| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B104932
|
People v. Mosley
Trial court is presumed to know the applicable law allowing discretion to strike prior felony. |
Criminal Law and Procedure |
|
Jul. 15, 1999 | |
|
94-16316
|
Arizona State Carpenters Pension Trust Fund v. SMM Citibank (Arizona)
Order |
|
Jul. 15, 1999 | ||
|
95-10483
|
U.S. v. Sayetsitty
Jury must be instructed voluntary intoxication can negate specific intent for aiding and abetting murder. |
Criminal Law and Procedure |
|
Jul. 15, 1999 | |
|
94-55947
|
IT Corp. v. General American Life Insurance Co.
Plan administrator can qualify as fiduciary subject to suit by plan or participant under ERISA. |
Employment Law |
|
Jul. 15, 1999 | |
|
95-10560
|
U.S. v. Kallin
Jeopardy attaching in original tax-fraud trial continues through retrial after IRS's imposition of civil penalty. |
Criminal Law and Procedure |
|
Jul. 15, 1999 | |
|
95-55431
|
Bankruptcy of Saylor
'Willful and malicious' exception to dischargeability precludes discharge of obligation based on debtor's tortious conduct. |
Bankruptcy |
|
Jul. 15, 1999 | |
|
95-15791
|
Bankruptcy of Lee
For 'new value' defense to trustee's avoidance action, no transfer of debtor's property on delivery of bad check. |
Bankruptcy |
|
Jul. 15, 1999 | |
|
95-1605
|
United States v. Gonzales
Mandatory federal firearms sentence cannot run concurrently with any other state or federal prison term. |
Criminal Law and Procedure |
|
Jul. 15, 1999 | |
|
S057126
|
Scott Co. of California v. Blount Inc.
Review granted |
|
Jul. 15, 1999 | ||
|
S057191
|
People v. Birks
Review granted |
|
Jul. 15, 1999 | ||
|
S050827
|
Garcia v. Superior Court (People)
Defendant cannot challenge prior conviction for ineffective counsel assistance during current prosecution for noncapital case. |
Criminal Law and Procedure |
|
Jul. 15, 1999 | |
|
94-15803
|
Amarel v. Connell
Grower, as de facto competitor, has standing in predatory pricing action against vertically-integrated rice cooperative. |
Antitrust |
|
Jul. 15, 1999 | |
|
D022339
|
Ryder v. Peterson
No recovery of attorney fees after voluntary pretrial dismissal despite contractual agreement to the contrary. |
Civil Procedure |
|
Jul. 15, 1999 | |
|
B102854
|
Motion Picture Studio Teachers & Welfare Workers, Local No. 884, IATSE v. Milan
Regulation requires studio teachers to have both single and multiple subject teaching credentials. |
Labor Law |
|
Jul. 15, 1999 | |
|
S057125
|
Birbrower, Montalbano, Condon & Frank v. Superior Court (Esq Bsuiness, Services, Incorp.)
Lack of California law license defeats New York attorneys' entitlement to fees for California representation. |
Attorneys |
|
Jul. 15, 1999 | |
|
S057084
|
People v. Paul
Review granted |
|
Jul. 15, 1999 | ||
|
B103860
|
In re Gutierrez
Relitigation of issues from previous case does not constitute 'new trial' of case. |
Criminal Law and Procedure |
|
Jul. 15, 1999 | |
|
95-1873
|
Adams v. Robertson
Order |
|
Jul. 15, 1999 | ||
|
95-17401
|
Munoz v. Rowland
Prison's nondisciplinary finding of gang association isn't collateral consequence avoiding mootness of paroled inmate's appeal. |
Prisoners Rights |
|
Jul. 15, 1999 | |
|
95-56144 and 95-56185
|
Broadcast Music Inc. v. Hirsch
Federal tax lien lacks priority over prior unrecorded assignment of taxpayer's state law royalty rights. |
Taxation |
|
Jul. 15, 1999 | |
|
96-80322
|
Nevius v. McDaniel
Order |
|
Jul. 15, 1999 | ||
|
C023203
|
People v. Huggins
Theft of purse touching owner's foot constitutes grand theft from the person. |
Criminal Law and Procedure |
|
Jul. 15, 1999 | |
|
F023254
|
Orosco v. Sun-Diamond Corp.
Non-negligent joint venture isn't liable after member, with workers' compensation coverage, negligently injures employee. |
Workers' Compensation |
|
Jul. 15, 1999 | |
|
H015001
|
Exxon Corp. v. Superior Court (Koutney)
Relevant market for assessing anticompetitive behavior by oil company is all gasoline, not just one brand. |
Antitrust |
|
Jul. 15, 1999 | |
|
H014078
|
County of Alameda v. Pacific Gas and Electric Co.
Franchise Act provisions don't change fee formula in pre-existing county franchises granted under Broughton Act. |
Government |
|
Jul. 15, 1999 | |
|
95-35863
|
Capital Development Co. v. Port of Astoria
Lease of property for development by assistant port director without authority violates state statute of frauds. |
Real Property |
|
Jul. 15, 1999 | |
|
C020963
|
Poliak v. Board of Psychology
Revoking psychologist's license for sex with patient is error since professional relationship ended before sexual encounter. |
Administrative Agencies |
|
Jul. 15, 1999 | |
|
96-50337
|
U.S. v. Romeo
Acquittal on possession count collaterally estops relitigating importation deadlocked count since defendant's knowledge already litigated. |
Criminal Law and Procedure |
|
Jul. 15, 1999 | |
|
95-1028
|
U.S. v. Fadem
Order |
|
Jul. 15, 1999 | ||
|
H014026
|
People v. Nguyen
Petty thief with two felony priors, including theft, is properly sentenced to 25 years to life. |
Criminal Law and Procedure |
|
Jul. 14, 1999 |