| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
H016221
|
Swan Magnetics Inc. v. Superior Court (Antek Peripherals Inc.)
Arbitrator, not superior court, can modify Injunction issued after arbitration based on changed circumstances. |
Civil Procedure |
|
Jun. 12, 1999 | |
|
A073484
|
People v. Trippet
Marijuana possession conviction remanded to determine whether doctor had approved use under Proposition 215. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
95-2329
|
Kimble v. Metropolitan Life Insurance Co.
ERISA plan administrator can base interpretation of beneficiaries on designation form despite contrary extraneous evidence. |
Employment Law |
|
Jun. 12, 1999 | |
|
96-15934
|
Zamarripa v. City of Mesa
State criminal court's determination confession was voluntary is not final and doesn't bar further litigation |
Civil Rights |
|
Jun. 12, 1999 | |
|
96-545
|
Evans v. Runyon
Failure to present evidence sufficient to establish prima facie case of discrimination warrants dismissal. |
Employment Law |
|
Jun. 12, 1999 | |
|
94-56584
|
Liston v. County of Riverside
No qualified immunity for officer who doesn't mention property's sale signs in search warrant affidavit. |
Civil Rights |
|
Jun. 12, 1999 | |
|
D023202
|
Federal National Mortgage Association v. Bugna (Kent)
Secured creditor only entitled to claim rents paid after creditor's post-default written demand for rent. |
Real Property |
|
Jun. 12, 1999 | |
|
B105110
|
Elliott & Ten Eyck Partnership v. City of Long Beach
Judge acting as 'arbitrator' pursuant to parties' agreement exercises judicial powers with authority to modify decision. |
Contracts |
|
Jun. 12, 1999 | |
|
B099982
|
Robert L. Hix Trust v. American Honda Motor Co. Inc.
Plaintiffs need not exhaust administrative remedies before New Motor Vehicle Board for claim outside Board's jurisdiction. |
Administrative Agencies |
|
Jun. 12, 1999 | |
|
H015724
|
Carlos V., a Minor
Double jeopardy doesn't attach after first hearing ends in mistrial due to judge's self-disqualification. |
Juveniles |
|
Jun. 12, 1999 | |
|
G016138
|
Redfeather v. Chevron USA Inc.
Indemnity agreement doesn't affect rule precluding contractor's vicarious liability for injury of independent contractor's employee. |
Torts |
|
Jun. 12, 1999 | |
|
E018126
|
Barer v. County of Riverside
Property taxes and tax liens are not eliminated by non-judicial foreclosure by senior lienholder. |
Real Property |
|
Jun. 12, 1999 | |
|
B103595
|
People v. Barnes
Defendant did not constructively possess vial of rock cocaine thrown at him by drug dealer. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
B100474
|
Roth v. Parker
Appeal from denial of recusal motion is dismissed for failure to seek timely writ review. |
Judges |
|
Jun. 12, 1999 | |
|
G016554
|
Argame v. Werasophon
Defendants' failure to move to compel damages statement waives right to exclude damages evidence at trial. |
Civil Procedure |
|
Jun. 12, 1999 | |
|
E017954
|
Kirchmann v. Lake Elsinore Unified School District
Employee is improperly suspended for protected speech concerning matter of significant public importance. |
Constitutional Law |
|
Jun. 12, 1999 | |
|
96-30178
|
U.S. v. Martinez
Two-month delay in defendant's agreement to drug transactions supports reluctance finding for entrapment defense. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
B109203
|
People v. Saldana
Trial court can reconsider defendant's sentence after unsuccessful appeal despite prior appellate ruling affirming sentence. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
F025980
|
Maxwell v. Cooltech Inc.
Serving opposing party's attorney with record of motion to vacate dismissal is valid. |
Civil Procedure |
|
Jun. 12, 1999 | |
|
D020486
|
Robinson v. Grossman
Statute doesn't require brokers to independently verify or disclaim seller's representations regarding property defects. |
Real Property |
|
Jun. 12, 1999 | |
|
G017211
|
Dorn v. Solomon
Wife cannot defeat joint tenancy before death and husband gets full title to property. |
Real Property |
|
Jun. 12, 1999 | |
|
B104666
|
Quackenbush v. Superior Court (Lyons)
Commissioner needn't warn public nor bar underwritten title company from doing business after code violations. |
Insurance |
|
Jun. 12, 1999 | |
|
B106212
|
Service Employees International Union, Local 620 v. City of Santa Barbara
Subsequent rescission election is permitted to rescind agency shop despite its creation by election. |
Labor Law |
|
Jun. 12, 1999 | |
|
B105801
|
People v. Bustamante
Misdemeanor statute is repealed by felony statute which covers all of the same prohibited conduct. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
96-16736 and 19739
|
City and County of San Francisco v. Assessment Appeals Board for the City and County of San Francisco
Federal Reserve Board can remove local government's mandamus action concerning local property taxes against bank. |
Banking |
|
Jun. 12, 1999 | |
|
93-55947
|
United States v. $405,089.23
Large cash sum alone doesn't establish connection between money and illegal drug activity for forfeiture. |
Civil Procedure |
|
Jun. 12, 1999 | |
|
94-50305
|
U.S. v. Turman
Error isn't plain under federal criminal procedure rules unless obvious to judge at trial time. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
96-10342
|
U.S. v. McGrew
Affidavit specifying criminal activity and evidence, referenced in search warrant must be attached when warrant executed. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
96-50574
|
U.S. v. Aispuro
Convicted alien cannot compel attorney general to deport him. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
A075990
|
People v. Putney
Sexually Violent Predators Act does not violate prohibitions against ex post facto laws. |
Criminal Law and Procedure |
|
Jun. 12, 1999 |
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