| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
E019286
|
Tilden-Coil Constructors, Inc. v. City of Cathedral City
City's consideration of bids for building project alternates is flawed but not inconsistent with bidding statutes. |
Contracts |
|
Jun. 6, 1999 | |
|
S057635
|
Stephenson v. Drever
Terminated shareholder-employee continues to have rights of minority shareholder until shares are repurchased. |
Corporations |
|
Jun. 6, 1999 | |
|
S057387
|
State Farm Fire and Casualty Co. v. WCAB
Son injured while working for father is covered employee for workers' compensation benefits. |
Workers' Compensation |
|
Jun. 6, 1999 | |
|
S056760
|
People v. Snook
Enhanced penalty for multiple drunken driving convictions applies regardless of order of offenses and convictions. |
Criminal Law and Procedure |
|
Jun. 6, 1999 | |
|
G021381
|
Brooklyn Navy Yard Cogeneration Partners L.P. v. Superior Court (The Parsons Corp.)
General unity of interests between corporate entities doesn't turn nonclient into client for attorney disqualification. |
Attorneys |
|
Jun. 6, 1999 | |
|
96-2118
|
Bankruptcy of Century City Cleaning Services Inc.
Attorney can be compensated for post-petition work based on pre-petition retainer secured under state law. |
Bankruptcy |
|
Jun. 6, 1999 | |
|
96-1899
|
Bankruptcy of Moses
Valid anti-alienation provision in Keogh retirement plan is sufficient to exclude plan from estate assets. |
Bankruptcy |
|
Jun. 6, 1999 | |
|
96-1800
|
Bankruptcy of Trujillo
Pre-bankruptcy transfers of home and car by debtor for no consideration are avoidable fraudulent transfers. |
Bankruptcy |
|
Jun. 6, 1999 | |
|
96-910
|
Chicago v. Int'l College of Surgeons
Federal jurisdiction exists for claim local administrative action violates federal law and state law claim. |
Civil Procedure |
|
Jun. 6, 1999 | |
|
B105571
|
Lechuza Villas West v. California Coastal Commission
Property owner doesn't establish development right absent establishment of location of legal boundary. |
Real Property |
|
Jun. 6, 1999 | |
|
96-188
|
General Electric Co. v. Joiner
11th Circuit erroneously uses stringent review standard, instead of discretion abuse, regarding excluding expert testimony. |
Torts |
|
Jun. 6, 1999 | |
|
96-35491
|
Aldrich v. Bowen
Order |
|
Jun. 6, 1999 | ||
|
97-10045
|
U.S. v. Mann
Under Insanity Defense Reformation Act, "maximum term authorized by law' refers to statutory limit for crime. |
Criminal Law and Procedure |
|
Jun. 6, 1999 | |
|
E018521
|
Hudson v. Board of Administration of the Public Employees' Retirement System
Converting employer-paid benefits to salary isn't compensation for pension calculation under Public Employees' Retirement Law. |
Labor Law |
|
Jun. 6, 1999 | |
|
F024647
|
County of Stanislaus v. Gibbs
Court's reduction of presumptively correct child support amount without finding of special circumstances is error. |
Family Law |
|
Jun. 6, 1999 | |
|
A077630
|
People v. Peron
Court order modifying injunction to allow defendants to continue furnishing marijuana at business establishment is error. |
Torts |
|
Jun. 6, 1999 | |
|
F025520
|
Spencer v. Merced County Office of Education
Service of claim on wrong public entity isn't excusable absent reasonable mistake and diligence by attorney. |
Torts |
|
Jun. 6, 1999 | |
|
D027877
|
McBrearty v. City of Brawley
City is required to submit proposed utility tax to vote of local electorate. |
Government |
|
Jun. 6, 1999 | |
|
E017669
|
Sherwood v. Alaimo
Nondelegable duty cannot be avoided by employing subcontractor to carry out contract. |
Torts |
|
Jun. 6, 1999 | |
|
B107622
|
Jackson v. County of Los Angeles
Restriction for stress-free environment precludes plaintiff's continued employment as police officer and bars claim. |
Employment Law |
|
Jun. 6, 1999 | |
|
B091707 and B092243
|
People v. Superior Court (Pipkin)
Sentencing court must set forth in writing reasons for striking defendants prior serious felony convictions. |
Criminal Law and Procedure |
|
Jun. 6, 1999 | |
|
S012032
|
People v. Fairbanks
Conviction and death sentence for torture and murder of woman while attempting rape is warranted. |
Criminal Law and Procedure |
|
Jun. 6, 1999 | |
|
96-10318
|
U.S. v. Gutierrez-Cervantez
Alien who had counsel at prior judgment cannot collaterally attack it after illegal re-entry. |
Criminal Law and Procedure |
|
Jun. 6, 1999 | |
|
95-70281
|
Rueda-Menicucci v. INS
Order |
|
Jun. 6, 1999 | ||
|
96-17117
|
Barjon v. Dalton
Plaintiff seeking attorney fees above prevailing rate in forum district must establish unavailability of local counsel. |
Employment Law |
|
Jun. 6, 1999 | |
|
97-10046
|
U.S. v. Bauer
In a prosecution for concealing assets, defendant's attorney client privilege is violated by bankruptcy attorney's testimony. |
Criminal Law and Procedure |
|
Jun. 6, 1999 | |
|
B103392
|
People v. Noriega
Failure to properly advise of the risks and dangers of self-representation results in prejudicial error. |
Criminal Law and Procedure |
|
Jun. 6, 1999 | |
|
H014397
|
Redmond v. Secure Horizons
Court lacks jurisdiction over claim arising under Medicare Act where plaintiff hasn't exhausted administrative remedies. |
Insurance |
|
Jun. 6, 1999 | |
|
97-70823
|
Lights of America Inc. v. U.S. District Court (SK America Inc.)
Only Federal Circuit can consider mandamus petition relating to prejudgment orders in patent infringement action. |
Intellectual Property |
|
Jun. 6, 1999 | |
|
B096605
|
United Pacific Insurance Co. v. First State Insurance Co. (Rohr Industries Inc.)
Court lacks power to authorize good faith settlement which bars all other claims, present and future. |
Insurance |
|
Jun. 6, 1999 |
For reprint rights or to purchase a copy of your Daily Journal photo, email Jeremy_Ellis@dailyjournal.com for prices or call 213-229-5424. To buy more copies, call 866-531-1492 or email subscribe@dailyjournal.com