| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
95-70609
|
Alderman v. Securities and Exchange Commission
Both NASD member's and corporate parent's control person must reimburse funds put in wrong account. |
Securities |
|
Jul. 6, 1999 | |
|
96-50072 and 96-55191
|
U.S. v. Pirro
Delay considering habeas motion challenging conviction until direct appeal resolved doesn't render motion ineffective. |
Criminal Law and Procedure |
|
Jul. 6, 1999 | |
|
B096682
|
People v. Watson
Robbery using a firearm and defendant's prior criminal involvement warrants 40 years to life imprisonment. |
Criminal Law and Procedure |
|
Jul. 6, 1999 | |
|
G015845
|
Tran v. Fountain Valley Community Hospital
Minor's medical negligence action, filed on eighth birthday, is timely since deadline was a holiday. |
Civil Procedure |
|
Jul. 6, 1999 | |
|
95-70767
|
Villegas-Valenzuela v. INS
Aliens' use of false immigration documents to establish employment eligibility warrants statutory civil monetary penalties. |
Immigration |
|
Jul. 6, 1999 | |
|
C022275
|
Americans for Nonsmokers' Rights v. The State of California
Legislature can amend tobacco tax initiative since amendment is consistent with purposes of act. |
Government |
|
Jul. 6, 1999 | |
|
96-55534
|
Somers v. Thurman
Female guard doesn't violate male inmate's rights by body cavity searches and watching him bathe. |
Prisoners Rights |
|
Jul. 6, 1999 | |
|
S060180
|
People v. Woodell
Appellate opinion is admissible to corroborate or explain other admissible evidence of a prior conviction. |
Criminal Law and Procedure |
|
Jul. 6, 1999 | |
|
E016447
|
Allyson v. Dept. of Transportation
Public entity has no duty to remedy icy road conditions reasonably apparent to motorists. |
Torts |
|
Jul. 6, 1999 | |
|
B091440
|
Eckhart v. Genuine Parts Distributors
Partial dismissal and transfer order is not appealable until incorporated into final judgment. |
Civil Procedure |
|
Jul. 6, 1999 | |
|
G014752
|
Passante v. McWilliam
Stock promise to attorney is unenforceable since violation of attorney's ethical obligation or unbargained for promise. |
Attorneys |
|
Jul. 6, 1999 | |
|
C022162
|
The Rex Club v. WCAB
Reimbursement petition is untimely if filed more than one year after initial award of benefits. |
Workers' Compensation |
|
Jul. 6, 1999 | |
|
C021838
|
People v. Speegle
Jury instruction stating that conviction for animal neglect requires proof of civil negligence is improper. |
Criminal Law and Procedure |
|
Jul. 6, 1999 | |
|
96-243
|
Suitum v. Tahoe Regional Planning Agency
Property owner isn't required to sell 'transferable development rights' before taking claim can be adjudicated. |
Real Property |
|
Jul. 6, 1999 | |
|
96-55211
|
Offshore Sportswear Inc. v. Vuarnet International B.V.
In action dismissed without prejudice to enforce forum selection clause, plaintiff cannot relitigate same issue. |
Civil Procedure |
|
Jul. 6, 1999 | |
|
95-1853
|
Clinton v. Jones,
Order |
|
Jul. 6, 1999 | ||
|
95-55423
|
Bankruptcy of Advent Management Corp.
Creditor claiming constructive trust over debtor's commingled funds must trace funds to underlying illegal transfer. |
Bankruptcy |
|
Jul. 6, 1999 | |
|
G017198
|
Burnstine v. DMV
DMV isn't required to reinstate suspended license after innocence finding for criminal refusal of chemical testing. |
Administrative Agencies |
|
Jul. 5, 1999 | |
|
B103823
|
People v. Green
Father's attempt to intimidate suspected abused child supports conviction for impeding police investigation. |
Criminal Law and Procedure |
|
Jul. 5, 1999 | |
|
B095831
|
Robert J. v. Leslie M.
Despite tests disproving paternity, appellant's prior admission of fatherhood precludes relitigating issue. |
Family Law |
|
Jul. 5, 1999 | |
|
95-6556
|
Old Chief v. United States
Risking tainted verdict, court improperly spurns defendant's concession to prior judgment and admits full record. |
Criminal Law and Procedure |
|
Jul. 5, 1999 | |
|
S061150
|
La Galleria Condominium Owners' Association v. Wells Fargo Bank, N.A.
Award of attorney fees to defendant as prevailing party after plaintiffs' voluntary dismissal is error. |
Civil Procedure |
|
Jul. 5, 1999 | |
|
95-16780
|
Bankruptcy of Biggar
Installment contract for legal services calling for post-petition payments is dischargeable. |
Bankruptcy |
|
Jul. 5, 1999 | |
|
S061138
|
Caudra v. Bradshaw
Statute of limitations for administrative claim involving wage dispute is tolled on date claim is filed. |
Labor Law |
|
Jul. 5, 1999 | |
|
95-30172
|
U.S. v. Dunn
Order |
|
Jul. 5, 1999 | ||
|
96-1383
|
Pounders v. Watson
Order |
|
Jul. 5, 1999 | ||
|
96-511
|
Reno v. American Civil Liberties Union
Communications Decency Act of 1996 violates First Amendment by banning indecent material in cyberspace. |
Constitutional Law |
|
Jul. 5, 1999 | |
|
95-1858
|
Vacco v. Quill
New York's bar against assisted suicide does not violate equal protection provisions. |
Criminal Law and Procedure |
|
Jul. 5, 1999 | |
|
96-1671
|
Raines v. Byrd
Congressional members who voted against Line Item Veto Act lack standing to sue challenging law's constitutionality. |
Government |
|
Jul. 5, 1999 | |
|
96-10203
|
U.S. v. Patch
Deputy has authority to stop vehicle driving recklessly to determine if driver is tribal member. |
Criminal Law and Procedure |
|
Jul. 5, 1999 |