| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
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 | |
|
B105905
|
Marriage of Corman
Spousal support isn't included in gross income calculation for purposes of determining child support. |
Family Law |
|
Jun. 6, 1999 | |
|
F026210
|
Estate of Kelm
Parental relationship established in divorce decree is res judicata to determination of issue during probate. |
Probate and Trusts |
|
Jun. 6, 1999 | |
|
B106076
|
People v. Myers
Penal Code does not bar imposition of six-year enhancement on first-degree murder conviction. |
Criminal Law and Procedure |
|
Jun. 6, 1999 | |
|
B102146
|
People v. Ramirez
Probable cause to stop vehicle can be based on information furnished by another officer. |
Criminal Law and Procedure |
|
Jun. 6, 1999 | |
|
B108435
|
Unland v. Block
County employee retirement association doesn't have exclusive jurisdiction to determine whether officer retired for psychological reasons. |
Government |
|
Jun. 6, 1999 | |
|
D022946
|
Pagano v. Krohn
Agent's disclosure regarding water intrusion on property is sufficient to satisfy duty to disclose. |
Real Property |
|
Jun. 6, 1999 |
