| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
96-1296
|
Bankruptcy of Chang
Debts owed to health professional or guardian ad litem in child custody dispute are dischargeable. |
Bankruptcy |
|
Jun. 20, 1999 | |
|
96-1190
|
Cable v. Dept. of Developmental Services of the State of California
State's failure to provide services to disabled persons is actionable under Americans with Disabilities Act. |
Administrative Agencies |
|
Jun. 20, 1999 | |
|
B099657
|
People v. Bierman
Defendant gets resentencing if pre-'Romero' record is silent on court's discretion to strike prior conviction. |
Criminal Law and Procedure |
|
Jun. 20, 1999 | |
|
92-O-11504 and 92-O-11486
|
Berg v. State Bar
Repeated fraudulent billing while acting as 'Cumis' counsel and civil fraud verdict support disbarment recommendation. |
Attorneys |
|
Jun. 20, 1999 | |
|
97-215
|
Calderon v. Thompson
Certiorari granted |
|
Jun. 20, 1999 | ||
|
93-56400 and 94-55188
|
Inter-Modal Rail-Employees Assoc. v. The Atchison Topeka and Santa Fe Railway Co.
Order |
|
Jun. 20, 1999 | ||
|
D025750
|
People v. Martinez
Substantial evidence supports finding no prejudice to defendant by four-year delay before information filed. |
Criminal Law and Procedure |
|
Jun. 20, 1999 | |
|
D025287
|
Estate of John Housley
Triable issue of fact exists as to when oral agreement to 'leave everything' to individual was made. |
Probate and Trusts |
|
Jun. 20, 1999 | |
|
92-35597 and 92-36535
|
Far West Federal Bank v. Office of Thrift Supervision
Statutory abrogation of regulator's agreement to loosen controls entitles investors to rescind agreement and recover investment. |
Banking |
|
Jun. 20, 1999 | |
|
95-17083
|
Nelson v. Cyprus Bagdad Copper Corp.
Employee handbook's arbitration provision doesn't preclude right to judicial determination of Americans with Disabilities Act claim. |
Labor Law |
|
Jun. 20, 1999 | |
|
95-30370
|
U.S. v. Lacy
Search warrant for child pornography downloaded by defendant's computer 10 months earlier isn't impermissibly stale. |
Criminal Law and Procedure |
|
Jun. 20, 1999 | |
|
97-55089
|
In re Grand Jury Subpoena
Court's decision not to hold a pre-indictment hearing regarding compelled testimony isn't appealable order. |
Criminal Law and Procedure |
|
Jun. 20, 1999 | |
|
94-56497
|
Weisbuch v. County of Los Angeles
Public hospital's medical director's demotion for criticizing supervisor's decision-making methods doesn't support First Amendment claim. |
Constitutional Law |
|
Jun. 20, 1999 | |
|
95-55525
|
Hartman v. Summers
Challenge to scheme for releasing insanity acquittees without allegation for release, fails for lack of standing. |
Criminal Law and Procedure |
|
Jun. 20, 1999 | |
|
96-17056
|
America West Airlines Inc. v. National Mediation Board
Discharged employee with pending claim seeking reinstatement can vote in union representation election. |
Labor Law |
|
Jun. 20, 1999 | |
|
B102493
|
Conley v. Matthes
Deficiency action is barred when substance of transaction constitutes a purchase money transaction. |
Real Property |
|
Jun. 20, 1999 | |
|
B101583 and B104345
|
Oceanside 84 Ltd. v. Fidelity Federal Bank
Bank's calculation of new interest rate on adjustable loan 65 days before payment date isn't breach. |
Banking |
|
Jun. 20, 1999 | |
|
A074457
|
Genger v. Delsol
Widow's proposed action, challenging husband's estate plan, qualifies as 'contest,' triggering trust's no-contest clause. |
Probate and Trusts |
|
Jun. 20, 1999 | |
|
C025288
|
In re Winner
Statute precluding restoration of forfeited worktime credits isn't ex post facto law as applied to prisoner. |
Criminal Law and Procedure |
|
Jun. 20, 1999 | |
|
B098355
|
Breda Costruzioni Ferroviarie S.P.A. v. Los Angeles County Metropolitan Transportation Authority
Government entity's retention of interest earned by funds held under subcontractor's stop notice is unconstitutional. |
Government |
|
Jun. 20, 1999 | |
|
B097156
|
Cochran v. Cochran
Statute of limitations begins to run on support breach when payments stop, not when relationship ends. |
Family Law |
|
Jun. 20, 1999 | |
|
96-55456
|
Premo v. Martin
Eleventh Amendment immunity doesn't bar enforcement of arbitration award against state under Randolph-Sheppard Vending Act. |
Government |
|
Jun. 20, 1999 | |
|
95-35819
|
Exxon Shipping Co. v. Airport Depot Diner Inc.
Avoiding conflict between federal law and application of local law doesn't warrant preemptive federal declaratory relief. |
Civil Procedure |
|
Jun. 20, 1999 | |
|
94-15495
|
Sabelko v. The City of Phoenix
City's floating buffer zone restriction on demonstrators outside of health care facilities violates First Amendment. |
Constitutional Law |
|
Jun. 20, 1999 | |
|
96-50035
|
U.S. v. Rogers
Judge's acquisition of stock in defendant's corporate victim after sentencing doesn't require recusal on resentencing. |
Criminal Law and Procedure |
|
Jun. 20, 1999 | |
|
B097156
|
Cochran v. Cochran
Statute of limitations begins to run on support breach when payments stop, not when relationship ends. |
Family Law |
|
Jun. 20, 1999 | |
|
96-35156
|
Sweaney v. Ada County, Idaho
In 1993, parent had no clear right to strike child with belt without criminal exposure. |
Civil Rights |
|
Jun. 20, 1999 | |
|
95-16242
|
Stanley v. City of Tracy
City police sergeants aren't entitled to back overtime compensation under salary-basis test. |
Labor Law |
|
Jun. 20, 1999 | |
|
94-10022 and 94-10023
|
U.S. v. Knapp
With overwhelming materiality evidence of false statements, removal of issue from jury isn't reversible error. |
Criminal Law and Procedure |
|
Jun. 20, 1999 | |
|
94-30277
|
U.S. v. Johnny Lynn Old Chief
Order |
|
Jun. 20, 1999 |
