| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
98-35807, 98-36117, 98-36087 and 98-35796
|
Sea Hawk Seafoods Inc. v. Alyeska Pipeline Service Co.
Bailiff's tasteless joke to juror does not merit presumption of prejudice requiring retrial. |
Civil Procedure |
|
Jun. 1, 2000 | |
|
99-30031
|
U.S. v. Gomez-Lepe
Judge who presides over jury poll and calls into question jury unanimity violates Federal Magistrates Act. |
Criminal Law and Procedure |
|
Jun. 1, 2000 | |
|
99-30152
|
U.S. v. Wetchie
Sexual contact with sleeping minor qualifies defendant for sentence enhancement under 'vulnerable victim' adjustment. |
Criminal Law and Procedure |
|
Jun. 1, 2000 | |
|
98-50071
|
U.S. v. Ross
Intent to repay is not defense to misappropriation of postal funds. |
Criminal Law and Procedure |
|
Jun. 1, 2000 | |
|
97-35363
|
Deboer v. Pennington
Public officials who enter city-owned property and seize records from individual city contractor are not entitled to qualified immunity. |
Government |
|
Jun. 1, 2000 | |
|
98-55905
|
Simon v. Value Behavioral Health Inc.
Assignee of health care provider and patient benefit claims lacks standing to sue insurers on ERISA, RICO and antitrust claims. |
Insurance |
|
Jun. 1, 2000 | |
|
97-36118
|
West v. Secretary of the Department of Transportation
'Documented categorical exclusion' under National Environmental Policy Act does not provide appropriate level of environmental review for new highway construction project. |
Environmental Law |
|
Jun. 1, 2000 | |
|
98-10374
|
U.S. v. Stephens
Police sweep of bus for illegal drugs constitutes 'seizure' where passengers aren't told they can remain on bus and decline being questioned. |
Criminal Law and Procedure |
|
Jun. 1, 2000 | |
|
98-35577
|
Palmer v. United States (In re Palmer)
Debtor's deemed admission of tax fraud in tax litigation does not have preclusive effect in subsequent bankruptcy litigation. |
Bankruptcy |
|
Jun. 1, 2000 | |
|
98-55802 and 98-56228
|
DeGrassi v. City of Glendora
Under California Tort Claims Act, public official sued for statements made in course of official duties, isn't entitled to unconditional defense. |
Government |
|
Jun. 1, 2000 | |
|
97-10516
|
U.S. v. Hardeman
Clock begins to run for speedy trial purposes when no continuance has been granted and no pretrial motions are pending. |
Criminal Law and Procedure |
|
Jun. 1, 2000 | |
|
B135983
|
Peters v. Superior Court (People)
Petition to extend commitment of sexually violent predator must be supported by evaluations conducted by at least two practicing psychiatrists or psychologists. |
Criminal Law and Procedure |
|
Jun. 1, 2000 | |
|
B124034
|
Filet Menu Inc. v. C.C.L. & G. Inc. (LeVine)
Contract, induced by fraud, is voidable regardless of whether it is divisible. |
Contracts |
|
Jun. 1, 2000 | |
|
H019847
|
Avant! Corp. V. Superior Court (Nequist)
Trial court may deny corporation's motion to stay proceeding or discovery pending related criminal case when it protects employees' Fifth Amendment interests. |
Civil Procedure |
|
Jun. 1, 2000 | |
|
A087470
|
Kuns v. City of Ukiah
Whether premature cutting off of family's electrical power caused fire is question of fact for jury. |
Government |
|
Jun. 1, 2000 | |
|
B133690
|
Devon C., a Minor
Stop and subsequent search of minor is justified where minor is riding a bicycle on sidewalk without wearing a helmet. |
Juveniles |
|
Jun. 1, 2000 | |
|
B136095
|
PMC, Inc. v. Kadisha
Corporate shareholders, directors and officers may be held personally liable for misappropriation of trade secrets. |
Corporations |
|
Jun. 1, 2000 | |
|
A086488
|
People v. Green
California's Sexually Violent Predator Act is constitutional and does not offend equal protection principles. |
Criminal Law and Procedure |
|
Jun. 1, 2000 | |
|
E024110
|
Dunn v. Jurupa Unified School District
In Political Reform Act action against school board member and district, court may require plaintiff to post security in member's favor. |
Government |
|
Jun. 1, 2000 | |
|
C028033
|
People v. Spence
Good faith exception to exclusionary rule doesn't permit admission of evidence seized beyond conditions of probation search. |
Criminal Law and Procedure |
|
Jun. 1, 2000 | |
|
B127999
|
Pang v. Beverly Hospital Inc.
Employee's leave, to help elderly mother to move from home, isn't leave to care for parent under California family rights legislation. |
Employment Law |
|
Jun. 1, 2000 | |
|
97-50643
|
U.S. v. Montero-Camargo
Vehicle's immediate U-turn at border patrol station is factor in determining reasonable suspicion to stop vehicle. |
Criminal Law and Procedure |
|
Jun. 1, 2000 | |
|
C023075
|
California Association of Professional Scientists v. Dept. of Fish and Game
Flat fee imposed for environmental reviews is not tax that must be approved by super-majority vote of state legislature. |
Environmental Law |
|
Jun. 1, 2000 | |
|
B127813
|
Truck Insurance Exchange v. Unigard Insurance Co.
Insurer is not entitled to indemnity when it fails to notify co-insurer of possibility of contribution. |
Insurance |
|
Jun. 1, 2000 | |
|
99-17242
|
Yong v. INS
Proceedings on habeas corpus petition for detained alien may not be stayed, pending resolution of appeal in similar case, on ground of judicial economy. |
Immigration |
|
Jun. 1, 2000 | |
|
D034014
|
Small v. Superior Court
Court cannot order prison warden to alter visiting area or mandate that defendant be unshackled during court proceedings. |
Prisoners Rights |
|
Jun. 1, 2000 | |
|
E025482
|
Jones v. Union Pacific Railroad
Where plaintiff raises triable issue as to railroad's harassment it also raises triable issue of whether state tort claims are federally pre-empted. |
Torts |
|
Jun. 1, 2000 | |
|
B120256
|
Mercury Insurance Co. v. Enterprise Rent-a-Car Co. of Los Angeles
Insurance company is not entitled to subrogation when insured has not exhausted coverage of primary insurer. |
Insurance |
|
Jun. 1, 2000 | |
|
C030134
|
Arden Carmichael Inc. v. County of Sacramento
Fee imposed upon nonprofit organization, based on percentage of gross receipts from bingo games, is unconstitutional. |
Corporations |
|
Jun. 1, 2000 | |
|
98-10355
|
U.S. v. Van Loben Sels
Order |
|
Jun. 1, 2000 |