| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S077785
|
People v. Rizo
Defendant may be convicted of manufacture of false government documents intended for illegal aliens, but sold to U.S. citizens. |
Criminal Law and Procedure |
|
May 5, 2000 | |
|
B128437
|
Small v. Hall's Furniture Defined Benefit Pension Plan
When defendants dismiss their appeal because counsel determined that appeal would serve no purpose, parties should bear own appeal costs. |
Civil Procedure |
|
May 5, 2000 | |
|
B134730
|
People v. Andrade
Defense counsel's tactical decision not to call defendant as witness produces unjust result that merits new trial. |
Criminal Law and Procedure |
|
May 5, 2000 | |
|
G017633
|
Smith v. Laguna Sur Villas Community Assn.
Condominium associations are holders of attorney-client privilege and are not required to disclose privileged information to individual homeowners. |
Real Property |
|
May 5, 2000 | |
|
98-10323
|
U.S. v. Ramon-Ortega
Defendant's Sixth Amendment rights are violated when INS agent interrogates defendant outside counsel's presence on criminal conduct not related to immigration. |
Criminal Law and Procedure |
|
May 5, 2000 | |
|
99-50216
|
U.S. v. Olafson
Court may admit hearsay statement and isn't required to allow phone depositions even though it would've avoided safety and administrative concerns. |
Immigration |
|
May 5, 2000 | |
|
95-15300 and 95-16641
|
Firebaugh Canal Co. v. United States
San Luis Act requires federal government to provide drainage service for agricultural areas receiving irrigation in California's Central Valley. |
Environmental Law |
|
May 5, 2000 | |
|
98-15017
|
Farrar v. McKown (In re McKown)
IRA account is exempt from bankruptcy estate and is, therefore, shielded from creditors. |
Bankruptcy |
|
May 5, 2000 | |
|
98-16047
|
AT&T Communications System v. Pacific Bell
Exhaustion of remedies isn't prerequisite to review of California Public Utilities Commission orders by California state courts. |
Administrative Agencies |
|
May 5, 2000 | |
|
98-16485
|
Flick v. Liberty Mutual Fire Insurance Co.
Private insurance company's policies are subject to National Flood Insurance Program's strict compliance rule when funds are drawn from U. S. Treasury. |
Insurance |
|
May 5, 2000 | |
|
97-56590
|
Commodity Futures Trading Commission v. Topworth International Ltd.
Commodity Futures Trading Commission can regulate trades involving both foreign currency and precious metals. |
Securities |
|
May 5, 2000 | |
|
F031759
|
Greene v. Cutler
Action to recover child support arrearages may brought at any time until support judgment is paid in full. |
Family Law |
|
May 5, 2000 | |
|
98-15967
|
Wasson v. Sonoma County Junior College
Public employee has no retaliation claim against employer for free speech rights violation when employee denies having made speech in question. |
Employment Law |
|
May 5, 2000 | |
|
S064558
|
People v. Martinez
Prosecution's filing of felony complaint, with or without issuance of arrest warrant, isn't sufficient to engage federal Constitution's speedy trial protection. |
Criminal Law and Procedure |
|
May 5, 2000 | |
|
98-16322
|
Rucker v. Davis
Public housing agency may evict tenant because of household member's drug-related activity even though tenant is unaware of activity. |
Administrative Agencies |
|
May 4, 2000 | |
|
98-16323
|
U.S. v. Guess
Drug manufacturer does not 'use' firearm in violation of federal law if arresting officers were not aware that he possessed loaded handgun. |
Criminal Law and Procedure |
|
May 4, 2000 | |
|
98-55263
|
Garvey v. Roberts
When arbitrator's finding is inexplicable and borders on irrational, award must be vacated. |
Labor Law |
|
May 4, 2000 | |
|
99-15852
|
Sony Computer Entertainment Inc. v. Connectix Corp.
Intermediate copies made by computer software manufacturer to 'reverse engineer' competitor's copyrighted program to make non-infringing emulation is protected under Copyright Act. |
Intellectual Property |
|
May 4, 2000 | |
|
H020212
|
Kenny A., a Minor
Defendant cannot be committed to county jail when he was minor at time of offense. |
Juveniles |
|
May 4, 2000 | |
|
F030423
|
In re Castro
Court must appoint director of regional center for developmentally disabled to evaluate defendant's competency before proceeding to trial. |
Criminal Law and Procedure |
|
May 4, 2000 | |
|
B137074
|
American Golf Corp. v. Superior Court (Becker)
Golfer's personal injury action against golf course for negligent design and placement of yardage marker is barred by assumption of risk doctrine. |
Torts |
|
May 4, 2000 | |
|
A079608
|
People v. Jacobs
Prior felony convictions are admissible to challenge defendant's credibility, even when defendant does not testify. |
Criminal Law and Procedure |
|
May 4, 2000 | |
|
H017519
|
People v. Thompson
Court isn't required to instruct jury that 'unlawful killing' is killing without excuse or justification when neither defense is presented at trial. |
Criminal Law and Procedure |
|
May 4, 2000 | |
|
D032261
|
People v. Garcia
Substantial evidence of premeditation and deliberation supports defendant's conviction for first-degree murder. |
Criminal Law and Procedure |
|
May 4, 2000 | |
|
E024780
|
Inter Mountain Mortgage Inc. v. Sulimen
Summary judgment is improper where dispute exists whether employee committed fraudulent acts within scope of employment. |
Torts |
|
May 4, 2000 | |
|
B130852
|
ML Direct Inc. v. TIG Specialty Insurance Co.
Prior litigation exclusion in directors and officers policy is not ambiguous. |
Insurance |
|
May 4, 2000 | |
|
E023997
|
Tellis v. Contractors State License Board
Licensed contractor violates state regulations when he knows his work is substandard and fails to correct defects. |
Administrative Agencies |
|
May 4, 2000 | |
|
C032812
|
People v. Gardineer
Defendant cannot object to probation condition for first time on appeal. |
Criminal Law and Procedure |
|
May 4, 2000 | |
|
B131860
|
People v. Orellano
Defendant may not be convicted of current sex crime merely upon proof that he committed prior sex crime. |
Criminal Law and Procedure |
|
May 4, 2000 | |
|
B128065
|
People v. Ramsey
Trial court must impose state and county penalty assessments upon $5,000 fine levied for environmental offenses. |
Criminal Law and Procedure |
|
May 4, 2000 |