| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
97-1389
|
Bankruptcy of Magno
Untimely amended complaint stating new grounds for nondischargeability does not relate-back to original complaint. |
Bankruptcy |
|
May 26, 1999 | |
|
96-1581
|
South Dakota v. Yankton Sioux Tribe
Language of Act of 1894 shows Congressional intent to diminish Yankton Reservation. |
Native American Affairs |
|
May 26, 1999 | |
|
96-795
|
Allentown Mack Sales & Service Inc. v. NLRB
Board's reasonable doubt test for employer polling is consistent with statute but evidence doesn't support findings. |
Labor Law |
|
May 26, 1999 | |
|
B090280
|
People v. Moenius
Evidence is sufficient to establish prior burglary convictions were qualifying felony convictions under three strikes law. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
B099986
|
Weddington Productions Inc. v. Flick
Court cannot enforce 'order enforcing settlement agreement' issued by private judge in voluntary mediation. |
Civil Procedure |
|
May 26, 1999 | |
|
A078481
|
First Presbyterian Church of Berkeley v. City of Berkeley
Ellis Act pre-empts municipal regulations regarding landlord's ability to demolish residential property but not environmental regulations. |
Real Property |
|
May 26, 1999 | |
|
B103379
|
Beckstead v. WCAB
Workers' Compensation Appeals Board abuses its discretion by not considering injured employee's cumulative trauma injury. |
Workers' Compensation |
|
May 26, 1999 | |
|
G019652
|
Wawanesa Mutual Insurance Co. v. Matlock
17-year-old isn't liable for damage caused by cigarette he gave to 15-year-old. |
Torts |
|
May 26, 1999 | |
|
97-50006
|
U.S. v. Lipman
Following conviction for illegal re-entry after deportation, downward sentence departure for 'cultural assimilation' is proper. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
97-99003
|
Siripongs v. Calderon
Defense attorney's failure to blame murder on accomplice doesn't constitute ineffective assistance of counsel. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
G019587
|
People v. Sanchez
Specific statute of solicitation doesn't pre-empt prosecution under general 'attempted possession' statutes. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
G019557
|
People v. York
Specific statute of solicitation pre-empts prosecution under general 'attempted possession' statutes. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
G021600
|
Western Digital Corp. v. Superior Court
Disqualification of expert witness interviewed but not retained by opposing party is abuse of discretion. |
Civil Procedure |
|
May 26, 1999 | |
|
D026752
|
Ike v. Doolittle
Ambiguities in trust support finding property agreement did not transmute trustors' separate property to community property. |
Probate and Trusts |
|
May 26, 1999 | |
|
S057098
|
Cotran v. Rollins Hudig Hall International Inc.
Jury must determine not whether incident leading to termination took place, but whether employer acted reasonably. |
Employment Law |
|
May 26, 1999 | |
|
B115417
|
Stella Foods, Inc. v. Superior Court (Cacique, Inc.)
Cross-complainant needn't prove opponent's conduct was wrongful and independently actionable to prevail on economic interference action. |
Torts |
|
May 26, 1999 | |
|
S056659
|
Lockheed Information Management Services Co. v. City of Inglewood
City has municipal authority to provide parking citation services to other issuing agencies. |
Government |
|
May 26, 1999 | |
|
A075476
|
People v. Hitchings
No error in refusing to play tape of defendant's post-arrest conversation with his girlfriend. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
G021209
|
Smith, Smith & Kring v. Superior Court (Oliver)
Relationship between law firm and plaintiffs isn't sufficient to support recusing firm from representing defendants. |
Attorneys |
|
May 26, 1999 | |
|
B097361
|
Yeap v. Leake
Plaintiff can obtain relief from dismissal for attorney's failure to attend arbitration and file trial de novo. |
Civil Procedure |
|
May 26, 1999 | |
|
S060863
|
Estate of Joseph
Foster child isn't entitled to intestate succession of foster parent's estate absent continuing legal barrier to adoption. |
Probate and Trusts |
|
May 26, 1999 | |
|
E017900
|
Lake Cadena Investments Ltd. v. City of Colton
City's rent stabilization ordinance is pre-empted by Mobilehome Residency Law. |
Real Property |
|
May 26, 1999 | |
|
B105216
|
Barris v. County of Los Angeles
State statute limiting damages in medical malpractice suit applies to federal patient dumping statute claim. |
Torts |
|
May 26, 1999 | |
|
B113849
|
Charles S., a Minor
Extending reunification services beyond 18 months is abuse of discretion and in excess of court's jurisdiction. |
Juveniles |
|
May 26, 1999 | |
|
B112610
|
Housing Authority of the City of Los Angeles v. WCAB
Workers' Compensation Appeals Board has jurisdiction to determine if Housing Authority's chief of police is employee. |
Workers' Compensation |
|
May 26, 1999 | |
|
S057262
|
People v. Whitson
Evidence supports trial court's finding that defendant was properly advised of rights before giving statements. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
A076816
|
People v. Jack
Failure to notify defendant parole is extended doesn't invalidate parole status and warrantless parole search valid. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
S012032
|
People v. Fairbank
Conviction and death sentence for torture and murder of woman while attempting rape is warranted. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
97-15128
|
U.S. v. McClain
Double jeopardy isn't violated by resentencing defendant within original 'package' sentence after conviction vacated. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
97-55167
|
Wall v. United States
Refund under Tax Equity and Financial Responsibility Act must be shown by partnership deductions and credits. |
Taxation |
|
May 26, 1999 |
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