Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
C027388
|
Federico v. Superior Court (Jenry G.)
School isn't liable for acts of employee who sexually molests child of student off school premises. |
Torts |
|
Jun. 4, 1999 | |
A079143 and A079223
|
People v. Williams
Appeal is rejected due to defendant's failure to raise any arguable issues. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
E018130
|
McDowell v. Watson
No award of attorney fees when relief sought is essentially injunctive in nature. |
Real Property |
|
Jun. 4, 1999 | |
D027124
|
People v. Sherrod
No error in granting new trial if court erroneously refuses to continue original trial. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
C024407
|
Stationary Engineers Local 39 v. County of Sacramento
Civil Service awarding preference points to lower-scoring employees in open examination violates county charter. |
Labor Law |
|
Jun. 4, 1999 | |
A075927
|
Baldwin v. Home Savings of America
Reconsideration motion based on 'different law' must satisfy diligence requirement showing why information not presented earlier. |
Civil Procedure |
|
Jun. 4, 1999 | |
97-55298
|
Bankruptcy of Kim
In Chapter 13 reorganization, value of business equipment is determined 'on location' if debtor continues operating. |
Bankruptcy |
|
Jun. 4, 1999 | |
D028003
|
Tanis H., a Minor
Father must physically receive child into his home to satisfy requirements for 'presumed father' status. |
Juveniles |
|
Jun. 4, 1999 | |
G017295
|
Rash v. Lungren
Individual with misdemeanor conviction for assault with firearm can be permanently banned from possessing weapon. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
B105272
|
Teaman v. Wilkinson
Creditors cannot force sale of homestead to satisfy judgment lien if surplus equity later accrues. |
Real Property |
|
Jun. 4, 1999 | |
B109900
|
People v. Thompson
After pleading guilty to prior allegations, failure to admit they were serious isn't grounds for dismissal. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
95-56688
|
SEC v. Colello
SEC can recover from nominal non-party defendant where money was obtained by fraud. |
Securities |
|
Jun. 4, 1999 | |
94-10313, 94-10314 and 94-10400
|
U.S. v. Perez
Loading gun constitutes 'active employment' of firearm in crime of using firearm during drug trafficking. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
96-15319, 96-15321, 96-16142, 96-16143 and 96-16318
|
Lapine Technology Corp. v. Kyocera Corp.
If parties agree, federal court can expand review of arbitration award beyond Federal Arbitration Act grounds. |
Civil Procedure |
|
Jun. 4, 1999 | |
96-16789
|
Naas v. Stolman
Under Fair Debt Collection Act, debtor's tort claim, after creditor's suit, accrues when underlying action filed. |
Torts |
|
Jun. 4, 1999 | |
96-17251
|
City & County of San Francisco v. United States
Timeliness of government-contract bid protest is determined by when protester becomes aware of competitor's participation. |
Government |
|
Jun. 4, 1999 | |
96-30083
|
U.S. v. Houser
In federal homicide prosecution, absent mitigating circumstances, malice aforethought can be inferred from deadly weapon use. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
95-16586
|
Ford v. St. Joseph's Omni Preferred Care Inc.
ERISA doesn't pre-empt employer's state contract claim against benefits plan administrator for not seeking reimbursement. |
Labor Law |
|
Jun. 4, 1999 | |
96-30126
|
U.S. v. Johnson
Federal sentencing guideline for embezzlement that 'affects' a financial institution is not unconstitutionally vague. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
96-30301
|
U.S. v. Cyphers
To enhance defendant's sentence for leadership role, supervised persons need not have participated in conviction offense. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
B102576
|
People v. Landa
Court must hold in camera hearing to determine admissibility of officer's testimony once he claims privilege. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
B108701
|
People v. Mendoza
Where two offenses are incidental to one objective the second conviction's sentence must be stayed. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
S068063
|
McColm v. Westwood Park Association
Vexatious litigant is properly ordered to post undertaking as condition to proceeding with appeal. |
Civil Procedure |
|
Jun. 4, 1999 | |
97-934
|
Voinovich v. Women's Medical Professional Corp.
Order |
|
Jun. 4, 1999 | ||
D027542
|
Grossmont Hospital v. WCAB
Wage increases scheduled or reasonably anticipated at time of injury are factors in determining earning capacity. |
Workers' Compensation |
|
Jun. 4, 1999 | |
A076469
|
Arron C., a Minor
Evidence seized unconstitutionally is admissible if officer's reliance on incorrect information from probation officer is reasonable. |
Juveniles |
|
Jun. 4, 1999 | |
A076486
|
People v. Olea
Defendant needn't register as sex offender where registration not included as part of plea bargain. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
95-35848, 95-36283, 96-35166 and 96-35174
|
Knight v. Kenai Peninsula Borough School District
Non-union members aren't required to exhaust union remedies before suing to challenge chargeability of agency fee. |
Labor Law |
|
Jun. 4, 1999 | |
95-16564
|
Neal v. Shimoda
Parole eligibility can be predicated on completing sex-offender treatment program enacted after underlying offense. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
96-17209
|
Jerron West Inc. v. State of California State Board of Equalization
Tax Injunction Act divests court's jurisdiction in action to enjoin tax proceedings during related criminal case. |
Taxation |
|
Jun. 4, 1999 |