| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B143895
|
Los Angeles Times v. Alameda Corridor Transportation Authority
Newspaper is entitled to attorney fees for filing lawsuit that compelled disclosure of public records. |
Government |
|
Jun. 27, 2001 | |
|
B125543
|
Galvez v. Frields
Court's refusal to give jury instruction regarding negligence per se entitles child with birth defect to new trial for wrongful birth. |
Torts |
|
Jun. 27, 2001 | |
|
C036231
|
Pollak v. State Personnel Board
Trial court properly denied supplemental petition for writ of administrative mandate because res judicata barred relitigating same factual issues. |
Civil Procedure |
|
Jun. 27, 2001 | |
|
B133043
|
People v. Frazier
Jury instruction regarding prior sexual offenses allowed jury to convict defendant without finding him guilty beyond reasonable doubt. |
Criminal Law and Procedure |
|
Jun. 27, 2001 | |
|
B143524
|
People v. Hill
Profiler Plus DNA test does not embrace new scientific techniques; therefore 'Kelly/Fyre' hearing to determine its acceptance by scientific community is not required. |
Criminal Law and Procedure |
|
Jun. 27, 2001 | |
|
99-71317
|
United Food and Commercial Workers Union, Local 1036 v. NLRB
Requiring non-union members to pay for organizational activities that aren't necessary for union to perform its duties is unfair labor practice. |
Labor Law |
|
Jun. 27, 2001 | |
|
99-1211
|
Federal Election Commission v. Colorado Republican Federal Campaign Committee
Statutory limitation on amount of money a political party may spend in support of congressional candidates is an abridgment of First Amendment. |
Constitutional Law |
|
Jun. 26, 2001 | |
|
00-0096
|
In the Matter of Walker
Based on review of mitigating evidence and sanctions recommended by American Bar Association, appropriate sanction for attorney's misconduct is censure, not suspension. |
Attorneys |
|
Jun. 26, 2001 | |
|
00-0227
|
State of Arizona v. Viramontes
Court may have improperly exercised sentencing discretion by using term 'presumptive' in imposing sentence under statute that doesn't designate presumptive sentences. |
Criminal Law and Procedure |
|
Jun. 26, 2001 | |
|
98-0278
|
State v. Nordstrom
Death penalty affirmed against man convicted of murdering six people, attempted murder, armed robbery and burglary. |
Criminal Law and Procedure |
|
Jun. 26, 2001 | |
|
97-0428
|
State of Arizona v. Ring
Even though evidence doesn't support judge's finding of aggravating factors of depravity or heinousness, in light of other factors, remand isn't appropriate. |
Criminal Law and Procedure |
|
Jun. 26, 2001 | |
|
00-1279
|
Household Int'l Tax Plan v. Matz
Order |
|
Jun. 26, 2001 | ||
|
00-1456
|
Coffey v. McNair
Order |
|
Jun. 26, 2001 | ||
|
99CA1179
|
People v. Dixon
Evidence suppressed where police officer lacked probable cause to make arrest. |
Criminal Law and Procedure |
|
Jun. 26, 2001 | |
|
96-17315
|
State of Nevada v. Hicks
Tribal court has subject matter jurisdiction over claims against state officials for misconduct in enforcing tribal court-approved warrant on Indian land. |
Native American Affairs |
|
Jun. 26, 2001 | |
|
99CA1360
|
Chryar v. Wolf
Damages that are based on claim of outrageous conduct may include compensation for sentimental value of property. |
Torts |
|
Jun. 26, 2001 | |
|
99CA0905
|
People v. Copenhaver
Exigent circumstances justified warrantless search of suspect's apartment. |
Criminal Law and Procedure |
|
Jun. 26, 2001 | |
|
G024572
|
In re Marriage of Shaban
|
|
Jun. 26, 2001 | ||
|
98-35573
|
Teamsters Local Union 58 v. BOC Gases
Arbitrator properly interpreted collective bargaining agreement by determining truck driver was mentally fit to transport hazardous gases. |
Labor Law |
|
Jun. 26, 2001 | |
|
99-17113
|
Myers v. Merrill Lynch & Co. Inc.
Judgment affirmed because plaintiff's claim contending broker's failure to disclose is pre-empted by federal law was raised first time on appeal. |
Civil Procedure |
|
Jun. 26, 2001 | |
|
99-50752
|
U.S. v. Butler
Defendant's border inspection detention evolved into custody upon his being placed in holding cell and Miranda warnings should have been given. |
Criminal Law and Procedure |
|
Jun. 26, 2001 | |
|
99-55229
|
Cabazon Band of Mission Indians v. Smith
Challenged non-discriminatory state law otherwise applicable to all citizens of state applies to tribe's police vehicles when traveling on public highways off-reservation. |
Native American Affairs |
|
Jun. 26, 2001 | |
|
B141327
|
Shekhter v. Financial Indemnity Co.
Defendant may move to strike single cause of action, out of many, if underlying allegation stems from defendant's exercise of First Amendment rights. |
Civil Procedure |
|
Jun. 26, 2001 | |
|
B138713
|
White v. Browne
Motion to vacate renewal of judgment should have been granted when judgment debtor was never served with summons and complaint. |
Civil Procedure |
|
Jun. 26, 2001 | |
|
A085999
|
Krantz v. BT Visual Images LLC
Defense isn't entitled to summary judgment when it thwarted discovery and it failed to show affirmatively plaintiff couldn't establish case. |
Civil Procedure |
|
Jun. 26, 2001 | |
|
99-71518
|
Emert v. Commissioner of Internal Revenue
When deficiency notice raises possibility of adjustment, it isn't new issue and adjustment is properly considered under Tax Court Rule 155. |
Taxation |
|
Jun. 26, 2001 | |
|
99-55830
|
Fair Housing Counsel of Riverside County Inc. v. Green
When granting defendant's motion for summary judgment, trial court cannot dismiss plaintiff's motion as moot without considering its merits. |
Civil Procedure |
|
Jun. 26, 2001 | |
|
A091298
|
Gilliland v. Medical Board of California
State agency doesn't have jurisdiction to impose penalty in administrative proceeding when statute specifies action must be brought by Attorney General. |
Civil Procedure |
|
Jun. 26, 2001 | |
|
H020625
|
Wershba v. Apple Computer Inc.
Settlement of class action lawsuit against California computer company that rescinded promise of technical support was fair and reasonable. |
Civil Procedure |
|
Jun. 26, 2001 | |
|
00-30116
|
U.S. v. Salcido-Corrales
Court does not err in increasing offense level based on either defendant's role or his involvement of son in his crimes. |
Criminal Law and Procedure |
|
Jun. 26, 2001 |
