| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
A081330
|
Deschene v. Pinole Point Steel Co.
Grant of summary judgment to employer on employee's wrongful termination and discrimination claims are improper where material issues of dispute exist. |
Employment Law |
|
Dec. 30, 1999 | |
|
S068840
|
People v. Zermeno
Assault by gang member, and aiding by fellow gang member, is only single offense for Street Terrorism Enforcement and Prevention Act purposes. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
D031953
|
People v. Balestra
Consent to warrantless searches is a reasonable term of probation for an elder-abuse conviction. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
B127817
|
Johnson v. Kotyck
Beneficiary of revocable trust isn't entitled to trust accounting, despite infirmity and conservatorship of trustor. |
Probate and Trusts |
|
Dec. 30, 1999 | |
|
B127891
|
People v. Vichroy
Jury instruction permitting jury to consider defendant's prior sex offenses as evidence of propensity to commit the charged offense violates due process. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
B130556
|
Mylan Laboratories Inc. v. Soon-Shiong
Intervention by nonparty holder of attorney-client privilege isn't necessary to assert the privilege, nor does the privilege require intervention. |
Civil Procedure |
|
Dec. 30, 1999 | |
|
B121020
|
Midiman v. Farmers Insurance Co.
In copyright infringement case, insured isn't entitled to independent counsel to defend suit, nor entitled to presumption that underlying claims are legitimate. |
Insurance |
|
Dec. 30, 1999 | |
|
98-55219
|
Honey v. Distelrath
Postdeprivation state tort remedies don't bar public employee's wrongful discharge action when employer has power to effect deprivation. |
Employment Law |
|
Dec. 30, 1999 | |
|
98-70162
|
Konstantinova v. INS
Board of Immigration Appeals may waive procedural errors when circumstances warrant. |
Immigration |
|
Dec. 30, 1999 | |
|
C030209
|
Marriage of Dacumos
Imputing rental income based on fair market rental value of property in determining child support payments isn't abuse of discretion. |
Family Law |
|
Dec. 30, 1999 | |
|
C028525
|
Pulaski v. California Occupational Safety and Health Standards Board
Occupational Safety and Health Board's regulations regarding repetitive motion injuries are mostly valid. |
Administrative Agencies |
|
Dec. 30, 1999 | |
|
96-16021
|
Owens Valley Indian Housing Authority v. Turner
Order |
|
Dec. 30, 1999 | ||
|
97-36091
|
Oliver v. Sealaska Corp.
Alaska Native Claims Settlement Act does not create independent cause of action for individual or class to enforce statute's revenue-sharing requirements. |
Native American Affairs |
|
Dec. 30, 1999 | |
|
98-35732
|
Smith v. Marsh
Motion to intervene is untimely after significant amount of time has passed, intervention would cause delay, and no explanation for delay exists. |
Civil Procedure |
|
Dec. 30, 1999 | |
|
98-50371
|
U.S. v. Clark
State prohibition of practicing law without a license is assimilated into federal law under the Assimilative Crimes Act. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
F029835
|
County of Kern v. Castle
Inheritance isn't gross income for child support purposes, but change in disposable income is to be considered by the trial court. |
Family Law |
|
Dec. 30, 1999 | |
|
B122920
|
Williamson v. Prida
Veterinary doctor, who administers three injections in race horse that causes swelling in horse's neck, doesn't breach standard of care. |
Torts |
|
Dec. 30, 1999 | |
|
G018532
|
Lupash v. City of Seal Beach
City owes no duty to warn participant in city-sponsored junior lifeguard program against uneven ocean floor. |
Torts |
|
Dec. 30, 1999 | |
|
A081134
|
People v. Somersall
Consultation of legal dictionary, provided by bailiff, for the definition of 'malice' is jury misconduct. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
98-10359
|
U.S. v. Duran-Orozco
No exigent circumstances justifying warrantless entry into residence exist when government agents concede they could have guarded house's perimeter. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
F031435
|
People v. Suon
Withdrawal of guilty plea, on ground that court failed to advise defendant of possible adverse immigration consequences, requires proof of noncitizenship. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
97-56472
|
ALLTEL Information Services Inc. v. Federal Deposit Insurance Corp.
Financial Institutions Reform, Recovery and Enforcement Act precludes recovery of damages for lost profits. |
Banking |
|
Dec. 30, 1999 | |
|
98-15061
|
Spivey v. Rocha
Aider and abettor is required to have intent to encourage criminal activity, but needn't share perpetrator's intent to commit that specific offense. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
98-15862
|
Planned Parenthood of Southern Arizona v. LaWall
Parental consent statute for abortion, containing provisions for intermediate judicial bypass and open-ended medical emergency, isn't constitutional. |
Constitutional Law |
|
Dec. 30, 1999 | |
|
97-50643
|
U.S. v. Montero-Camargo
Order |
|
Dec. 30, 1999 | ||
|
97-56734
|
Lockheed Martin Corp. v. Network Solutions Inc.
Internet domain name isn't a product for Lanham Trademark Act purposes. |
Intellectual Property |
|
Dec. 30, 1999 | |
|
97-55579
|
Wallis v. Spencer
Uninvestigated report from institutionalized patient and mistaken belief about existence of court order are insufficient to warrant removing children from parents' custody. |
Civil Rights |
|
Dec. 30, 1999 | |
|
97-71045
|
Sebastian-Sebastian v. INS
When reviewing asylum request, Court of Appeals is required to defer to the factual findings of the administrative authorities. |
Immigration |
|
Dec. 30, 1999 | |
|
98-15942
|
Great Lakes Higher Education Corp. v. Pardee (In re Pardee)
Creditor, who didn't object to Chapter 13 plan or confirmation order, waives right to attack plan postconfirmation for improperly discharging debt. |
Bankruptcy |
|
Dec. 30, 1999 | |
|
97-55046
|
Sanders v. Union Pacific Railroad Co.
District court's law clerk can't conduct final pretrial conference. |
Judges |
|
Dec. 30, 1999 |