Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
98-55563
|
Nino v. Galaza
Attempting to exhaust state court remedies after death-penalty conviction tolls one-year limitation on federal habeas corpus relief. |
Criminal Law and Procedure |
|
Oct. 22, 1999 | |
97-56418 and 98-55128
|
Radio Television Espanola S.A. v. New World Entertainment Ltd.
Licensing of copyrighted audiovisual work requires a written contract signed by the copyright owner. |
Intellectual Property |
|
Oct. 22, 1999 | |
97-10386, 97-10387 and 97-10390
|
Matter of the Requested Extradition of Kevin John Artt
Order |
|
Oct. 22, 1999 | ||
97-16204 and 97-16240
|
Janas v. McCracken
Circumstantial evidence of deliberate misconduct must be factually pleaded in detail to prevail under Private Securities Litigation Reform Act. |
Securities |
|
Oct. 22, 1999 | |
D031041
|
People ex rel. Lockyer v. Shamrock Foods Co.
California law allows sale of milk not meeting state standards so long as it is labeled according to federal law. |
Administrative Agencies |
|
Oct. 22, 1999 | |
G023347
|
People v. Montes
Use of a thick chain in a manner intended to cause maximum injury constitutes assault with a deadly weapon. |
Criminal Law and Procedure |
|
Oct. 22, 1999 | |
H018276
|
Kleitman v. Superior Court (Wesley)
Court can't compel city council members to disclose personal recollections of closed city council meeting even if Brown Act violation alleged. |
Government |
|
Oct. 22, 1999 | |
C032139
|
Carlos G., a Minor
Dependency court needn't apply Indian Child Welfare Act after notices sent to tribes yield only replies that minor isn't child under Act. |
Juveniles |
|
Oct. 22, 1999 | |
B118328
|
People v. American Contractors Indemnity
Surety's motion to set aside bail forfeiture, on the ground that defendant was located in another country, requires 15 days notice. |
Criminal Law and Procedure |
|
Oct. 22, 1999 | |
A087145
|
In re Kirk
Trial court improperly considers noncertified psychological evaluations in making Sexually Violent Predator determination. |
Criminal Law and Procedure |
|
Oct. 22, 1999 | |
A084410
|
Marriage of Campbell
Extrinsic evidence offered to prove that oral transmutation occurred between spouses regarding real property is precluded by Family Code. |
Family Law |
|
Oct. 22, 1999 | |
C013846, C016505 and C019267
|
Paterno v. State of California
Inverse condemnation judgment awarded on erroneous legal theory and inaccurate law isn't proper and warrants a retrial. |
Real Property |
|
Oct. 22, 1999 | |
B114847
|
People v. Soto
Trial court lacks discretion to reduce sentence from first-degree murder to voluntary manslaughter when evidence could not support manslaughter conviction. |
Criminal Law and Procedure |
|
Oct. 22, 1999 | |
B124263 and B125272
|
Lagatree v. Luce, Forward, Hamilton & Scripps
Termination of employee who refuses to sign predispute arbitration agreement regarding work-related disputes doesn't violate public policy. |
Employment Law |
|
Oct. 22, 1999 | |
F029915
|
People v. Pena
Firearm inside a toolbox in the bed of a pickup truck is not in 'immediate personal possession' of driver. |
Criminal Law and Procedure |
|
Oct. 22, 1999 | |
C025957
|
People v. Buffington
No equal protection violation exists in evidentiary standards or psychological treatment under Sexually Violent Predators Act. |
Criminal Law and Procedure |
|
Oct. 22, 1999 | |
B122170
|
County of Los Angeles v. Taylor Billingslea Bail Bonds
Trial court may extend period to vacate bond forfeiture only for total of 180 days. |
Criminal Law and Procedure |
|
Oct. 22, 1999 | |
B116276
|
Auerbach v. Great Western Bank
Continuation of pre-existing duty isn't injury for fraud purposes. |
Torts |
|
Oct. 22, 1999 | |
B108984
|
Saret-Cook v. Gilbert, Kelly, Crowley & Jennett
Rescission is unavailable where substantial delay by rescinding party results in prejudice to opposing party. |
Contracts |
|
Oct. 22, 1999 | |
A076289
|
Eisenberg v. Alameda Newspaper Inc.
Statements in newspaper retraction aren't defamatory as a matter of law, and newspaper can't assert 'litigation privilege' to avoid potential lawsuit. |
Torts |
|
Oct. 22, 1999 | |
D031323
|
People v. Valenzuela
Pretextual stop of taxicab, ostensibly done to inspect it pursuant to a city ordinance, violates the Fourth Amendment. |
Criminal Law and Procedure |
|
Oct. 22, 1999 | |
S011206
|
People v. Smithey
Repeated questioning of defendant's psychiatric expert as to whether defendant had the requisite intent did not amount to prosecutorial misconduct. |
Criminal Law and Procedure |
|
Oct. 22, 1999 | |
A079430
|
Southern Pacific Transportation Co. v. Santa Fe Pacific Pipelines Inc.
Provision setting determination of rent increase by fair market value requires trial court to consider extrinsic evidence of exact method of valuation. |
Contracts |
|
Oct. 22, 1999 | |
E023958
|
Fontana Police Dept. v. Villegas-Banuelos
Party receiving unedited tapes of conversations between law enforcement agencies only after police's protective order was denied, is entitled to attorney fees. |
Government |
|
Oct. 22, 1999 | |
H018151
|
Maxconn Inc. v. Truck Insurance Exchange
Patent infringement isn't advertising injury, as defined as 'infringement of copyright, title, or slogan,' for duty-to-defend purposes. |
Insurance |
|
Oct. 22, 1999 | |
D028915 and D030826
|
People v. Hale
For a torture conviction, intent to cause cruel or extreme pain may be demonstrated through circumstantial evidence. |
Criminal Law and Procedure |
|
Oct. 22, 1999 | |
B125178
|
Certain Underwriters at Lloyds v. Western Pacific Roofing Corp.
Underwriter that is not a party to the litigation cannot be summarily added by the court as a judgment debtor. |
Civil Procedure |
|
Oct. 22, 1999 | |
G024467
|
Williams v. WCAB
Due to employer's failure to reject claim within 90 days of being filed, worker's injury is presumed to be compensable. |
Workers' Compensation |
|
Oct. 22, 1999 | |
H018406
|
Ingram v. Flippo
District attorney's statements made in a press release are privileged pursuant to prosecutorial immunity principles. |
Government |
|
Oct. 22, 1999 | |
B127783
|
Clay W., a Minor
Where minor's injuries aren't result of parent's unreasonable or neglectful acts, minor can't be deemed a dependent of the court. |
Juveniles |
|
Oct. 22, 1999 |