| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
G016713
|
Casenas v. Fujisawa U.S.A. Inc.
Employer is entitled to summary judgment after plaintiff fails to prove retaliation for sexual harassment claim. |
Employment Law |
|
Jun. 10, 1999 | |
|
B099081
|
Western Landscape Construction v. Bank of America National Trust and Savings Association
Subcontractor's submission of mechanic's lien release forms for progress payments doesn't waive right to retention payments. |
Real Property |
|
Jun. 10, 1999 | |
|
96-35848
|
Bankruptcy of Wilbur
Debtor's payment entitlement under state's division of domestic partner's pension benefits isn't exempt as retirement plan. |
Bankruptcy |
|
Jun. 10, 1999 | |
|
A075581
|
People v. Certain Real Property Situated in Mendocino County
Hague Service Convention is inapplicable to service on owner of forfeited property living in Spain. |
Civil Procedure |
|
Jun. 10, 1999 | |
|
A075743
|
California Automobile Assigned Risk Plan v. National Surety Corporation
|
|
Jun. 9, 1999 | ||
|
97-25043
|
Bankruptcy of Fernandez
Debtor's history of multiple filings precludes his entitlement to automatic stay for foreclosure sale. |
Bankruptcy |
|
Jun. 9, 1999 | |
|
A075838
|
People v. Tufono
During patdown search, officer cannot retrieve object from suspect's pocket that isn't weapon or contraband. |
Criminal Law and Procedure |
|
Jun. 9, 1999 | |
|
G016501
|
Kemp v. Nissan Motor Corp. in U.S.A.
Automobile dealer's breach of contract claim against manufacturer isn't subject to administrative exhaustion requirement. |
Contracts |
|
Jun. 9, 1999 | |
|
96-10482
|
U.S. v. Chan-Jimenez
Seizure occurs when officer retains driver's license with hand on gun and proceeds to investigate. |
Criminal Law and Procedure |
|
Jun. 9, 1999 | |
|
A077819
|
Allen-Pacific Ltd. v. Superior Court (Chan)
Absent party's signature or oath, truth of matters in requests for admissions is deemed admitted. |
Civil Procedure |
|
Jun. 9, 1999 | |
|
B105274
|
Sistare-Meyer v. Young Men's Christian Association of Metropolitan Los Angeles
Independent contractor cannot bring action for wrongful termination in violation of public policy. |
Employment Law |
|
Jun. 9, 1999 | |
|
B109595
|
Jessie G., a Minor
Consideration of minor's best interests is implicit in exceptions to statute referring child for adoption. |
Juveniles |
|
Jun. 9, 1999 | |
|
C025051
|
American River Fire Protection District v. Brennan
Agreement allowing employees to receive cash for accrued sick leave on retirement isn't unconstitutional. |
Labor Law |
|
Jun. 9, 1999 | |
|
B110106
|
Jasmine S., a Minor
Termination of incarcerated father's parental rights is error if no reunification services offered. |
Juveniles |
|
Jun. 9, 1999 | |
|
A074723
|
Schoen v. California Dept. of Forestry & Fire Protection (Louisiana-Pacific Corp.)
Approving analyses of cumulative impacts as 'minor deviations' to timber harvest plans is error. |
Environmental Law |
|
Jun. 9, 1999 | |
|
B103412
|
People v. Davis
Defendant cannot collaterally challenge prior conviction on grounds of ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Jun. 9, 1999 | |
|
C020727
|
Cory v. Board of Administration
Former state comptroller, who was also member of Legislature, is 'mixed service' member for retirement purposes. |
Government |
|
Jun. 9, 1999 | |
|
A075759
|
People v. Merfeld
Privilege against self-incrimination doesn't bar prosecution from questioning mentally disordered offender about his mental state. |
Criminal Law and Procedure |
|
Jun. 9, 1999 | |
|
96-55469 and 96-55576
|
Stephen W. Boney Inc. v. Boney Services Inc.
'Exceptional circumstances' Lanham Act requirement for attorney fees award applies to either plaintiff or defendant. |
Intellectual Property |
|
Jun. 9, 1999 | |
|
G020915
|
Molnar v. California Unemployment Ins.
Receipt of salary continuance benefits from employer doesn't satisfy 'work' requirements under Unemployment Insurance Code. |
Employment Law |
|
Jun. 9, 1999 | |
|
F025410
|
People v. Sylvester
Conduct-credit limitation for defendants convicted of violent felonies applies to preconviction custody. |
Criminal Law and Procedure |
|
Jun. 9, 1999 | |
|
F026000
|
People v. $48,715 U.S. Currency
Absent factual nexus between search and unlawful detention, the detention doesn't terminate consent to search. |
Criminal Law and Procedure |
|
Jun. 9, 1999 | |
|
H016395
|
Angel M., a Minor
Minor must be brought to court within one day after probation officer alleges violation. |
Juveniles |
|
Jun. 9, 1999 | |
|
B111472
|
Devin M., a Minor
After parental rights are terminated, mother cannot appeal issue which doesn't affect her rights. |
Juveniles |
|
Jun. 9, 1999 | |
|
B108485
|
People v. Gohdes
Late-night visits to minor's room through window, aren't sufficient to support finding of 'recurring access.' |
Criminal Law and Procedure |
|
Jun. 9, 1999 | |
|
B107353
|
Estrada v. WCAB
Board's decision regarding employee's vocational rehabilitation rights based on unenforceable agreement is erroneous. |
Workers' Compensation |
|
Jun. 9, 1999 | |
|
A076034
|
Enterprise Rent-A-Car Co. of San Francisco v. Workman's Auto Insurance Co.
Rental car company can avoid primary liability insurance responsibility with cash deposit and rental agreement disclaimer. |
Insurance |
|
Jun. 9, 1999 | |
|
A077653
|
People v. Torres
Law enforcement entity spending money to purchase drugs doesn't become 'victim' entitled to restitution. |
Criminal Law and Procedure |
|
Jun. 9, 1999 | |
|
B100535
|
J.B. Aguerre Inc. v. American Guarantee and Liability Insurance Co.
Lack of evidence showing insurer acted unreasonably in defending insured requires dismissal of bad faith claim. |
Insurance |
|
Jun. 9, 1999 | |
|
A074746
|
People v. Smith
New sentence hearing is required where court believed it had no discretion to dismiss prior strikes. |
Criminal Law and Procedure |
|
Jun. 9, 1999 |
