| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
96-1107 and 96-1115
|
Bankruptcy of Basham
Partial disgorgement of attorney fees is allowed after violations of bankruptcy code and rules. |
Bankruptcy |
|
Jun. 18, 1999 | |
|
95-99014
|
Thompson v. Calderon
Order |
|
Jun. 18, 1999 | ||
|
B114191
|
Jeff M. v. Superior Court (Los Angeles County Department of Children and Family Services)
Trial court is ordered to conduct trial in dependency action delayed more than one year. |
Juveniles |
|
Jun. 18, 1999 | |
|
95-50361
|
U.S. v. Mathews
Upward departure in sentencing resulting in greater sentence than conviction of additional crimes distorts guidelines. |
Criminal Law and Procedure |
|
Jun. 18, 1999 | |
|
95-99014
|
Thompson v. Calderon
Order |
|
Jun. 18, 1999 | ||
|
96-10473, 96-10474 and 96-10477
|
U.S. v. Juvenile Male
RICO charges can be supported by showing defendant's act had de minimis effect on interstate commerce. |
Criminal Law and Procedure |
|
Jun. 18, 1999 | |
|
96-15060
|
Morse v. North Coast Opportunities Inc.
Local 'Head Start' program's parents council isn't subject to liability for violations in approving employee's discharge. |
Civil Rights |
|
Jun. 18, 1999 | |
|
95-99014
|
Thompson v. Calderon
Order |
|
Jun. 18, 1999 | ||
|
95-35958
|
Young v. Weston
Order |
|
Jun. 18, 1999 | ||
|
96-7724
|
Fremont Indemnity Co. Inc. v. California National Physician's Insurance Co.
Earlier reported claim isn't covered under 'claims made' medical professional liability policy with reporting requirement. |
Insurance |
|
Jun. 18, 1999 | |
|
96-55362
|
National Distribution Agency v. Nationwide Mutual Insurance Co.
Dismissal isn't appealable if district court reserves option to amend to state more specific grounds. |
Civil Procedure |
|
Jun. 18, 1999 | |
|
92-55759
|
Schumer v. Hughes Aircraft Co.
Order |
|
Jun. 18, 1999 | ||
|
A073175
|
People v. Palacios
Credit reduction statute applies where offensive conduct pre-dates statute's effective date but continues after enactment. |
Criminal Law and Procedure |
|
Jun. 18, 1999 | |
|
B090362
|
Bormann v. Chevron USA Inc.
Juror's reading during deliberation of statement prepared over the weekend is not misconduct. |
Civil Procedure |
|
Jun. 18, 1999 | |
|
B105906
|
Branson v. Martin
Traffic court commissioner, acting as magistrate and trial judge, is granted immunity for judicial acts. |
Judges |
|
Jun. 18, 1999 | |
|
B102861
|
E.W.A.P., Inc. v. City of Los Angeles
Municipal ordinance designed to abate nuisance may be enforced against adult bookstore. |
Constitutional Law |
|
Jun. 18, 1999 | |
|
95-2335
|
Bankruptcy of Fraga
Corporation can be characterized as petition preparer even if attorney owns and operates corporation. |
Bankruptcy |
|
Jun. 18, 1999 | |
|
96-1999
|
Bankruptcy of Auto Parts Club Inc.
Unsecured creditors' counsel should scale back services after decision to sell most of debtor's assets. |
Bankruptcy |
|
Jun. 18, 1999 | |
|
96-1774
|
Bankruptcy of Cogar
Real property is not part of bankruptcy estate despite debtor's junior lien. |
Bankruptcy |
|
Jun. 18, 1999 | |
|
B094739
|
Sharon P. v. Arman Ltd.
Owner of commercial parking garage has duty to provide reasonable security for persons using the garage. |
Torts |
|
Jun. 18, 1999 | |
|
96-15897
|
Chief Probation Officers of California v. Shalala
Federal agency's termination of matching funds for state programs needn't comply with notice and comment requirements. |
Administrative Agencies |
|
Jun. 18, 1999 | |
|
96-15995
|
Charles v. Lundgren & Associates P.C.
Fair Debt Collection Practices Act governs third-party debt collector's efforts to recover on dishonored check. |
Business Law |
|
Jun. 18, 1999 | |
|
96-30115 and 96-30187
|
U.S. v. Collins
Ex post facto clause is violated by sentencing of defendants under new statute allowing increased punishment. |
Criminal Law and Procedure |
|
Jun. 18, 1999 | |
|
96-56437
|
Keith v. Volpe
State outdoor advertising statute cannot be overridden by district court unless it conflicts with federal law. |
Constitutional Law |
|
Jun. 18, 1999 | |
|
B106237
|
People v. Bishop
Court does not abuse discretion by dismissing two prior strikes of a non-violent offender. |
Criminal Law and Procedure |
|
Jun. 18, 1999 | |
|
B114191
|
Jeff M. v. Superior Court (Los Angeles County Department of Children and Family Services)
Trial court is ordered to conduct trial in dependency action delayed more than one year. |
Juveniles |
|
Jun. 18, 1999 | |
|
B104513
|
People v. Garcia
Circumstances justify ordering defendant to wear 'react belt' capable of delivering electric shock during trial. |
Criminal Law and Procedure |
|
Jun. 18, 1999 | |
|
B099018
|
Zelda Inc. v. Northland Insurance Corp.
Insured cannot trigger duty to defend by speculating about extraneous 'facts' regarding potential liability. |
Insurance |
|
Jun. 18, 1999 | |
|
B104077
|
People v. Phillips
Failure to provide defendant with names of prospective jurors isn't prejudicial error requiring overturning conviction. |
Criminal Law and Procedure |
|
Jun. 18, 1999 | |
|
95-55657
|
Cooper v. Pickett
Fraud liability is based on statements to analyst by corporate insiders with intent to reach market. |
Securities |
|
Jun. 18, 1999 |
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