| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B099197
|
Robbins v. Blecher
Voluntary dismissal of enforcement action, after reversal of underlying judgment, isn't favorable termination on merits. |
Torts |
|
Jul. 19, 1999 | |
|
C021002
|
People v. Coley
Loss of exhibits by trial court doesn't warrant overturning conviction absent attempt to reconstruct evidence. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
|
D024260
|
People v. Reyes
Evidence of mental disorder and intoxication is admissible to refute essential element of crime. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
|
G018893
|
Whelan v. Estate of Richard Pick
Punitive damages award is enforceable through appeal bond even if defendant dies while appeal pending. |
Civil Procedure |
|
Jul. 19, 1999 | |
|
F025323
|
People v. Sanchez
Defendant cannot be ordered to give blood and handprints under statute not including attempted murder. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
|
A072629
|
People v. Gaines
Prosecutor commits misconduct by attempting to tell jury why defense witness did not testify. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
|
96-71126
|
Narayan v. INS
Order |
|
Jul. 19, 1999 | ||
|
D021721
|
Wilson v. Science Applications International Corp.
Public members, not parties to proceedings, can challenge continued need for order sealing record. |
Civil Procedure |
|
Jul. 19, 1999 | |
|
G020239
|
Ng v. Superior Court (People)
Discretion is abused by relieving appointed defense counsel absent factual showing of impairment by representation. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
|
A070909
|
Byrne v. Laura
Estate's rejection of creditor claim by surviving companion breaches deceased's support agreement. |
Probate and Trusts |
|
Jul. 19, 1999 | |
|
A073121
|
Braun v. The Chronicle Publishing Co.
News reporting activity is protected from defamation suit by Strategic Lawsuit Against Public Participation statute. |
Torts |
|
Jul. 19, 1999 | |
|
94-56436, 94-56709, 94-56765, 94-56769 and 94-56771
|
Westinghouse Electric Corp. v. General Circuit Breaker & Electric Supply Inc.
In trademark infringement action, equitable defenses don't require proof plaintiff knew about defendant's alleged counterfeiting. |
Intellectual Property |
|
Jul. 19, 1999 | |
|
95-15874 and 95-16061
|
Steen v. John Hancock Life Insurance Co.
Prior action litigating insurance reserve's ERISA status, isn't preclusive in subsequent action by plan trustees. |
Labor Law |
|
Jul. 19, 1999 | |
|
95-70700
|
Laborers Union Local No. 324 v. NLRB
Union doesn't commit unfair labor practice by barring solicitation and literature distribution in hiring halls. |
Labor Law |
|
Jul. 19, 1999 | |
|
95-15920
|
Bankruptcy of Jones
Surplus equity must exist in California homestead property at recording of judgment abstract for lien attachment. |
Bankruptcy |
|
Jul. 19, 1999 | |
|
B102938
|
Bostanian v. Liberty Savings Bank F.S.B.
Action to set aside foreclosure sale of debtor's residence is property of bankruptcy estate. |
Bankruptcy |
|
Jul. 19, 1999 | |
|
C016755
|
People v. Barrett
No mistake of law instruction necessary after defendant fails to show evidence warrants instruction. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
|
95-55968
|
Bankruptcy of Niles
Debtor has burden of proof in nondischargeability proceeding based on defalcation while acting as fiduciary. |
Bankruptcy |
|
Jul. 19, 1999 | |
|
96-10106
|
U.S. v. Washington
Evidence that accomplice had gun supports conviction for 'use' of firearm during crime of violence. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
|
95-35787
|
Key Bank of Washington v. Southern Comfort
Seaman's lien for wages from ship in foreclosure survives bank's sale and purchase of vessel. |
Maritime Law |
|
Jul. 19, 1999 | |
|
95-70240
|
Little v. IRS
Continuous and substantial property sales and purchases by dealer bars capital gains treatment for income. |
Taxation |
|
Jul. 19, 1999 | |
|
95-10441
|
U.S. v. Ruelas
Jurisdictional challenge based on defective indictment is not waived by plea agreement appeal waiver. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
|
95-35551 and 95-35579
|
Fireman's Fund Ins. Co. v. Alaskan Pride Partnership
Inability to find cause of vessel's sinking doesn't preclude finding of bad faith by insurer. |
Insurance |
|
Jul. 19, 1999 | |
|
95-10556
|
U.S. v. Bonat
Plea transcripts are used to determine status of prior convictions under Armed Career Criminal Act. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
|
95-35293
|
Philips v. Perry
U.S. Navy can discharge member who admits engaging in off-duty homosexual acts with civilians. |
Employment Law |
|
Jul. 19, 1999 | |
|
96-30156
|
U.S. v. Flores-Uribe
Sentencing court lacks jurisdiction to issue deportation order at defendant's request without request from INS. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
|
96-50076 and 95-50079
|
U.S. v. Reyes-Oseguera
Defendant's flight on foot through busy vehicular traffic is sufficient to support enhancement for reckless endangerment. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
|
96-55797
|
Bankruptcy of Los Angeles International Airport Hotel Associates
State taxing agency doesn't have to submit documentation to support proof of claim created by statute. |
Bankruptcy |
|
Jul. 19, 1999 | |
|
95-30253
|
U.S. v. Kimble
Concurrent sentences aren't required if one undischarged prison term is not related to current offense. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
|
95-50534
|
U.S. v. Zink
Defendant's acquiescence to restitution order relieves court of further duty to determine ability to pay. |
Criminal Law and Procedure |
|
Jul. 19, 1999 |