| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
97-0549
|
State v. Holm
Conviction for possession of drug paraphernalia doesn't constitute lesser-included offense under Arizona Law. |
Criminal Law and Procedure |
|
May 20, 1999 | |
|
S066488
|
People v. Alvarez
Order |
|
May 20, 1999 | ||
|
S066143
|
People v. Callihan
Order |
|
May 20, 1999 | ||
|
B110351
|
Gentis v. Safeguard Business Systems Inc.
Persons who solicit orders but lack authority to enter contracts are franchisees. |
Contracts |
|
May 20, 1999 | |
|
96-10110
|
U.S. v. Aviles
Drug task force member can't withhold information material to wiretap application to protect separate investigation. |
Criminal Law and Procedure |
|
May 20, 1999 | |
|
G022570
|
Hollister v. Benzl
A patient is bound by an arbitration agreement with a physician if she voluntarily signed it prior to receiving medical treatment. |
Civil Procedure |
|
May 20, 1999 | |
|
98-611
|
Hon. Liz Figueroa
Health care plan corporation can't make arrangement with cosmetic service providers for services at lower rate & fee collection arrangement. |
Contracts |
|
May 20, 1999 | |
|
E021505
|
Erickson v. Aetna Health Plans of California, Inc.
Arbitration clause in health care manual is binding under general principles of contract law in California. |
Insurance |
|
May 20, 1999 | |
|
E022141
|
Trudgeon v. Fantasy Springs Casino
Tribal corporation has sovereign immunity in its casino operation because its purpose and activities are considered extensions of the tribe. |
Native American Affairs |
|
May 20, 1999 | |
|
H017187
|
Benavidez v. San Jose Police Department
Police failure to protect woman and her son from brutal attack by boyfriend, doesn't create a 'special relationship' duty under negligence theory. |
Torts |
|
May 20, 1999 | |
|
A082244
|
City and County of San Francisco v. Freeman
State statute that disallows child support hardship deduction if either parent is receiving public assistance is constitutional. |
Family Law |
|
May 20, 1999 | |
|
H018163
|
People v. Tobias
Ex post facto clause isn't violated by reviving expired limitation period in criminal statute. |
Criminal Law and Procedure |
|
May 20, 1999 | |
|
98-211
|
Hon. Wesley Chesbro, Member of the California State Senate
School district may, but isn't required to disclose sex offender information it obtains from police or parents. |
Government |
|
May 20, 1999 | |
|
96-71083
|
Administrator, State of Arizona v. U. S. Environmental Protection Agency
Tribe's plan for redesignation of reservation lands under Clean Air Act satisfies procedural requirements. |
Environmental Law |
|
May 20, 1999 | |
|
97-16619
|
Griggs v. Pace American Group Inc.
Under 1934 Act, former shareholder who exchanges stock for contingent rights to receive shares, has standing to sue as stock 'purchaser.' |
Securities |
|
May 20, 1999 | |
|
97-15769
|
U.S. v. Berke
Consent decree enjoining defendant from selling sexually explicit materials can't be vacated on First Amendment grounds, if trial court has proper jurisdiction. |
Constitutional Law |
|
May 20, 1999 | |
|
98-70347
|
American Rivers v. Federal Energy Regulatory Commission
Order |
|
May 20, 1999 | ||
|
97-10113
|
U.S. v. Rodrigues
Prosecutorial misconduct, including disparaging statements to jury about defense counsel, requires reversal of convictions. |
Criminal Law and Procedure |
|
May 20, 1999 | |
|
98-1012
|
Hon. Jim Costa, Member of the California State Senate
Notice & hearing are necessary before irrigation water district can impose water usage surcharge in addition to charges based on acreage. |
Administrative Agencies |
|
May 20, 1999 | |
|
97-17367
|
Bankruptcy of Arrol
Chapter 7 debtor can apply California homestead exemption to property in Michigan. |
Bankruptcy |
|
May 20, 1999 | |
|
97-71132
|
National Labor Relations Board v. Kolkka
Employer must bargain with collective bargaining representative even though some voting employees are undocumented aliens. |
Labor Law |
|
May 20, 1999 | |
|
97-6203
|
Jones v. U.S.
'Carjacking' statute requires three distinct offenses be charged in indictment, proven beyond a reasonable doubt and presented to jury for verdict. |
Criminal Law and Procedure |
|
May 20, 1999 | |
|
97-17370
|
Burrell v. Starr Nursery Inc.
Summary judgment is improper where presumption of employer's vicarious liability, for supervisor's act of sexual harassment, isn't overcome. |
Employment Law |
|
May 20, 1999 | |
|
97-16942
|
Quarty v. U.S.
Taxpayers' constitutional rights aren't violated by retroactive application of increased estate and gift taxes. |
Taxation |
|
May 20, 1999 | |
|
D029608
|
People v. Hale
Relieving state's burden, by instructing jury that allegations of defendant's prior out-of-state felony convictions are true, requires reversal. |
Criminal Law and Procedure |
|
May 20, 1999 | |
|
F031267
|
People v. Ramirez
Defendant isn't entitled to a verbal advisement of the immigration consequences of pleading guilty. |
Criminal Law and Procedure |
|
May 20, 1999 | |
|
E023977
|
Riverside County Department of Public Social Services v. Superior Court (Mary Ann M.)
It is proper to deny reunification services to any parent whose rights to another child have been terminated. |
Family Law |
|
May 20, 1999 | |
|
D029461 and D030270
|
Bolsa Chica Land Trust v. Superior Court (Bolsa Chica Land Trust)
Coastal Act doesn't permit destruction of environmentally sensitive habitat area simply based on proposed offsite mitigation. |
Environmental Law |
|
May 20, 1999 | |
|
A079097
|
Guardianship of Z.C.W.
Lesbian partner who isn't adoptive or biological parent of child conceived during lesbian relationship isn't entitled to visitation rights through guardianship. |
Family Law |
|
May 20, 1999 | |
|
G019116
|
Thompson v. Friendly Hills Regional Medical Center
Motion for new trial isn't supported by allegation of jury misconduct in adding attorney fees to an award for damages. |
Civil Procedure |
|
May 20, 1999 |
