| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C021146
|
Zubrick v. Ford
Statute violation creates presumption of duty of care that isn't pre-empted by assumption of risk. |
Torts |
|
Aug. 5, 1999 | |
|
S074819
|
Davis v. Wood-Mizer Products Inc.
Rehearing denied |
|
Aug. 5, 1999 | ||
|
98-0607
|
La Paz County v. Upton
Member of county board of supervisors can be reimbursed for travel expenses incurred while performing special duties. |
Government |
|
Aug. 5, 1999 | |
|
F023081
|
Bank of America National Trust & Savings Assn. v. Yurosek
'This motion is dropped' means court deletes it from calendar and not dismissal with prejudice. |
Civil Procedure |
|
Aug. 5, 1999 | |
|
96-35163
|
State of Washington v. East Columbia Basin Irrigation District
Despite project's low control costs, Flood Control Act immunity applies in Federal Tort Claims Act action. |
Torts |
|
Aug. 5, 1999 | |
|
S051441
|
Randi W. v. Muroc Joint Unified School District
Former employer can be liable for recommendation's affirmative misrepresentations presenting foreseeable risk to prospective employer. |
Torts |
|
Aug. 5, 1999 | |
|
E016630
|
People v. Peck
Defendant's defense of free exercise of religion to possession of marijuana charge is rejected. |
Criminal Law and Procedure |
|
Aug. 5, 1999 | |
|
A071025
|
People v. Falck
Stalking statute isn't unconstitutionally vague or overbroad and substantial evidence supports conviction. |
Criminal Law and Procedure |
|
Aug. 5, 1999 | |
|
B098452
|
People v. Ramos
First degree burglary is reduced to second degree if inhabitant is dead before defendant enters. |
Criminal Law and Procedure |
|
Aug. 5, 1999 | |
|
A071462 and A072653
|
Muething v. Franchise Tax Board
Company's sold stock doesn't qualify as 'small business stock' and gain is taxed as preference income. |
Taxation |
|
Aug. 5, 1999 | |
|
A073467
|
Wilson v. Safeway Stores Inc.
Fees and costs are included in determining if tort judgment is greater than settlement offer. |
Civil Procedure |
|
Aug. 5, 1999 | |
|
C021900
|
Huens v. Tatum
Relief from dismissal provision does not apply after voluntary dismissal pursuant to settlement agreement. |
Civil Procedure |
|
Aug. 5, 1999 | |
|
94-16772 and 95-15672
|
Helfand v. Gerson
Decedent's beneficiary cannot take contrary positions regarding gift in federal action and state probate proceeding. |
Probate and Trusts |
|
Aug. 5, 1999 | |
|
F025716
|
David D., a Minor
Juvenile's 34 instances of misdemeanor defacing property cannot be aggregated into felony conviction. |
Juveniles |
|
Aug. 5, 1999 | |
|
94-50216
|
U.S. v. Angotti
Bank officials' location determines proper venue district for crime of making false statements to bank. |
Criminal Law and Procedure |
|
Aug. 5, 1999 | |
|
95-17297
|
Leorna v. U.S. Dept. of State
Exhaustion requirement's futility exception is inapplicable absent employment applicant's compliance with federal agency's procedures. |
Labor Law |
|
Aug. 5, 1999 | |
|
95-30371
|
U.S. v. Miller
State law restoration of rights isn't bar to felon status for federal firearm possession prosecution. |
Criminal Law and Procedure |
|
Aug. 5, 1999 | |
|
D022106
|
LiMandri v. Judkins
Absent duty of care evidence there cannot be interference with prospective business advantage. |
Torts |
|
Aug. 5, 1999 | |
|
G019615
|
Elizabeth M., a Minor
Parental rights are terminated despite mother's contention relationship with daughter would be beneficial. |
Juveniles |
|
Aug. 5, 1999 | |
|
S031247
|
In re Visciotti
No relief from death penalty if claim of ineffective assistance of counsel fails to show prejudice. |
Criminal Law and Procedure |
|
Aug. 5, 1999 | |
|
S057813
|
Davis v. K G O T.V., Inc.
Recovery of expert witness fees is not authorized as element of costs. |
Civil Procedure |
|
Aug. 5, 1999 | |
|
S057387
|
State Farm Fire and Casualty Co. v. Workers' Compensation Appeals Board
Review granted |
|
Aug. 5, 1999 | ||
|
S057616
|
People v. Mays
Review granted |
|
Aug. 5, 1999 | ||
|
S057090
|
People v. Barriga
Court Can Reject Agreement WhichViolates Felony Plea Statute EvenAfter Plea Has Been Accepted. |
Criminal Law and Procedure |
|
Aug. 5, 1999 | |
|
E016015
|
People v. Gutierrez
Specific intent to use syringe to inject drug isn't element for possessing paraphernalia in prison offense. |
Criminal Law and Procedure |
|
Aug. 5, 1999 | |
|
95-17190 and 95-17278
|
Velarde v. Pace Membership Warehouse Inc.
ERISA doesn't pre-empt contract breach action against employer based on 'stay on' letter promising bonus. |
Employment Law |
|
Aug. 5, 1999 | |
|
96-35254 and 96-35265
|
Burlington Northern Railroad Co. v. Wolf
District court cannot enjoin enforcement of tribal court's judgment before debtor exhausts tribal remedies. |
Native American Affairs |
|
Aug. 5, 1999 | |
|
A072326 and A074330
|
Marriage of Biddle
Qui tam action filed prior to separation but still pending at dissolution is community property. |
Family Law |
|
Aug. 5, 1999 | |
|
A073818
|
Gonzales v. ABC Happy Realty Inc.
Statute permitting costs against party for unreasonable action also applies to unsuccessful, but not frivolous, appeal. |
Civil Procedure |
|
Aug. 5, 1999 | |
|
D025845
|
City of Vista v. Sutro & Co.
Finance director with power to execute agreements on city's behalf could bind city to arbitration agreement. |
Civil Procedure |
|
Aug. 5, 1999 |