| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S073068
|
People v. Reth
Order |
Criminal Law and Procedure |
|
Oct. 8, 2000 | |
|
B113293
|
Marriage of Pendleton and Fireman
Spousal support waivers and limitations that are not contrary to public policy are enforceable. |
Family Law |
|
Oct. 8, 2000 | |
|
E020480
|
Johnson v. City of Loma Linda
Former employee's failure to seek review of adverse administrative ruling bars wrongful termination claim. |
Employment Law |
|
Oct. 8, 2000 | |
|
A080224
|
Armendariz v. Foundation Health Psychcare Services, Inc.
Pre-employment arbitration agreement is enforced by severing unconscionable remedies restriction provision. |
Employment Law |
|
Oct. 8, 2000 | |
|
A073378
|
People v. Blakeley
Trial court can exclude jury instruction making imperfect self-defense a defense to involuntary manslaughter. |
Criminal Law and Procedure |
|
Oct. 8, 2000 | |
|
A070864 and A071375
|
Kraus v. Trinity Management Services, Inc.
Landlord's 'tenant initiation expense reimbursement' fee is an illegal security. |
Real Property |
|
Oct. 8, 2000 | |
|
G020102
|
People v. Castenada
Insurer owes no duty to applicant's potential victims once applicant is notified he is uninsured. |
Criminal Law and Procedure |
|
Oct. 8, 2000 | |
|
E017881, E018923, E018023 and E018681
|
City of Barstow v. Mojave Water Agency
Court errs in adjudicating water priorities based on equitable apportionment without regard for farmers' water rights. |
Real Property |
|
Oct. 8, 2000 | |
|
A075456 and A078523
|
Cortez v. Purolator Air Filtration Products Co.
Restitution of illegally withheld overtime wages is appropriate in action under Unfair Business Practices Act. |
Labor Law |
|
Oct. 8, 2000 | |
|
S057197
|
In re the Adoption of Haley A.
Order |
|
Oct. 8, 2000 | ||
|
S075942
|
Armendariz v. Foundation Health Psychcare Services Inc.
Pre-employment arbitration agreement is enforced by severing unconscionable remedies restriction provision. |
Employment Law |
|
Oct. 8, 2000 | |
|
99-15515
|
U.S. v. Villa-Gonzalez
Ineffective assistance of counsel motion must meet statutory requirements. |
Criminal Law and Procedure |
|
Oct. 8, 2000 | |
|
99-10381
|
U.S. v. Upshaw
Conviction of Native American for assault resulting in serious bodily injury leads to upper adjustment in sentencing. |
Criminal Law and Procedure |
|
Oct. 8, 2000 | |
|
99-9464
|
Miller v. Provident Life and Accident Insurance Co.
Court bars state law claims as pre-empted by ERISA, but allows plaintiffs to amend their complaint to seek ERISA relief. |
Employment Law |
|
Oct. 8, 2000 | |
|
98-0354
|
Childress Buick Co. v. O'Connell
Buyer who possessed vehicle but failed to obtain credit approval was not owner of vehicle at time of accident. |
Contracts |
|
Oct. 8, 2000 | |
|
S075510
|
Scott on Habeas Corpus
Review granted |
Criminal Law and Procedure |
|
Oct. 5, 2000 | |
|
S084057
|
Certain Underwriters at Lloyd's of London v. Superior Court (Powerline Oil Co.)
Review granted |
|
Oct. 5, 2000 | ||
|
S086967
|
People v. Thomas
Review granted |
Criminal Law and Procedure |
|
Oct. 5, 2000 | |
|
98-55456
|
Adler v. The Federal Republic of Nigeria
Criminal conspiracy to defraud foreign nation can provide federal jurisdiction under 'commercial activity' exception to Foreign Sovereign Immunity Act. |
Civil Procedure |
|
Oct. 5, 2000 | |
|
98-35536
|
Kibler v. Walters
Prisoner doesn't exhaust federal constitutional claim in motion for discretionary review when claim was only referenced in brief submitted to lower court. |
Criminal Law and Procedure |
|
Oct. 5, 2000 | |
|
S056079
|
People v. Dingman
Review granted |
|
Oct. 5, 2000 | ||
|
S058438
|
People v. Dew
Order |
|
Oct. 5, 2000 | ||
|
98-56261
|
Pershing Park Villas v. United Pacific Insurance Co.
Homeowners cannot recover directly from insurer without establishing that their claim was covered under the policy. |
Insurance |
|
Oct. 5, 2000 | |
|
97-36074
|
Right v. Riveland
Washington statute authorizing deduction of funds received by inmates from outside sources does not violate due process. |
Constitutional Law |
|
Oct. 5, 2000 | |
|
97-55262
|
Duran v. City of Maywood
Court did not abuse discretion in failing to give 'Alexander' instruction when no facts showed police actions were excessive or unreasonable. |
Criminal Law and Procedure |
|
Oct. 5, 2000 | |
|
98-56219
|
Solis v. Garcia
Jurors are not required to unanimously agree upon basis for guilt in reaching unanimous guilty verdict when alternate legally valid theories exist. |
Criminal Law and Procedure |
|
Oct. 5, 2000 | |
|
98-56166
|
Disalvo v. PeJoTc (In re Disalvo)
Chapter 11 Debtor who pursues rights as debtor-in-possession in nondischargeability litigation is barred from advancing debtor-in-possession claims in same forum. |
Bankruptcy |
|
Oct. 5, 2000 | |
|
97-15127
|
Bass v. First Pacific Networks Inc.
Where supersedeas bond is issued pursuant to Federal Rules, federal law regarding recoverability of attorney fees applies. |
Civil Procedure |
|
Oct. 5, 2000 | |
|
97-55628
|
Tocher v. City of Santa Ana
Municipal ordinances regulating towing businesses' interactions with private individuals are pre-empted by federal statute. |
Government |
|
Oct. 5, 2000 | |
|
99-35799
|
Big Horn County Electric Cooprative Inc. v. Adams
Tribe exceeds its regulatory jurisdiction in assessing ad valorem tax on value of non-member utility property located on the equivalent of non-Indian fee land. |
Native American Affairs |
|
Oct. 5, 2000 |