc.
Contract between corporation and person binds corporation even if officer lacked authority to do so, provided other party not aware of lack of authority. |
Contracts |
|
Jul. 9, 2001 | |
|
B113630
|
Snukal v. Flightways Manufacturing Inc.
By statute, signatures of two corporate officers are necessary to bind corporation to lease. |
Corporations |
|
Jul. 9, 2001 | |
|
S096570
|
Souders v. Philip Morris Inc.
Order |
|
Jul. 9, 2001 | ||
|
99SC873
|
B.G.'s Inc. v. Gross
Solatium awards are not subject to reduction by operation of state's comparative negligence or pro-rata liability statues. |
Torts |
|
Jul. 9, 2001 | |
|
99SC742
|
Holliday v. Bestop, Inc.
Claimant is not entitled to statutory penalties where she fails to preserve for appeal issue of whether her employer violated lawful order of director or panel. |
Workers' Compensation |
|
Jul. 9, 2001 | |
|
99-50604
|
U.S. v. Gillett
Employee of armored car service, which transported bank's night deposit bags, has sufficient connection with bank to justify embezzlement charge. |
Criminal Law and Procedure |
|
Jul. 9, 2001 | |
|
00-2276
|
Finn v. State of New Mexico
Government employee's public criticism of government official was matter of public concern, and official does not have qualified immunity from suit. |
Civil Rights |
|
Jul. 9, 2001 | |
|
01-99002
|
Massie v. Woodford
Journalist unable to show that prisoner is incompetent lacks standing to file next friend petition to stay execution. |
Criminal Law and Procedure |
|
Jul. 9, 2001 | |
|
00SC56
|
Colantuno v. A. Tenenbaum & Co.
Joint debtor's proportionate share of indebtedness under Joint Rights and Obligations Act should be calculated on per capita basis. |
Contracts |
|
Jul. 9, 2001 | |
|
00-6085
|
U.S. v. Neal
Court didn't err basing sentence departure on defendant's previous child molestation, though guideline doesn't list it as specific-offense characteristic. |
Criminal Law and Procedure |
|
Jul. 9, 2001 | |
|
G027730
|
Garden Grove Police Dept. v. Superior Court (Reimann)
Court abuses discretion in ordering disclosure of police officers' birth dates to district attorney without requiring defendant to file 'Pitchess' motion. |
Criminal Law and Procedure |
|
Jul. 9, 2001 | |
|
A090567
|
People v. Eccleston
Admitting hearsay testimony of molested child under age 12 does not violate defendant's constitutional right to confront witnesses. |
Criminal Law and Procedure |
|
Jul. 9, 2001 | |
|
C036345
|
William G., a Minor
Department is entitled to terminate rights of Native American parent who repeatedly fails to respond to notice. |
Native American Affairs |
|
Jul. 9, 2001 | |
|
B140076
|
Solin v. O'Melveny & Myers LLP
Lawsuit incapable of complete resolution without breaching attorney-client privilege may not proceed. |
Attorneys |
|
Jul. 9, 2001 | |
|
B146114
|
Marcus T., a Minor
Juvenile who threatened school district employee cannot be convicted of both making terrorist threat and threatening public officer. |
Juveniles |
|
Jul. 9, 2001 | |
|
C033134
|
People v. Shoup
Order |
|
Jul. 9, 2001 | ||
|
B147607
|
Nelson v. Superior Court (County of Los Angeles)
Filing of tort claim is sufficient notice to alert sheriff's department that recordings of radio transmissions must be preserved for pending litigation. |
Civil Procedure |
|
Jul. 9, 2001 | |
|
G027867
|
Jeremy S., a Minor
Termination of parental rights is appropriate for adoptable child raised in unstable and abusive home. |
Juveniles |
|
Jul. 9, 2001 | |
|
C036593
|
People v. Stevens
Sentencing court has authority to compel defendant to report to parole office upon release from prison. |
Criminal Law and Procedure |
|
Jul. 9, 2001 | |
|
B134874
|
Leader v. Health Industries of America, Inc.
Mandatory relief provision allowing plaintiffs to amend complaints is not applicable where plaintiffs had ample time to amend complaint. |
Civil Procedure |
|
Jul. 9, 2001 | |
|
B141132
|
Dobler v. Arluk Medical Center Industrial Group Inc.
Probate court does not err in authorizing payment to judgment creditors from trust assets without first requiring creditors to sue trustees. |
Probate and Trusts |
|
Jul. 9, 2001 | |
|
C035616
|
Zaxis Wireless Communications Inc. v. Motor Sound Corp.
Although defendant has negative net worth, punitive damage award is not excessive because defendant has ability to pay. |
Torts |
|
Jul. 9, 2001 | |
|
A090898
|
People v. Salazar-Merino (Salazar-Merino)
Penal Code Section 114, which provides that person using false documents to conceal true citizenship shall be punished by imprisonment, is constitutional. |
Criminal Law and Procedure |
|
Jul. 9, 2001 | |
|
A088522
|
Smith v. SHN Consulting Engineers & Geologists, Inc.
Two-year statute of limitations applies to losses incurred by contractor due to architect and construction manager's alleged professional negligence. |
Civil Procedure |
|
Jul. 9, 2001 | |
|
B137620
|
Ames v. Paley
Court retains inherent power to retroactively correct judgment that failed to conform to terms of settlement agreement. |
Civil Procedure |
|
Jul. 9, 2001 |
