| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D029758
|
In re Betts
Code of Civil Procedure and Penal Code don't conflict when enforcing restitution from inmate's trust. |
Criminal Law and Procedure |
|
May 25, 1999 | |
|
B116901
|
International Insurance Co. v. Superior Court (Rhone-Poulenc Basic Chemicals Co.)
Extraordinary writ isn't appropriate to review trial court order granting reconsideration of summary adjudication motion. |
Civil Procedure |
|
May 25, 1999 | |
|
E019715
|
Quintilliani v. Mannerino
Attorney can't rely on legal malpractice statute of limitations for breach of non-legal services contract. |
Contracts |
|
May 25, 1999 | |
|
A076339
|
Soldate v. Fidelity National Financial, Inc.
No reversal for wrongful juror instruction in constructive termination case unless jury verdict is prejudiced. |
Labor Law |
|
May 25, 1999 | |
|
A074154
|
California Service Station and Automobile Repair Association v. American Home Assurance Co.
No duty of care requires disclosure of dividend information during arms' length insurance purchase negotiations. |
Torts |
|
May 25, 1999 | |
|
H016348
|
Barton v. Elexsys International Inc.
Summary judgment proper where no evidence supports right to exercise stock options 12 months after termination. |
Civil Procedure |
|
May 25, 1999 | |
|
F027264
|
People v. Buchholz
Failure to instruct on element of crime isn't harmless where jury didn't actually consider relevant facts. |
Criminal Law and Procedure |
|
May 25, 1999 | |
|
A078680
|
McColm v. Westwood Park Association
Vexatious litigant subject to pre-filing order can't appeal without permission of administrative presiding justice. |
Civil Procedure |
|
May 25, 1999 | |
|
95-16991
|
Santamaria v. Horsley
Double jeopardy doesn't prevent reintroduction of weapon use despite first jury's finding of no weapon enhancement. |
Criminal Law and Procedure |
|
May 25, 1999 | |
|
96-17014
|
Ritchey v. Upjohn Drug Co.
Joinder of non-diverse defendants does not defeat removal where complaint states no claim against them. |
Civil Procedure |
|
May 25, 1999 | |
|
D026794
|
San Diego Unified Port District v. U.S. Citizens Patrol
Injunction restricting group's activities at airport unconstitutionally enforces 'heckler's veto' and is overbroad. |
Constitutional Law |
|
May 25, 1999 | |
|
H016374
|
CAT Partnership v. County of Santa Cruz
Rate protection provisions in cable operators' local franchise agreements aren't subject to property tax. |
Taxation |
|
May 25, 1999 | |
|
94-35515
|
United States v. The Spokane Tribe of Indians
No injunction against tribe under Indian Gaming Regulatory Act where state has refused to negotiate. |
Native American Affairs |
|
May 25, 1999 | |
|
96-15245
|
Delta Dental Plan of California Inc. v. Mendoza
Federal courts must abstain in action affecting state administrative proceedings and involving important state interests. |
Civil Procedure |
|
May 25, 1999 | |
|
96-35769
|
Armstrong v. Burlington Northern Railroad Co.
Federal Employers' Liability Act covers injury to railroad worker occurring at employer-paid hotel. |
Labor Law |
|
May 25, 1999 | |
|
96-55821
|
General Dynamics Corp. v. United States
No liability for decision to prosecute based on agency's negligently prepared investigation report. |
Government |
|
May 25, 1999 | |
|
96-56764
|
Mehdipour v. Marcus & Millichap
Order |
|
May 25, 1999 | ||
|
B107871
|
Keru Investments Inc. v. Cube Co.
Negligent construction claim can't be asserted by holder of deed of trust or subsequent owner of property. |
Torts |
|
May 25, 1999 | |
|
E016433
|
Marriage of Reynolds
Former husband needn't continue working after age 65 in order to maintain previous level of spousal support. |
Family Law |
|
May 25, 1999 | |
|
96-99022
|
Vickers v. Stewart
Refusal to test for brain disorder doesn't deny due process where test can't resolve ultimate issue. |
Criminal Law and Procedure |
|
May 25, 1999 | |
|
95-99010 and 95-99011
|
Lagrand v. Stewart
Determination of prejudice by defendant's counsel's alleged deficiencies isn't necessary if counsel's performance not deficient. |
Criminal Law and Procedure |
|
May 25, 1999 | |
|
97-6146
|
Monge v. California
Certiorari granted |
|
May 25, 1999 | ||
|
97-461
|
WI Dept. of Corrs. v. Schacht
Certiorari granted |
|
May 25, 1999 | ||
|
97-5737
|
Forney v. Apfel
Social Security disability claimant seeking reversal of agency's decision may appeal order remanding case to agency. |
Administrative Agencies |
|
May 25, 1999 | |
|
97-873
|
U.S. v. Balsys
Privilege against self-incrimination doesn't apply if only risk of prosecution is in a foreign country. |
Criminal Law and Procedure |
|
May 25, 1999 | |
|
97-643
|
U.S. v. Cabrales
Certiorari granted |
|
May 25, 1999 | ||
|
97-643
|
U.S. v. Cabrales
Money laundering prosecution can't proceed in Missouri because acts constituting crime took place in Florida. |
Criminal Law and Procedure |
|
May 25, 1999 | |
|
97-1019
|
Bankruptcy of Friedman
Funds borrowed by debtor from private pension plan are not exempt under state law. |
Bankruptcy |
|
May 25, 1999 | |
|
S066022
|
Buckley v. California Coastal Commission
Coastal Commission loses jurisdiction over development of lot after placing it within single-family residence. |
Administrative Agencies |
|
May 25, 1999 | |
|
S065488
|
People v. Cortina
Order |
|
May 25, 1999 |
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