| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
98-0221
|
State v. Thomas
Trial court is precluded from sentencing nonviolent offender to prison for probation violation. |
Criminal Law and Procedure |
|
Aug. 11, 1999 | |
|
B121168
|
People v. Hardy
Sentence of life without possibility of parole must be doubled for second-strike defendant. |
Criminal Law and Procedure |
|
Aug. 11, 1999 | |
|
97-C-17839
|
Jebbia v. State Bar
Amendment to statute, providing summary disbarment for criminal convictions, may not be applied to an attorney who committed the crimes before the amendment. |
Attorneys |
|
Aug. 11, 1999 | |
|
94-O-11471
|
Phillips v. State Bar
Statute providing for automatic inactive enrollment after state bar judge recommends disbarment may not be applied retroactively. |
Attorneys |
|
Aug. 11, 1999 | |
|
B095369
|
People v. Morante
Defendant's State-Based Orchestration of Drug Trafficking Establishes Jurisdiction But Conspiracy Conviction Conflicts With Law. |
Criminal Law and Procedure |
|
Aug. 10, 1999 | |
|
B099340
|
Foster-Gardner, Inc. v. National Union Fire Insurance Company of Pittsburgh
Proceedings Commenced By Issuance of Determination and Order Do Not Constitute 'Suit.' |
Insurance |
|
Aug. 10, 1999 | |
|
B097963
|
Hicks v. Pacific Bell
No breach of implied convenant of good faith where employer makes good faith determination misconduct occurred. |
Employment Law |
|
Aug. 10, 1999 | |
|
B097693
|
People v. Taylor
Accepted cure of error by court in disallowing defense peremptory challenges waives new venire right. |
Criminal Law and Procedure |
|
Aug. 10, 1999 | |
|
A073962
|
People v. Guiuan
Court has sua sponte duty to tailor accomplice instruction relating only to testimony favorable to prosecution. |
Criminal Law and Procedure |
|
Aug. 10, 1999 | |
|
A074636
|
Estate of Condon
Out-of-state attorney, who is not licensed in california, isn't prohibited from receiving attorney fees. |
Probate and Trusts |
|
Aug. 10, 1999 | |
|
A075852
|
Estate of Joseph
Claimant isn't entitled to interstate distribution as decedent's child without adoption by decedent. |
Probate and Trusts |
|
Aug. 10, 1999 | |
|
A073353
|
Andreacchi v. The Price Co.
Amendments to the fair employment and housing act don't change workers' compensation law's exclusivity provisions. |
Workers' Compensation |
|
Aug. 10, 1999 | |
|
C022530
|
People v. Tillis
Prosecutor's failure to provide discovery of defense expert's arrest for drug use is harmless error. |
Criminal Law and Procedure |
|
Aug. 10, 1999 | |
|
E017424
|
Valley Medical Transport Inc. v. Apple Valley Fire Protection District
Fire district is estopped from assorting right to resume as jurisdiction's exclusive ambulance services provider. |
Government |
|
Aug. 10, 1999 | |
|
A073632
|
Cuadra v. Bradshaw
Statute of limitations for administrative claim involving wage dispute is tolled on date. |
Labor Law |
|
Aug. 10, 1999 | |
|
97-16204 and 97-16240
|
Janas v. McCracken
Circumstantial evidence of deliberate misconduct must be factually pleaded in detail to prevail under Private Securities Litigation Reform Act. |
Securities |
|
Aug. 10, 1999 | |
|
99-201
|
Thomas F. Casey, III County Counsel County of San Mateo
County recorder can't accept notice of disclosure document for recordation that gives notice of proximity of airport, power lines, and other problems for specified real property. |
Real Property |
|
Aug. 9, 1999 | |
|
95-10455
|
U.S. v. Doe
Law requiring parental notification of juvenile's arrest doesn't apply to juveniles held by tribal authorities. |
Criminal Law and Procedure |
|
Aug. 9, 1999 | |
|
97-70272
|
Borja v. INS
Attack against alien by homeland insurgents, which was partially for economic reasons, doesn't precluded grant of asylum based on political persecution. |
Immigration |
|
Aug. 6, 1999 | |
|
97-30185
|
U.S. v. Hanousek
The government doesn't have to prove criminal negligence in violation of Clean Water Act, only "ordinary' negligence is required. |
Criminal Law and Procedure |
|
Aug. 6, 1999 | |
|
97-55040
|
Wehrli v. County of Orange
State administrative decision, made without record, on employee's wrongful discharge claim doesn't have preclusive effect on employee's federal suit. |
Employment Law |
|
Aug. 6, 1999 | |
|
96-16539 and 96-16701
|
Kearney v. Standard Insurance Co.
In ERISA disability benefits claim, district court needn't consider new evidence if it could have been provided earlier and record is sufficient to permit adequate de novo review. |
Insurance |
|
Aug. 6, 1999 | |
|
B122465
|
Marshak v. Ballesteros
In legal malpractice action, client must show that he would have received better result if attorney had recommended rejection of settlement offer. |
Attorneys |
|
Aug. 6, 1999 | |
|
96-50347
|
U.S. v. Kim
Additional jury instruction corrects erroneous instruction on entrapment stating defendant guilty if he was willing to commit crime before government contact. |
Criminal Law and Procedure |
|
Aug. 6, 1999 | |
|
97-17346
|
Berry v. Valence Technology Inc.
Article in industry publication doesn't put investors on inquiry notice which begins one-year statute of limitations for security fraud action. |
Securities |
|
Aug. 6, 1999 | |
|
97-70321
|
Briones v. INS
Confidential government informer has well founded fear of persecution if name on assassination list of insurgents he informed against. |
Immigration |
|
Aug. 6, 1999 | |
|
98-16563
|
Simula Inc. v. Autoliv Inc.
Arbitration agreement must be construed broadly as encompassing all disputes having origin in contract. |
Contracts |
|
Aug. 6, 1999 | |
|
98-55142
|
U.S. v. One 1997 Mercedes, E420
The 60-day period for the government to file a civil forfeiture action applies to claim alleging laundering of drug money. |
Civil Procedure |
|
Aug. 6, 1999 | |
|
97-55115
|
Newman v. American Airlines Inc.
If sufficient evidence shows airline acts unreasonably in refusing passage, summary judgment in Air Carrier Access Act claim is improper. |
Civil Rights |
|
Aug. 6, 1999 | |
|
98-15144
|
United States v. 4.0 Acres of Land
News report of juror's view on a witness's testimony at trial isn't proper basis for new trial in federal condemnation action. |
Real Property |
|
Aug. 6, 1999 |