| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
96-15319, 96-15321, 96-16142, 96-16143 and 96-16318
|
Lapine Technology Corp. v. Kyocera Corp.
If parties agree, federal court can expand review of arbitration award beyond Federal Arbitration Act grounds. |
Civil Procedure |
|
Jun. 4, 1999 | |
|
96-16789
|
Naas v. Stolman
Under Fair Debt Collection Act, debtor's tort claim, after creditor's suit, accrues when underlying action filed. |
Torts |
|
Jun. 4, 1999 | |
|
96-17251
|
City & County of San Francisco v. United States
Timeliness of government-contract bid protest is determined by when protester becomes aware of competitor's participation. |
Government |
|
Jun. 4, 1999 | |
|
96-30083
|
U.S. v. Houser
In federal homicide prosecution, absent mitigating circumstances, malice aforethought can be inferred from deadly weapon use. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
95-16586
|
Ford v. St. Joseph's Omni Preferred Care Inc.
ERISA doesn't pre-empt employer's state contract claim against benefits plan administrator for not seeking reimbursement. |
Labor Law |
|
Jun. 4, 1999 | |
|
96-30126
|
U.S. v. Johnson
Federal sentencing guideline for embezzlement that 'affects' a financial institution is not unconstitutionally vague. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
96-30301
|
U.S. v. Cyphers
To enhance defendant's sentence for leadership role, supervised persons need not have participated in conviction offense. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
B102576
|
People v. Landa
Court must hold in camera hearing to determine admissibility of officer's testimony once he claims privilege. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
B108701
|
People v. Mendoza
Where two offenses are incidental to one objective the second conviction's sentence must be stayed. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
S068063
|
McColm v. Westwood Park Association
Vexatious litigant is properly ordered to post undertaking as condition to proceeding with appeal. |
Civil Procedure |
|
Jun. 4, 1999 | |
|
97-934
|
Voinovich v. Women's Medical Professional Corp.
Order |
|
Jun. 4, 1999 | ||
|
D027542
|
Grossmont Hospital v. WCAB
Wage increases scheduled or reasonably anticipated at time of injury are factors in determining earning capacity. |
Workers' Compensation |
|
Jun. 4, 1999 | |
|
A076469
|
Arron C., a Minor
Evidence seized unconstitutionally is admissible if officer's reliance on incorrect information from probation officer is reasonable. |
Juveniles |
|
Jun. 4, 1999 | |
|
A076486
|
People v. Olea
Defendant needn't register as sex offender where registration not included as part of plea bargain. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
95-35848, 95-36283, 96-35166 and 96-35174
|
Knight v. Kenai Peninsula Borough School District
Non-union members aren't required to exhaust union remedies before suing to challenge chargeability of agency fee. |
Labor Law |
|
Jun. 4, 1999 | |
|
95-16564
|
Neal v. Shimoda
Parole eligibility can be predicated on completing sex-offender treatment program enacted after underlying offense. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
96-17209
|
Jerron West Inc. v. State of California State Board of Equalization
Tax Injunction Act divests court's jurisdiction in action to enjoin tax proceedings during related criminal case. |
Taxation |
|
Jun. 4, 1999 | |
|
96-10561
|
U.S. v. Albers
Houseboat falls within vehicle exception to Fourth Amendment's warrant requirement. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
96-70742
|
Estate of Rapp v. Commissioner of Internal Revenue
Reformation of will creating qualified terminable interest property trust lacks binding effect to determine federal taxes. |
Taxation |
|
Jun. 4, 1999 | |
|
C023360
|
Professional Engineers in California Government v. Wilson
Use of funds from State Highway Account as reimbursement for rail bond payments is proper. |
Government |
|
Jun. 4, 1999 | |
|
C025658
|
Rinaker v. Superior Court (People)
Confidentiality provision yields to minor's constitutional right to effective impeachment of adverse witnesses. |
Juveniles |
|
Jun. 4, 1999 | |
|
C026887
|
Bowers v. Superior Court of Nevada County (People)
All purpose assignment rule renders judicial challenge in superior court untimely. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
F027371
|
People v. Evans
Failure to give jury instructions on defendant's right to not testify is error. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
A076279
|
Milagra Ridge Partners Ltd. v. City of Pacifica
Claim fails under ripeness doctrine when zoning designations leave property use speculative. |
Real Property |
|
Jun. 4, 1999 | |
|
B110548
|
People v. Ruiz
Evidence of gang membership is admissible to prove bias if the prejudicial impact is minimal. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
B095859
|
RTC Mortgage Trust 1994-S2 v. Shlens
Exculpatory agreement is invalid when it isn't approved by bank directors or recorded. |
Banking |
|
Jun. 4, 1999 | |
|
B106317
|
Cairns v. County of Los Angeles
Public entity is liable for failure to provide fire protection facilities only when authorized by statute. |
Government |
|
Jun. 4, 1999 | |
|
B115527
|
Charles E. Thomas Co. v. Transamerica Insurance Group
Insurance company has duty to defend policyholder when any issue falls potentially within policy coverage. |
Insurance |
|
Jun. 4, 1999 | |
|
B119878
|
Block v. The Superior Court (Downey)
Good cause release orders for inmates can only be issued under exceptional circumstances. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
B116436
|
Banner Entertainment Inc. v. Superior Court (Alchemy Filmworks Inc.)
Arbitration agreements created by oral contract or past behavior must be evidenced to be enforced. |
Contracts |
|
Jun. 4, 1999 |
