| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
96-56462
|
Turner v. Marshall
No valid challenge to African-American juror for aversion to gory pictures given white juror's greater squeamishness. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
95-16047
|
Bevard v. Farmers Insurance Exchange
Plaintiff is liable for costs after not improving position by rejecting defendant's offer and having trial. |
Civil Procedure |
|
Jun. 15, 1999 | |
|
C024898
|
Dept. of Social Services v. Superior Court (Siskiyou County Child Protective Services)
Department of Social Services, not court, has authority to determine minor's placement after parents' rights terminated. |
Juveniles |
|
Jun. 15, 1999 | |
|
H013638, H014028, H014384
|
Californians for Population Stabilization v. Hewlett-Packard Co.
Foreign company's employee practices do not violate statute prohibiting unfair competition or business practices. |
Labor Law |
|
Jun. 15, 1999 | |
|
E018547
|
People v. Jones
'One strike' aggravated kidnapping circumstance doesn't require proof of pre-existing specific intent to commit sexual offense. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
S046944
|
Rutherford v. Owens-Illinois, Inc.
Asbestos-injured plaintiff must show exposure to defendant's product is substantial factor, within reasonable medical probability. |
Torts |
|
Jun. 15, 1999 | |
|
B099684
|
Southern California Edison Co. v. Workers' Compensation Appeals Board (Tate)
Previous workers' compensation benefits paid to employee must be included in calculating employer's credit threshold. |
Workers' Compensation |
|
Jun. 15, 1999 | |
|
B108082
|
National Paint & Coatings Association Inc. v. State of California
Paint manufacturers' challenge to private citizen enforcement provisions of drinking water and toxic chemicals legislation fails. |
Government |
|
Jun. 15, 1999 | |
|
B107519
|
Serafin v. First Interstate Bank
Bank isn't liable for failure to record deed of trust reconveyance since certificate delivered to mortgagor. |
Banking |
|
Jun. 15, 1999 | |
|
B108632
|
Tamneisha S., A Minor
Court has discretion to order legal guardianship as permanent placement plan absent showing adoption likely. |
Juveniles |
|
Jun. 15, 1999 | |
|
B110962
|
People v. Humphrey
Court errs in striking 20-year-old prior strike since defendant led continuous life of crime. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
H013671
|
People v. Hill
Act of throwing evidence from car, in full view of police, doesn't support concealment conviction. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
B098926
|
Los Angeles Unified School District v. City of Los Angeles
Environmental impact report for development plan is inadequate for failure to address traffic noise at schools. |
Environmental Law |
|
Jun. 15, 1999 | |
|
A076008
|
Lyon Metal Products, Inc. v. State Board of Equalization
Tax on drop shipments of goods from California wholesalers directly to in-state customers is valid. |
Taxation |
|
Jun. 15, 1999 | |
|
B112683
|
People v. Superior Court (Shamis)
Order dismissing murder and insurance fraud charges against party is unwarranted if evidence indicates involvement. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
96-10159 and 96-10160
|
U.S. v. Cruz
Newcomer doesn't join drug-distribution conspiracy after government's seizure of narcotics and co-conspirators arrest. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
D027302
|
Reveles v. Toyota By The Bay
Court can retain jurisdiction to determine prevailing party even when judgment is entered by agreement. |
Civil Procedure |
|
Jun. 15, 1999 | |
|
96-35145
|
Wilson v. Marchington
Full faith and credit principles don't govern federal court recognition and enforcement of tribal judgment. |
Native American Affairs |
|
Jun. 15, 1999 | |
|
B108279
|
Epstein v. Abrams
Trial court improperly approves settlement agreement permitting client to defeat attorney's existing lien for fees. |
Attorneys |
|
Jun. 15, 1999 | |
|
B096771
|
Warren v. Schecter
Plaintiff facing imminent death absent receiving funds for medical care is entitled to calendar preference. |
Torts |
|
Jun. 15, 1999 | |
|
93-15132
|
Papai v. Harbor Tug and Barge Co.
Order |
|
Jun. 15, 1999 | ||
|
96-50528
|
U.S. v. Schuman
Court's statements and government's objection should make defendant aware plea agreement might bar appeal right. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
96-55003
|
Bankruptcy of Fisher
Express novation extinguishes creditor's fraud claim against debtor based on original contract. |
Bankruptcy |
|
Jun. 15, 1999 | |
|
S004720
|
People v. Williams
No prejudicial errors are found in defendant's conviction and death sentence for gang-related murder. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
B105793 and B105916
|
Private Industry Council of Southeast Los Angeles Inc. v. Employment Development Department
Agency directive, imposing one-year time limit for expenditure of federal funds, is invalid. |
Administrative Agencies |
|
Jun. 15, 1999 | |
|
B102559
|
People v. Estrada
Trial court's erroneous jury instruction regarding special sentencing allegation for sex offense is harmless. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
C012464
|
People v. Smith
Negligence doesn't satisfy the mental state required for conviction of assault with a deadly weapon. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
H014191
|
Valley Title Co. v. San Jose Water Co.
Investor-owned public utility is immune from negligence suit for damages caused by fire service pipeline. |
Torts |
|
Jun. 15, 1999 | |
|
B106312
|
Thompson v. Thames
Court can reserve jurisdiction to make all child support orders retroactive to the original hearing date. |
Family Law |
|
Jun. 15, 1999 | |
|
B097482
|
Tsemetzin v. Coast Federal Savings and Loan Association
Termination of lease obligations of assignee has no legal impact on assignor's continuing lease obligations. |
Real Property |
|
Jun. 15, 1999 |
