| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D020282
|
Brown v. Smith
Landlord's sexual harassment is actionable under Fair Employment and Housing Act but not former Unruh Act. |
Civil Rights |
|
Jun. 28, 1999 | |
|
B101724
|
Kurinij v. Hanna and Morton
Summary judgment for attorneys in malpractice action when no triable issue of causation exists. |
Attorneys |
|
Jun. 28, 1999 | |
|
G020359
|
Amanda D., a Minor
Further evidence of incarcerated father's parental unfitness is not required at hearing terminating parental rights. |
Juveniles |
|
Jun. 28, 1999 | |
|
E015961
|
B.L.M. v. Sabo & Deitsch
Developer's malpractice action against bond counsel fails, since duty is to city as client, not developer. |
Attorneys |
|
Jun. 28, 1999 | |
|
B104541
|
Lindenstadt v. Staff Builders, Inc.
Court should review evidence de novo to determine whether arbitration award is based on illegal agreements. |
Contracts |
|
Jun. 28, 1999 | |
|
B101203
|
People v. Cloyd
No error in excluding evidence of victim's pending misdemeanor cases which were irrelevant to credibility. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
|
C020800
|
People v. Contreras
Carjacking is lesser included offense within crime of kidnapping to facilitate carjacking. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
|
C023565
|
People v. Crooks
Sentence of 25 years to life under first strike law is not cruel and unusual punishment. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
|
D025862
|
People v. White
Amended statute allowing deduction of restitution from prison wages doesn't violate ex post facto laws. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
|
B109267
|
Soil v. Superior Court (People)
Second suppression motion must be heard by judge who heard first motion, if judge is available. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
|
B097523
|
People ex rel. Dept. of Transportation v. Leslie
Measure of damages of condemned property holding two interdependent businesses is combined loss of goodwill. |
Real Property |
|
Jun. 28, 1999 | |
|
96-370
|
Bay Area Laundry v. Ferbar Corp.
Employer missing scheduled payment begins limitations period on pension fund's collection action for unpaid withdrawal liability. |
Labor Law |
|
Jun. 28, 1999 | |
|
94-70192 and 94-70262
|
Gardner Mechanical Services Inc. v. NLRB
Evidence supports NLRB's finding that union represented employees where employer's pre-election conduct invalidated election results. |
Labor Law |
|
Jun. 28, 1999 | |
|
S053938
|
Wright v. Superior Court (People)
Sex offenders failure to notify police of change of address is not a continuing offense. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
|
96-7151
|
Lewis v. U.S.
Where state's first-degree murder statute isn't statutorily made federal law, federal second-degree statute controls. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
|
95-16202
|
Associated Builders & Contractors Inc. v. Local 302 International Brotherhood of Electrical Workers
Non-union contractors' claims of illegal job targeting programs by union aren't pre-empted by federal law. |
Labor Law |
|
Jun. 28, 1999 | |
|
G016361
|
Tietge v. Western Province of The Servites, Inc.
Statute retroactively amending statute of limitations revives adults' suit against priest for molestations occurring during childhood. |
Torts |
|
Jun. 28, 1999 | |
|
96-491
|
Inter-Modal Rail Assn. v. AT&SF Rwy. Co.
Certiorari granted |
|
Jun. 28, 1999 | ||
|
96-70314
|
The Wausau Insurance Companies v. Director, Office of Workers Compensation Programs
Order |
|
Jun. 28, 1999 | ||
|
96-1370
|
Fidelity Financial Services Inc. v. Fink
Security interest is 'perfected' for enabling loan defense only if state requirements satisfied within twenty days. |
Bankruptcy |
|
Jun. 28, 1999 | |
|
B094281
|
Building Maintenance Services Co. v. AIL Systems Inc.
Prevailing party isn't entitled to attorney fees if indemnification clause does not contain fee provision. |
Contracts |
|
Jun. 28, 1999 | |
|
96-70037
|
Harbor Bancorp & Subsidiaries v. Commissioner of Internal Revenue
County bonds, used for nonpurpose investments contrary to issuer's intent, are taxable as arbitrage bonds. |
Taxation |
|
Jun. 28, 1999 | |
|
94-70192 and 94-70262
|
Gardner Mechanical Services Inc. v. NLRB
No 'members only' agreement if labor union didn't know about disparate treatment of non-union employees. |
Labor Law |
|
Jun. 28, 1999 | |
|
96-50151
|
U.S. v. Iriarte-Ortega
Order |
|
Jun. 28, 1999 | ||
|
94-56365
|
Perkins v. City of West Covina
Order |
|
Jun. 28, 1999 | ||
|
B129530
|
Pedus Services Inc. v. Superior Court (Clauson)
'10-day/5-day rule' is applicable timeliness requirement for peremptory challenge directed at discovery referee. |
Civil Procedure |
|
Jun. 28, 1999 | |
|
A082685
|
Hayward Area Planning Association Inc. v. Alameda County Transportation Authority
Funds generated under state transportation statute, to implement specific project, can't be diverted to different project without public participation. |
Administrative Agencies |
|
Jun. 28, 1999 | |
|
B107992
|
Nelson v. Anderson
Absent special duty, shareholder's remedy for breach of fiduciary duty claim is a derivative, rather than individual, action. |
Corporations |
|
Jun. 28, 1999 | |
|
F028993
|
Smith v. Fresno Irrigation District
Hazards inherent in employee's 'safety sensitive' position with an independent state agency justifies random drug testing. |
Constitutional Law |
|
Jun. 28, 1999 | |
|
D031171
|
County of Santa Barbara v. Connell
County clerk can't withhold more than $3 from civil filing fee for automated records system and micrographic document storage. |
Government |
|
Jun. 28, 1999 |
