| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C023542
|
Gustafson v. Zolin
Driver safety officer letter stating suspension cannot be lifted, isn't 'determination' for purposes of attorney fees. |
Administrative Agencies |
|
Jun. 15, 1999 | |
|
H014572
|
City of San Jose v. Carlson
Short-term users of city-owned facilities have taxable 'possessory interest' in facilities used multiple times. |
Taxation |
|
Jun. 15, 1999 | |
|
E018074
|
People v. Henson
Three strike law's presentence credit limitation is applicable only to offenses which themselves carry life sentence. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
F025018
|
People v. Erickson
Expert testimony concerning battered defendant's mental state on night of crime is properly excluded from trial. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
95-56291
|
Sharpe v. FDIC
Aggrieved party to FDIC-breached contract isn't subject to Financial Institutions Act's mandated claims process. |
Banking |
|
Jun. 15, 1999 | |
|
96-35175
|
Tokyo Kogyo Boeki Shokai v. United States National Bank of Oregon
Uniform Commercial Code provision allows subrogation only on letters of credits issued after Jan. 1, 1998. |
Business Law |
|
Jun. 15, 1999 | |
|
96-55259
|
Federal Deposit Insurance Corp. v. Garner
Subpoenas seeking documents from targeted bank directors' relatives must meet higher level of scrutiny. |
Banking |
|
Jun. 15, 1999 | |
|
95-17315
|
Bellus v. United States
Employer's liability for employment taxes is incurred when underlying wages are paid. |
Taxation |
|
Jun. 15, 1999 | |
|
96-55243
|
Wendt v. Host International Inc.
Actors have rights against unauthorized likeness use in promotional figures based on infringer's copyrighted characters. |
Intellectual Property |
|
Jun. 15, 1999 | |
|
96-55688
|
Aguilar v. Alexander
Defense attorney properly counsels for limited waiver of attorney-client privilege if otherwise defendant wouldn't testify. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
95-35882
|
Chandler v. U.S. Army
Army cannot use tape recording of illegal telephone interception, or its fruits, to discipline soldier. |
Government |
|
Jun. 15, 1999 | |
|
96-10223
|
U.S. v. Sagg
Sexual Abuse Act's intentional touching refers to defendant's abusive sexual contact intent, not the victim's. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
97-15571
|
Cadence Design Systems Inc. v. Avant! Corp.
Copyright infringement defendant cannot rebut presumption of irreparable harm by showing adequacy of money damages. |
Intellectual Property |
|
Jun. 15, 1999 | |
|
H013638, H014028 and 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 | |
|
96-16598
|
Koirala v. Thai Airways International Ltd.
Flight crew's failure to monitor navigational instruments is willful misconduct warranting lifting personal injury cap. |
Torts |
|
Jun. 15, 1999 | |
|
96-16653
|
Isreal v. Marshall
No due process violation by Corrections Department's failure to offer to pay for prisoner's transfer. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
96-35780, 96-35781, 96-35782, 96-35783 and 35784
|
Harris v. Roderick
'Special rules of engagement' based on federal agents' lies don't support qualified immunity for shooting suspect. |
Civil Rights |
|
Jun. 15, 1999 | |
|
95-56405
|
Industrial Truck Assoc. Inc. v. Henry
Occupational Safety and Health Act pre-empts California's toxic regulations for manufacturers not registered with federal agency. |
Environmental Law |
|
Jun. 15, 1999 | |
|
96-10312
|
U.S. v. Loyola-Dominguez
Trial court errs in failing to hold competency hearing for defendant who attempted suicide before trial. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
96-50492, 96-50494, 96-50495 and 96-50515
|
U.S. v. Baggett
Sentencing court must specify which restitution statute applies in sentencing order for telemarketing fraud conviction. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
A072255
|
Contra Costa Water District v. Vaquero Farms Inc.
Government can sever and reserve windpower rights to landowner after taking property by eminent domain. |
Real Property |
|
Jun. 15, 1999 | |
|
C021592
|
216 Sutter Bay Associates v. County of Sutter
Brown Act isn't violated by board of supervisors-members elect since law doesn't apply to them. |
Government |
|
Jun. 15, 1999 | |
|
A066778
|
Sullivan v. Delta Air Lines
Violation of the Alcohol and Drug Rehabilitation Act cannot support action for tortious wrongful termination. |
Employment Law |
|
Jun. 15, 1999 | |
|
C021946
|
Forty-Niner Truck Plaza Inc. v. Union Oil Co. of California
Statute governing gas station franchises isn't pre-empted by federal act when franchise sold to third party. |
Contracts |
|
Jun. 15, 1999 | |
|
B106035
|
People v. Crutcher
Defendant's contention of prejudice by prosecutor's dismissal of Hispanic jurors is rejected. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
D028122
|
Abdirahman S., A Minor
No error in failure to consider issue of informal adjudication if juvenile doesn't request it. |
Juveniles |
|
Jun. 15, 1999 | |
|
C024496
|
Sunrise Retirement Villa v. Placer County Assessor
Error in change of ownership determination is correctable at any time, not subject to statute of limitations. |
Taxation |
|
Jun. 15, 1999 | |
|
D023269
|
Zavala v. Arce
Mother, whose child died in utero, has damages claim against doctor for direct victim emotional distress. |
Torts |
|
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 | |
|
B112941
|
Chong v. Superior Court (HBZ Finance Ltd.)
Local proceedings must be stayed absent evidence foreign courts will not provide due process. |
Civil Procedure |
|
Jun. 15, 1999 |
