| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
A083019
|
Valiyee v. DMV
Motor vehicle dealer licensee can't abdicate all responsibility for car dealership to lessee of dealership, but must supervise, manage, or control. |
Business Law |
|
Oct. 21, 1999 | |
|
E024026
|
San Bernardino Community Hospital v. WCAB
Workers' Compensation Appeals Board abuses its discretion by allowing a party to introduce evidence not disclosed in the pretrial conference statement. |
Workers' Compensation |
|
Oct. 21, 1999 | |
|
C025177
|
People v. Hunt
Court-martial conviction in Germany isn't a conviction 'in another state' for Sexually Violent Predators Act purposes. |
Criminal Law and Procedure |
|
Oct. 21, 1999 | |
|
C031558
|
Alt v. Superior Court (People)
Personnel records of police officer not present during arrest or before booking are discoverable unless discovery relates to arrest or prebooking conduct. |
Criminal Law and Procedure |
|
Oct. 21, 1999 | |
|
A082242
|
Williams v. Board of Permit Appeals
Trial court properly denies attorney fees where appellant had a significant individual stake in the outcome of the litigation. |
Civil Procedure |
|
Oct. 21, 1999 | |
|
A085447
|
In re Bode
There is no 30-day deadline for providing life prisoners with transcripts of their parole hearings. |
Criminal Law and Procedure |
|
Oct. 21, 1999 | |
|
B130842
|
Bolkiah v. Superior Court (Bijan Fragrances Inc.)
Failure to hold an official position in foreign government precludes defendants from asserting Foreign Sovereign Immunities Act for service of process purposes. |
Civil Procedure |
|
Oct. 21, 1999 | |
|
H019262
|
City of San Jose v. Superior Court (San Jose Mercury News Inc.)
City may refuse to disclose to newspaper identities of people complaining about airport noise. |
Government |
|
Oct. 21, 1999 | |
|
B117061
|
Saunders v. Weissburg & Aronson
Although attorney has fiduciary duty to clients to protect clients interest, that duty doesn't extend to co-counsel. |
Attorneys |
|
Oct. 21, 1999 | |
|
99-1531
|
Danh v. Demore
Mandatory detention with no possibility of bond, pending deportation for committing an aggravated felony, violates lawful permanent residents' substantive due process rights. |
Immigration |
|
Oct. 21, 1999 | |
|
S051274
|
California Teachers Association v. Governing Board of Rialto Unified School District
Statute provides advantage to presently employed and otherwise qualified credentialed teachers for athletic coaching vacancies. |
Education |
|
Oct. 20, 1999 | |
|
A068910
|
Aydin Corp. v. First State Insurance Co.
Jury instruction requiring insurer to prove nonexistence of policy's 'sudden and accidental' coverage is prejudicial error. |
Insurance |
|
Oct. 20, 1999 | |
|
G015835
|
American International Adjustment Co. v. Crawford
Workers' compensation insurer isn't sanctionable for filing tort action and administrative complaint for same alleged fraud. |
Workers' Compensation |
|
Oct. 20, 1999 | |
|
F024218
|
People v. Rusco
Simple possession charge is lesser included offense to possession of same marijuana for sale. |
Criminal Law and Procedure |
|
Oct. 20, 1999 | |
|
B090258
|
Lane v. Hughes Aircraft Co.
Employee may reply on indirect and circumstantial evidence to show race-based discrimination. |
Employment Law |
|
Oct. 20, 1999 | |
|
95-56586
|
Parretti v. U.S.
Government must establish intentional extraditee is flight risk to justify no-bail detention pending extradition hearing. |
Criminal Law and Procedure |
|
Oct. 20, 1999 | |
|
99-4021
|
Poll v. U.S. Office of Special Counsel
Order |
Administrative Agencies |
|
Oct. 20, 1999 | |
|
99-0034, 99-0040, and 99-0057
|
Mack v. Cruikshank
Defendants charged with two counts of driving while under the influence warrants dismissal of one count after breathalyzer test is found defective. |
Criminal Law and Procedure |
|
Oct. 19, 1999 | |
|
98-0251 and 98-0256
|
Jonah T., a Minor
Noncompliance of an administrative order doesn't preclude the admission of a drug test or limit the juvenile court's alternative dispositions. |
Juveniles |
|
Oct. 19, 1999 | |
|
98-0690
|
Marriage of Johnson
Monthly settlement payments, that fall due more than five years before enforcement action was filed, are barred by statute of limitations. |
Family Law |
|
Oct. 19, 1999 | |
|
98-0002
|
Turner Ranches Water and Sanitation Co. v. Arizona Corp. Commission
A 5.5 percent overall rate of return for a public service corporation is unreasonable under Arizona law. |
Administrative Agencies |
|
Oct. 19, 1999 | |
|
97-0615
|
Wiggs v. City of Phoenix
Trial court shouldn't order retrial based upon an omitted jury instruction, as the plaintiff did not object to such at trial. |
Torts |
|
Oct. 19, 1999 | |
|
99-0343
|
Doe v. Ryan (Arizona Dept. of Economic Security)
Ward of the state seeking an abortion in Kansas is not required to have the abortion performed according to Arizona law. |
Juveniles |
|
Oct. 19, 1999 | |
|
99-0343
|
Doe v. Hon. Ryan
Order |
|
Oct. 19, 1999 | ||
|
98-55468
|
Keating v. Hood
Failure to instruct jury on mental state required for securities fraud isn't harmless error. |
Corporations |
|
Oct. 19, 1999 | |
|
95-56241
|
Bankruptcy of the Kissel Co.
Order |
|
Oct. 19, 1999 | ||
|
95-15428
|
Rand v. Rowland
District court itself must give pro se prisoner litigant notice and explanation of summary judgment motion. |
Civil Procedure |
|
Oct. 19, 1999 | |
|
S080629
|
People v. Lewis
Prior juvenile adjudication doesn't qualify as strike as it doesn't satisfy requirements of the Welfare and Institutions Code for strike eligibility. |
Criminal Law and Procedure |
|
Oct. 18, 1999 | |
|
96-3991
|
MacDougal v. Catalyst Nightclub
When awarding attorney fees, district court may review attorney's 'billing judgment,' and reduce fees if some tasks should've been delegated to associate. |
Attorneys |
|
Oct. 18, 1999 | |
|
99-5440
|
In re Bauer
Order |
|
Oct. 18, 1999 |