| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
H015061
|
Marriage of Gowan
Trial court retains jurisdiction to award part of husband's pension plan pursuant to earlier dissolution judgment. |
Family Law |
|
Jul. 9, 1999 | |
|
A075660
|
People v. Barriga
Defendant's sentence for sex offense can be amended two years later to include omitted AIDS test. |
Criminal Law and Procedure |
|
Jul. 9, 1999 | |
|
C022930
|
People v. Preller
Jury instruction correctly states elements of crime of child abuse resulting in death. |
Criminal Law and Procedure |
|
Jul. 9, 1999 | |
|
E017682
|
Estate of McCrary
Decedent's maternal first cousins must share estate with issue of deceased paternal first cousins. |
Probate and Trusts |
|
Jul. 9, 1999 | |
|
96-70039
|
Calderon v. U.S. District Court (Hill)
Mandamus petitioner must seek habeas corpus relief alleging exhausted claim before attempting to compel postconviction discovery. |
Criminal Law and Procedure |
|
Jul. 9, 1999 | |
|
94-16912
|
Thompson v. Mahre
No 'knock-notice' requirement if officers execute warrant regarding suspected drug dealer with possible warning. |
Civil Rights |
|
Jul. 9, 1999 | |
|
93-16792
|
Doe v. Lawrence Livermore National Laboratory
Order |
|
Jul. 9, 1999 | ||
|
94-56527
|
Harris v. Ford Motor Co.
Safety Act pre-empts state product liability claim against manufacturer for failing to install driver-side airbag. |
Torts |
|
Jul. 9, 1999 | |
|
95-16756
|
Polido v. State Farm Mutual Automobile Insurance Co.
Court needn't exercise jurisdiction over removed state declaratory claim on dismissal of obligatory monetary claims. |
Civil Procedure |
|
Jul. 9, 1999 | |
|
95-50369
|
U.S. v. Bancalari
Defendant's knowledge accomplice will use gun doesn't support aiding and abetting using firearm in kidnapping. |
Criminal Law and Procedure |
|
Jul. 9, 1999 | |
|
96-16314
|
Insurance Company of North America v. Hilton Hotels U.S.A.
Order |
|
Jul. 9, 1999 | ||
|
96-16377
|
Nordyke v. Santa Clara County
County violates First Amendment by requiring ban on gun sales in lease with fairground operator. |
Constitutional Law |
|
Jul. 9, 1999 | |
|
95-17175, 96-36117, 95-36188 and 95-56278
|
Gee v. Southwest Airlines
Airline Deregulation Act pre-empts state law claims regarding crew's service but not concerning safety operations. |
Torts |
|
Jul. 9, 1999 | |
|
95-56511 and 96-55364
|
Bankruptcy of Gergely
Doctor isn't entitled to discharge of obstetric malpractice debt if misrepresentation to baby/creditor's mother. |
Bankruptcy |
|
Jul. 9, 1999 | |
|
96-711
|
Simon v. Value Behavioral Health Inc.
Third party who isn't health care provider cannot sue on assigned claim for ERISA benefits. |
Contracts |
|
Jul. 9, 1999 | |
|
S059576
|
People v. Rusco
Simple possession charge is lesser included offense to possession of some marijuana for sale. |
Criminal Law and Procedure |
|
Jul. 9, 1999 | |
|
96-7171
|
Spencer v. Kemna
Certiorari granted |
|
Jul. 9, 1999 | ||
|
95-16018
|
Federal Trade Commission v. Publishing Clearing House Inc.
'Straw' president of corporation conducting fraudulent telemarketing can be jointly liable for restitution to consumers. |
Administrative Agencies |
|
Jul. 9, 1999 | |
|
96-04033
|
Bankruptcy of Mitchell
Removal statute cannot be used to remove pending district court action to same district court. |
Bankruptcy |
|
Jul. 9, 1999 | |
|
96-8005
|
In re Eileen Vey
Order |
|
Jul. 9, 1999 | ||
|
96-910
|
Chicago v. Intl. College of Surgeons
Certiorari granted |
|
Jul. 9, 1999 | ||
|
96-976
|
Hudson v. U.S.
Certiorari granted |
|
Jul. 9, 1999 | ||
|
96-126
|
Chandler v. Miller
Georgia cannot require state office candidates to pass drug test prior to qualifying for election. |
Government |
|
Jul. 9, 1999 | |
|
B089620
|
Crusader Insurance Co. v. Scottsdale Insurance Co.
Statute requiring brokers place risks with admitted insurers, doesn't create private right of action to sue. |
Insurance |
|
Jul. 9, 1999 | |
|
B100470
|
Salimi v. State Compensation Insurance Fund
Employer's claims against carrier for failure to defend and indemnify aren't within WCAB's exclusive jurisdiction. |
Workers' Compensation |
|
Jul. 9, 1999 | |
|
B101822
|
People v. Adames
Transmitting genital herpes is aggravating sentencing factor and AIDS testing mandate isn't unconstitutional punishment. |
Criminal Law and Procedure |
|
Jul. 9, 1999 | |
|
F025107
|
People v. Gallegos
Dismissal of case after motion to suppress is granted doesn't prevent refiling of charges. |
Criminal Law and Procedure |
|
Jul. 9, 1999 | |
|
A073483
|
Jackson v. Wells Fargo Bank
Stipulation to 'artificially' dismiss claim to allow appeal of summarily adjudicated issues is not permitted. |
Civil Procedure |
|
Jul. 9, 1999 | |
|
B092270
|
Bitters v. Networks Electronic Corp.
Order |
|
Jul. 9, 1999 | ||
|
E018537
|
People v. Ritter
Removal and search of fanny pack belonging to man detained but not arrested is permissible. |
Criminal Law and Procedure |
|
Jul. 9, 1999 |
