| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
95-55490
|
State of California v. United States of America
State's claims against federal government regarding costs of illegal alien problems present nonjusticiable political questions. |
Immigration |
|
Jul. 6, 1999 | |
|
B103350
|
Sutherland v. Barclays American/Mortgage Corporation
Agreement to 'stop' loan account temporarily doesn't mean the account will resume with a balloon payment. |
Contracts |
|
Jul. 6, 1999 | |
|
96-957
|
Jefferson v. Tarrant
Certiorari granted |
|
Jul. 6, 1999 | ||
|
96-6839
|
Almendarez-Torres v. United States
Certiorari granted |
|
Jul. 6, 1999 | ||
|
96-10049
|
U.S. v. Thompson
Actual touching of victim isn't required to support sentence enhancement for 'physical restraint' of victim. |
Criminal Law and Procedure |
|
Jul. 6, 1999 | |
|
95-2031
|
Young v. Fordice
Mississippi is required to preclear changes in its election 'practices and procedures.' |
Government |
|
Jul. 6, 1999 | |
|
S059692
|
Sanders v. American Broadcasting Companies Incorp.
Secret videotaping of conversation with employee in 'open work area' is not invasion of privacy. |
Torts |
|
Jul. 6, 1999 | |
|
B105924
|
Elden v. Superior Court (Elden)
Arbitration award settling marital property rights can't be confirmed until parties submit financial disclosure declarations. |
Family Law |
|
Jul. 6, 1999 | |
|
94-15932 and 94-16510
|
Budget Rent-A-Car Inc. v. Higashiguchi
Declaratory action plaintiff meets jurisdictional amount in controversy by aggregating multiple claims against single insured. |
Civil Procedure |
|
Jul. 6, 1999 | |
|
94-35304
|
Confederated Tribes of Siletz Indians of Oregon v. United States
Statutory provision requiring governor to concur in granting tribes land for gaming isn't unconstitutional. |
Native American Affairs |
|
Jul. 6, 1999 | |
|
96-70400
|
Moorefield v. Commissioner, IRS
Order |
|
Jul. 6, 1999 | ||
|
B110081
|
Tan T., a Minor
Minor's release from detention is required after 56-hour delay between arrest and filing of petition. |
Juveniles |
|
Jul. 6, 1999 | |
|
A073984
|
Quarterman v. Kefauver
No attorney fees for plaintiff after property damaged by lead paint chips in urban backyard. |
Torts |
|
Jul. 6, 1999 | |
|
B108200
|
Tylo v. Superior Court (Spelling Entertainment Group Inc.)
Deposition questions relating to actress' emotional distress from her marriage constitute impermissible 'fishing expedition.' |
Civil Procedure |
|
Jul. 6, 1999 | |
|
C024189
|
People v. Carter
Police officer's testimony as expert opinion defendant possessed rock cocaine for sale purposes is admissible. |
Criminal Law and Procedure |
|
Jul. 6, 1999 | |
|
C025128
|
County of Placer v. Andrade
Court cannot disregard overtime pay from support calculation merely because it occurs sporadically. |
Family Law |
|
Jul. 6, 1999 | |
|
A074080
|
Empire Fire and Marine Insurance Co. v. Bell
Insurance company has duty to defend or indemnify ambulance driver despite driver exclusion endorsement. |
Insurance |
|
Jul. 6, 1999 | |
|
A076084
|
General Accident Insurance Co. of America v. Superior Court (Western MacArthur Co.)
Successor corporation isn't entitled by operation of law to predecessor's insurance coverage. |
Insurance |
|
Jul. 6, 1999 | |
|
B105345
|
Marriage of Iberti
Spousal support irrevocably terminates when wife stops attending college pursuant to marital settlement agreement. |
Family Law |
|
Jul. 6, 1999 | |
|
H015943
|
Guardianship of Kaylee J.
Non-parent guardian appointment is fatally flawed by inconsistent order to develop reunification plan for mother. |
Family Law |
|
Jul. 6, 1999 | |
|
S054115
|
Sinclair Paint Co. v. State Board of Equalization
Fees assessed against paint company under Childhood Lead Prevention Act are regulatory fees, not unconstitutional taxation. |
Taxation |
|
Jul. 6, 1999 | |
|
S050148
|
Wm. R. Clarke Corp. v. Safeco Insurance Co. of America
'Pay if paid' construction subcontract provision doesn't insulate contractor and payment bond surety from payment obligation. |
Contracts |
|
Jul. 6, 1999 | |
|
B109127
|
Gordon v. Superior Court (People)
Attorney's records seized by warrant must remain sealed until special master holds noticed hearing. |
Criminal Law and Procedure |
|
Jul. 6, 1999 | |
|
H015757
|
Keh v. Walters
Forced vacancy of single space in mobile home park doesn't constitute statutory 'change of use.' |
Real Property |
|
Jul. 6, 1999 | |
|
B100300
|
People v. Santiago
Physically-abused child's consent to police entry into home and gathering of evidence is valid. |
Criminal Law and Procedure |
|
Jul. 6, 1999 | |
|
96-50498 and 96-50508
|
U.S. v. Garcia-Barron
Driver's efforts to avoid border checkpoint in smuggling area raises reasonable suspicion to stop rented vehicle. |
Criminal Law and Procedure |
|
Jul. 6, 1999 | |
|
C022430
|
Hansen v. Sunnyside Products Inc.
Product label warnings are relevant in determining whether product has design defect under risk/benefit test. |
Torts |
|
Jul. 6, 1999 | |
|
A065808
|
People v. Marroquin
Conviction for street gang participation based on same events from earlier conviction violates double jeopardy. |
Criminal Law and Procedure |
|
Jul. 6, 1999 | |
|
96-50420
|
U.S. v. Walker
Federal Rules of Evidence do not apply in proceedings to revoke term of supervised release. |
Criminal Law and Procedure |
|
Jul. 6, 1999 | |
|
94-16248
|
Del Monte Dunes at Monterey v. City of Monterey
Order |
|
Jul. 6, 1999 |