| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
96-55055
|
Johns v. County of San Diego
Non-attorney parent or guardian cannot bring action on behalf of minor child without retaining lawyer. |
Civil Procedure |
|
Jun. 26, 1999 | |
|
95-16689 and 95-16844
|
Beals v. Kiewit Pacific Co. Inc.
Labor Management Relations Act pre-empts breach claim of independent employment contract covered by collective bargaining agreement. |
Labor Law |
|
Jun. 26, 1999 | |
|
95-70395
|
Abdel-Razek v. INS
No judicial review of deportation for criminal offense despite order's failure to specifically reference statute. |
Immigration |
|
Jun. 26, 1999 | |
|
95-56336 and 96-55060
|
General Commercial Packaging Inc. v. TPS Package Engineering Inc.
Contract limiting party's access to narrow market segment doesn't violate California prohibitions against trade restraints. |
Contracts |
|
Jun. 26, 1999 | |
|
96-16663
|
Young v. Reno
Immigration and Nationality Act bars adopted child from conferring preferential status on natural siblings. |
Immigration |
|
Jun. 26, 1999 | |
|
95-16391
|
Law v. General Motors Corp.
Boiler Inspection Act pre-empts state claims against railroad manufacturers for alleged train design defects. |
Torts |
|
Jun. 26, 1999 | |
|
95-16649
|
U.S. v. Fonseca-Caro
Defendant is vicariously liable for gun use by co-conspirator despite law requiring defendant's active firearm employment. |
Criminal Law and Procedure |
|
Jun. 26, 1999 | |
|
96-15250
|
Abromson v. American Pacific Corp.
Company's nondisclosure of early loan repayment's potential adverse effect is immaterial absent forcible repayment. |
Securities |
|
Jun. 26, 1999 | |
|
96-30291
|
U.S. v. Jones
No requirement to use current Guidelines at resentencing and post-sentencing finances are usable to re-set fine. |
Criminal Law and Procedure |
|
Jun. 26, 1999 | |
|
94-10534
|
U.S. v. Sablan
District court needn't gauge extent of departure from Sentencing Guidelines by analogy to other guidelines. |
Criminal Law and Procedure |
|
Jun. 26, 1999 | |
|
96-16438
|
Bucholtz v. Belshe
California cannot recover Medi-Cal costs for decedents from beneficiaries of intervivos trusts. |
Government |
|
Jun. 26, 1999 | |
|
95-50370
|
U.S. v. Paguio
Parent's confession clearing minor child is admissible under hearsay exception for inculpatory statement of unavailable witness. |
Criminal Law and Procedure |
|
Jun. 26, 1999 | |
|
95-56774
|
Dufresne v. Veneman
Action against chemical pesticide use is moot since pest's eradication precludes need for further spraying. |
Torts |
|
Jun. 26, 1999 | |
|
96-55290
|
Nunez v. City of San Diego
City's broad juvenile curfew ordinance is unconstitutionally vague and violates parents' and minors' rights. |
Constitutional Law |
|
Jun. 26, 1999 | |
|
G017197
|
Kunec v. Brea Redevelopment Agency
City council has duty to explain its reasons for invoking 'rule of necessity.' |
Government |
|
Jun. 26, 1999 | |
|
A073716
|
Gruendl v. Oewel Partnership Inc.
On motion to amend judgment to impose alter-ego liability on non-party, court must prepare statement of decision. |
Civil Procedure |
|
Jun. 26, 1999 | |
|
A071398
|
Rooz v. Kimmel
Hold harmless agreement absolves title company's liability for failure to timely record deed of trust. |
Contracts |
|
Jun. 26, 1999 | |
|
B100781
|
People v. Williams
Failure to instruct jury on defendant's 'absence of flight' after committing crime doesn't violate due process. |
Criminal Law and Procedure |
|
Jun. 26, 1999 | |
|
E018144
|
People v. Clark
No relief for failure to instruct on enhancement elements if more favorable result is improbable. |
Criminal Law and Procedure |
|
Jun. 26, 1999 | |
|
B094351
|
Continental Insurance Co. v. Lexington Insurance Co.
Umbrella policy is not subject to proration with a primary policy converted to excess policy. |
Insurance |
|
Jun. 26, 1999 | |
|
C022340
|
International Association of Plumbing and Mechanical Officials v. California Building Standards Commission (International Conference of Building Officials)
Law cannot be interpreted to give private organization veto power over state building standards and regulation. |
Administrative Agencies |
|
Jun. 26, 1999 | |
|
B095278
|
Community Redevelopment Agency of The City of Hawthorne v. Force Electronics
Condemnee can choose to allow installment payments on eminent domain taking or get property back. |
Real Property |
|
Jun. 26, 1999 | |
|
D025362
|
Grayden N., a Minor
Statute permits driving privilege revocation following conviction of misdemeanor or felony assault using automobile. |
Juveniles |
|
Jun. 26, 1999 | |
|
A077604
|
Janice J. v. Superior Court of Solano County (Department of Social Services)
Order |
|
Jun. 26, 1999 | ||
|
B104586
|
Davis v. Civil Service Commission
Discharge of employee for making death threats is not an abuse of discretion. |
Employment Law |
|
Jun. 26, 1999 | |
|
96-1470
|
Quality King Distributors v. L'Anza Research Intl.
Certiorari granted |
|
Jun. 26, 1999 | ||
|
C012622
|
Moreno v. S.H. Kress & Co.
Proposition 51's limitation of damages for 'deep pocket' tortfeasors doesn't apply to retailer of defective product. |
Torts |
|
Jun. 26, 1999 | |
|
A074526
|
Pereira-Goodman v. Anderson
Person not currently receiving welfare isn't entitled to administrative hearing to contest child support enforcement dispute. |
Government |
|
Jun. 26, 1999 | |
|
A074161
|
Southern California Labor Management Operating Engineers Contract Compliance Committee v. Aubry
Construction project awarded by federal government agency is not subject to California prevailing wage law. |
Labor Law |
|
Jun. 26, 1999 | |
|
S052972
|
Sullivan v. Delta Air Lines
Statute barring recovery of damages for pain and suffering doesn't apply if plaintiff dies during appeal. |
Civil Procedure |
|
Jun. 26, 1999 |
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