| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
96-2046
|
Shalala , Sec., H & HS v. Toledo Hospital
Order |
|
Jun. 7, 1999 | ||
|
S054501
|
Aerojet-General Corporation v. Transport Indemnity Co.
Order |
|
Jun. 7, 1999 | ||
|
97-115
|
Kawaauhau v. Geiger
Malpractice claim against physician is not nondischargeable on the basis of 'willful and malicious' injury. |
Bankruptcy |
|
Jun. 7, 1999 | |
|
96-1569
|
Bogan v. Scott-Harris
Local legislators are entitled to absolute immunity from Civil Rights Act suits for legislative activities. |
Civil Rights |
|
Jun. 7, 1999 | |
|
96-7171
|
Spencer v. Kemna
Expiration of prisoner's sentence causes his habeas corpus petition challenging parole revocation to be moot. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
95-56352
|
United States v. Real Property Located at 25445 Via Dona Christa, Valencia, California
Prolonged and continuous drug dealing from family home can be sufficient to justify its forfeiture. |
Civil Procedure |
|
Jun. 7, 1999 | |
|
95-56731 and 95-56736
|
Hernandez v. City of El Monte
Dismissal of civil rights action for judge-shopping without first considering lesser sanction is error. |
Civil Rights |
|
Jun. 7, 1999 | |
|
96-1469
|
U.S. v. Ramirez
Fourth Amendment doesn't hold officers to higher standard when 'no-knock' entry causes destruction of property. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
97-35654
|
Neighbors of Cuddy Mountain v. U.S. Forest Service
In analyzing proposed timber sale's impact, Forest Service must demonstrate consistency in impact on indicator species. |
Environmental Law |
|
Jun. 7, 1999 | |
|
94-17143
|
International Technologies Consultants Inc. v. Pilkington PLC
Consent decree doesn't bar claim against monopolist for sabotaging plaintiff's new competitive agreement with third party. |
Antitrust |
|
Jun. 7, 1999 | |
|
96-35379
|
Interstate Fire & Casualty Co. v. Underwriters At Lloyd's London
Primary insurer cannot adopt inconsistent position in subsequent litigation with an excess insurer. |
Insurance |
|
Jun. 7, 1999 | |
|
96-71121
|
Aguilera-Medina v. INS
Departure and return to United States by lawful temporary resident under agricultural workers program isn't 'entry.' |
Immigration |
|
Jun. 7, 1999 | |
|
97-50048
|
U.S. v. Toothman
Defendant is permitted to withdraw guilty plea when sentenced to felony after pleading to misdemeanor. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
96-15734
|
Fireman's Fund Insurance Co. v. Cho Yang Shipping Co. Ltd.
No in rem proceedings in foreign courts doesn't bar enforcing forum-selection clause in overseas shipping contract. |
Maritime Law |
|
Jun. 7, 1999 | |
|
97-10116
|
U.S. v. Terrence
Compact of Free Association doesn't immunize Palauans from prosecution for illegal U.S. reentry after deportation. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
G016416
|
Dynamic Concepts Inc. v. Truck Insurance Exchange
Insurer isn't responsible for settlement where insured excluded insurer-appointed defense counsel from settlement negotiations. |
Insurance |
|
Jun. 7, 1999 | |
|
C023360 and C023368
|
Professional Engineers in California Government v. Wilson
Use of funds from State Highway Account as reimbursement for rail bond payments is proper. |
Government |
|
Jun. 7, 1999 | |
|
G017070
|
Barrett v. Dawson
Amendment to statute declaring restrictive covenants void is applied retroactively. |
Real Property |
|
Jun. 7, 1999 | |
|
B116550
|
People v. Aguilar
Denial of motion to dismiss for violation of speedy trial right isn't appealable after guilty plea. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
B114349
|
Wooden v. Raveling
Outrageous conduct isn't a component of non-bystander negligent infliction of emotional distress claim. |
Torts |
|
Jun. 7, 1999 | |
|
B112055
|
People v. Fields
Testimony regarding number on defendant's pager isn't impermissible hearsay evidence. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
B116680
|
Trancas Property Owners Association v. City of Malibu
Development permit requiring project commencement by certain date, doesn't require actual construction to avoid permit's expiration. |
Environmental Law |
|
Jun. 7, 1999 | |
|
D025295
|
Lenane v. Continental Maritime of San Diego Inc.
Tort action under Labor Code isn't barred by Longshore and Harbor Workers' Compensation Act's remedy provision. |
Workers' Compensation |
|
Jun. 7, 1999 | |
|
A076840
|
Petrini v. Mohasco Corporation
Corporation is successor in interest to company liable for asbestos-related death. |
Torts |
|
Jun. 7, 1999 | |
|
B105915
|
Cooper v. Mountains Recreation and Conservation Authority (Canyon Oaks Estates)
Joint public entity doesn't exceed its power under joint powers agreement. |
Government |
|
Jun. 7, 1999 | |
|
B094380
|
City of Hawaiian Gardens v. City of Long Beach
City cannot close street at border with another city when significant negative impact may result. |
Government |
|
Jun. 7, 1999 | |
|
97-372
|
U.S. v. United States Shoe Corp.
Ad valorem Harbor Maintenance Tax violates export clause as applied to exports. |
Taxation |
|
Jun. 7, 1999 | |
|
B107691
|
Fuller v. Bethany Apostolic Church
Negligent and intentional spoliation of evidence claims are dismissed for not filing within statute of limitations. |
Torts |
|
Jun. 7, 1999 | |
|
D024869
|
Leon v. Family Fitness Center (#107) Inc.
Purported release isn't sufficiently copious nor unambiguous to insulate fitness company from liability for patron's injuries. |
Torts |
|
Jun. 7, 1999 | |
|
A075845
|
People v. Haynes
Evidence supports finding defendant aided and abetted robbery occurring in two incidents of continuing nature. |
Criminal Law and Procedure |
|
Jun. 7, 1999 |
