| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D026737
|
Metric Man Inc. v. Unemployment Insurance Appeals Board
Evidence supports finding traveling salesman met requirements entitling him to unemployment benefits after termination. |
Employment Law |
|
Jun. 4, 1999 | |
|
C022519
|
People v. Rouser
Contemporaneous possession in prison of two or more discrete controlled substances constitutes one offense. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
B104511
|
Lowe v. City of Commerce (California Commerce Club Inc.)
Ordinance permitting casino to permanently exclude certain individuals from its premises is not unconstitutional. |
Government |
|
Jun. 4, 1999 | |
|
A075859
|
Kucera v. Lizza
Local ordinance preserving views and sunlight against unreasonable obstruction by tree growth is valid. |
Government |
|
Jun. 4, 1999 | |
|
B110092
|
People v. Goodwin
Using identification numbers rather than names during jury selection doesn't violate constitutional right to public trial. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
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 |
