| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
97-50629
|
U.S. v. Van Doren
Where defendant repeatedly acknowledges voluntariness of guilty plea, district court's failure to ask if plea is result of coercion is harmless error. |
Criminal Law and Procedure |
|
Sep. 30, 1999 | |
|
97-56042
|
Big Bear Lodging Assn. v. Snow Summit Inc.
Competitors to, rather than customers of, alleged price-fixing scheme cannot demonstrate antitrust injury, as they benefit from inflated prices. |
Antitrust |
|
Sep. 30, 1999 | |
|
97-16254
|
Fuller v. Roe
Applicability of Antiterrorism and Effective Death Penalty Act is determined by date petition for habeas relief is filed. |
Criminal Law and Procedure |
|
Sep. 30, 1999 | |
|
97-56716
|
Bankruptcy of Marino
Dismissal of untimely nondischargeability complaint in Chapter 11 case does not preclude subsequent filing of identical complaint in converted Chapter 7 case. |
Bankruptcy |
|
Sep. 30, 1999 | |
|
B126908
|
Kopitske v. WCAB
Unreasonable delay in making permanent disability payments is subject to penalty assessment. |
Workers' Compensation |
|
Sep. 30, 1999 | |
|
97-10098
|
U.S. v. Martinez
Evidence of prior conviction for importing drugs is admissible when used to show knowledge of drug trade. |
Criminal Law and Procedure |
|
Sep. 30, 1999 | |
|
97-70964
|
Tarubac v. INS
In denying asylum application, it's erroneous to conclude that presence of nonpolitical motives for persecution provides evidence that political persecution doesn't exist. |
Immigration |
|
Sep. 30, 1999 | |
|
98-10269
|
U.S. v. Palomba
Error in calculating sentence can't be challenged after the entire sentence has been completed. |
Criminal Law and Procedure |
|
Sep. 30, 1999 | |
|
B122133
|
Hoversten v. Superior Court (Hoversten)
When incarcerated prisoner desires to make a court appearance in child custody proceeding, trial court is required to fashion appropriate remedy. |
Prisoners Rights |
|
Sep. 30, 1999 | |
|
97-55117
|
Carter v. Anderson (In re Carter)
The sole shareholder of a Subchapter S corporation can qualify as an employee for purposes of earnings exemption. |
Bankruptcy |
|
Sep. 30, 1999 | |
|
C028605
|
People v. Hart
Warrantless search, for identification, of purse in illegally parked, occupied van is valid for officer-safety purposes. |
Criminal Law and Procedure |
|
Sep. 30, 1999 | |
|
B124218
|
County of Los Angeles v. Smith
Where minor is subject to individual education plan, county can't seek reimbursement from parent for past costs of care provided to minor. |
Juveniles |
|
Sep. 30, 1999 | |
|
B121351
|
Jenkins v. County of Los Angeles
Proposition 213, which bars recovery for injuries sustained by a fleeing felon, doesn't apply to intentional torts. |
Torts |
|
Sep. 30, 1999 | |
|
B126199
|
Domingo v. Los Angeles County Metropolitan Transportation Authority
Thirty-day period to file for trial de novo from arbitrator's award does not begin to toll until proper service by arbitrator. |
Civil Procedure |
|
Sep. 30, 1999 | |
|
B119136
|
Soliz v. Williams
Judge immune from suit for defamatory statements made during settlement conference, not immune from suit for false statements to reporter. |
Judges |
|
Sep. 30, 1999 | |
|
B124318
|
People v. Sainz
Defendant convicted of great bodily injury under vehicle code, permits sentence enhancement under penal code meaning of great bodily injury. |
Criminal Law and Procedure |
|
Sep. 30, 1999 | |
|
F029755 and F029901
|
People v. Moreno
Defendant may be convicted of receiving same property he took during a burglary. |
Criminal Law and Procedure |
|
Sep. 30, 1999 | |
|
95-1144
|
In re Sybase Inc. Securities Litigation
Corporation's reliance on its internal budget summaries is reasonable, and not evidence of false and misleading earnings predictions. |
Securities |
|
Sep. 30, 1999 | |
|
H018811
|
Nelson v. United Technologies
Wrongful discharge in violation of public policy favoring family leave underlying California Family Rights Act is valid cause of action. |
Torts |
|
Sep. 30, 1999 | |
|
A083095
|
People v. Lewis
Police officer does not have to obtain an arrest warrant before entering a parolee's house and taking the him into custody. |
Criminal Law and Procedure |
|
Sep. 30, 1999 | |
|
B126930
|
Estate of Lamerdin
Deceased trustee's daughter lacks standing to petition for appointment of successor trustee for proposed charitable trust. |
Probate and Trusts |
|
Sep. 30, 1999 | |
|
B127093
|
People v. Lopez
A defendant cannot relitigate issues of a previous conviction during his mentally disordered offender's appeal. |
Criminal Law and Procedure |
|
Sep. 30, 1999 | |
|
B127289
|
People v. Webb
Where evidence shows defendant didn't honestly believe opinions expressed regarding his pain, such material misrepresentations may constitute fraud. |
Criminal Law and Procedure |
|
Sep. 30, 1999 | |
|
A083799
|
People v. Nubla
Court can reduce sentence after defendant committed to rehabilitation is found unfit and returned, provided sentence has not yet been executed. |
Criminal Law and Procedure |
|
Sep. 30, 1999 | |
|
C030006
|
Savnik v. Hall
Non-economic damages are proper where uninsured motorist is not the owner of the vehicle. |
Torts |
|
Sep. 30, 1999 | |
|
E021243
|
Barham v. Southern California Edison Co.
Public electrical utility is liable for inverse condemnation damages to owners of property damaged in fire caused by power lines. |
Real Property |
|
Sep. 30, 1999 | |
|
A082778
|
People v. Knox
Failure to expressly plead multiple victim circumstance and include it on jury verdict form constitutes harmless error. |
Criminal Law and Procedure |
|
Sep. 30, 1999 | |
|
C028606
|
People v. Arias
Defendant is entitled to be sentenced under work time credits that existed before Penal Code statute was amended. |
Criminal Law and Procedure |
|
Sep. 30, 1999 | |
|
D031860
|
People v. Chambless
Any contact with offender's or young victim's genitals is masturbation, and is substantial sexual conduct, for purposes of Sexually Violent Predators Act. |
Criminal Law and Procedure |
|
Sep. 30, 1999 | |
|
A082611
|
Commerce & Industry Insurance Co. v. Chubb Custom Insurance Co.
Warehouse insured by two insurance policies, each holding the other responsible for the loss, must be prorated between the insurers. |
Insurance |
|
Sep. 30, 1999 |