| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
96-1462
|
Bankruptcy of Carolan
Debtor doesn't defraud credit card issuer by incurring credit card debt prior to filing petition. |
Bankruptcy |
|
May 24, 1999 | |
|
95-56179
|
Cisneros v. UNUM Life Insurance Co. of America
California and federal laws require actual prejudice from untimely proof submission to deny insurance policy payment. |
Labor Law |
|
May 24, 1999 | |
|
97-70127
|
De Leon v. INS
Order |
|
May 24, 1999 | ||
|
96-1395
|
LaChance v. Erickson
Federal agency can sanction employee for false statements to agency regarding his alleged employee-related misconduct. |
Administrative Agencies |
|
May 24, 1999 | |
|
B110930
|
Christopher T., a Minor
Juvenile court can transfer dependency proceeding based on change in minor's residence. |
Juveniles |
|
May 24, 1999 | |
|
B115894
|
Maria S., a Minor
Father's inability to attend hearing doesn't deprive him of right to participate in dependency proceeding. |
Juveniles |
|
May 24, 1999 | |
|
B097430
|
Link v. Cater
Dismissal of plaintiff's case for failure to appear is error where plaintiff was receiving medical treatment. |
Civil Procedure |
|
May 24, 1999 | |
|
96-8400
|
Buchanan v. Angelone
Absence of jury instructions on concept of mitigation doesn't violate Eight and Fourteenth Amendments. |
Criminal Law and Procedure |
|
May 24, 1999 | |
|
96-70757
|
Beltran-Leon v. INS
Vacation of criminal offense by state court doesn't remove legal basis for conviction and prevent deportation. |
Immigration |
|
May 24, 1999 | |
|
96-56208
|
Martinez v. Gomez
Limitations period on civil rights claim is tolled for prisoner serving life with possibility of parole. |
Prisoners Rights |
|
May 24, 1999 | |
|
96-827
|
Crawford-El v. Britton
Plaintiff need not prove improper motive of officials by clear and convincing evidence. |
Prisoners Rights |
|
May 24, 1999 | |
|
D028630
|
Michael G., a Minor
Clear and convincing evidence is required for termination of parental rights under Indian Child Welfare Act. |
Native American Affairs |
|
May 24, 1999 | |
|
A078588
|
Fretland v. County of Humboldt
Workers' compensation is exclusive remedy against employer for claim of assault by co-worker. |
Workers' Compensation |
|
May 24, 1999 | |
|
96-30237, 96-30238, 96-30239 and 96-30240
|
U.S. v. Lin
Specific intent is required in the federal crimes of hostage-taking and making ransom demands. |
Criminal Law and Procedure |
|
May 24, 1999 | |
|
96-55317
|
Metro Display Advertising Inc. v. City of Victorville
No immunity against allegation that city pressed bus shelter contractor to remove ads based on content. |
Government |
|
May 24, 1999 | |
|
97-10202
|
U.S. v. Graves
Accessory after the fact to felon in possession of firearm must know of primary offender's felony. |
Criminal Law and Procedure |
|
May 24, 1999 | |
|
93-50281
|
U.S. v. Keys
Plain error review applies to jury instruction error regarding materiality element of perjury. |
Criminal Law and Procedure |
|
May 24, 1999 | |
|
93-55392
|
Jacobson v. Hughes Aircraft Co.
Applying correct standard, former employee's raise cognizable claims regarding employer's administration of ERISA plan. |
Labor Law |
|
May 24, 1999 | |
|
95-39
|
U.S. v. Cordoba
Unstipulated polygraph evidence does not meet Daubert test for admission in evidence. |
Civil Procedure |
|
May 24, 1999 | |
|
97-70127
|
De Leon v. INS
Order |
|
May 24, 1999 | ||
|
G018071
|
People v. Quick
Drugs found during protective sweep of home inadmissible if search isn't supported by specific articulable facts. |
Criminal Law and Procedure |
|
May 24, 1999 | |
|
A075554
|
Middletown Rancheria of Pomo Indians v. WCAB
Workers' Compensation Appeals Board doesn't have subject matter jurisdiction over federally recognized Indian tribe. |
Workers' Compensation |
|
May 24, 1999 | |
|
B105840
|
First Fidelity Thrift & Loan Association v. Alliance Bank
Deed that is first of record, even though second in time, has priority. |
Real Property |
|
May 24, 1999 | |
|
B110310
|
People v. Buena Vista Mines Inc.
Felony complaint for violation of Porter-Cologne Water Quality Control Act is reinstated after improper dismissal. |
Criminal Law and Procedure |
|
May 24, 1999 | |
|
96-30304
|
U.S. v. Barragan-Devis
Failure to inform defense counsel of juror's question during deliberations is harmless error. |
Criminal Law and Procedure |
|
May 24, 1999 | |
|
96-36130
|
Selam v. Warm Springs Tribal Correctional Facility
Witnesses failure to appear isn't violation of compulsory process where defendant failed to subpoena them. |
Criminal Law and Procedure |
|
May 24, 1999 | |
|
B086805
|
People v. Williams
Once prior felony conviction allegations are found to be true, trial court cannot strike findings. |
Criminal Law and Procedure |
|
May 22, 1999 | |
|
B099525
|
People v. Fashina
On-bail enhancement is justified if admitting the allegation is part of plea agreement. |
Criminal Law and Procedure |
|
May 22, 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 |
|
May 22, 1999 | |
|
A076270
|
People v. Melhado
Failure to instruct jury on unanimity is reversible error. |
Criminal Law and Procedure |
|
May 22, 1999 |
