| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B086805
|
People v. Williams
Once prior felony conviction allegations are found to be true, trial court cannot strike findings. |
Criminal Law and Procedure |
|
May 22, 1999 | |
|
B099525
|
People v. Fashina
On-bail enhancement is justified if admitting the allegation is part of plea agreement. |
Criminal Law and Procedure |
|
May 22, 1999 | |
|
96-17209
|
Jerron West Inc. v. State of California State Board of Equalization
Tax Injunction Act divests court's jurisdiction in action to enjoin tax proceedings during related criminal case. |
Taxation |
|
May 22, 1999 | |
|
A076270
|
People v. Melhado
Failure to instruct jury on unanimity is reversible error. |
Criminal Law and Procedure |
|
May 22, 1999 | |
|
97-99035
|
Langford v. Day
Order |
|
May 22, 1999 | ||
|
97-70567
|
Calderon v. U.S. District Court (Taylor)
Court can allow habeas petitioner to delete unexhausted claims and hold petition pending state court litigation. |
Criminal Law and Procedure |
|
May 22, 1999 | |
|
96-16435
|
Arno v. Club Med Boutique Inc.
California rule applies to availability of tort plaintiff's attorney fees even though French law governs action. |
Torts |
|
May 22, 1999 | |
|
96-17017
|
Cabrera v. Cordis Corporation
Relevant but cumulative evidence can be excluded in products-liability action against medical implant device manufacturer. |
Torts |
|
May 22, 1999 | |
|
96-56774
|
Bonillas v. Hill
Double jeopardy isn't violated by resubmitting issue of degree of murder to undischarged jury. |
Criminal Law and Procedure |
|
May 22, 1999 | |
|
95-36289, 96-35022 and 96-35045
|
United States v. Pend Oreille County Public Utility District No. 1
Value of tribe's property as part of utility project can be used to determine trespass damages. |
Environmental Law |
|
May 22, 1999 | |
|
95-56213
|
Toumajian v. Frailey
State-law accountant malpractice claim for bad advice about employee benefit plan isn't pre-empted by ERISA. |
Torts |
|
May 22, 1999 | |
|
B093085
|
People v. O'Roark
Conviction sustained before offense was listed as serious may be strike if listed on June 30, 1993. |
Criminal Law and Procedure |
|
May 22, 1999 | |
|
97-70631
|
Calderon v. District Court (Ralph International Thomas)
District court may hold habeas corpus petition in abeyance while unexhausted claims are litigated in state court. |
Criminal Law and Procedure |
|
May 22, 1999 | |
|
S065752
|
Arlington Investment Co. v. Tarcher
Lender isn't prohibited from maintaining negligent misrepresentation action against third party non-borrowers who induced loan. |
Banking |
|
May 22, 1999 | |
|
97-569
|
Burlington Industries Inc. v. Ellerth
Employer is vicariously liable for supervisor's sexual advances, but has affirmative defenses. |
Civil Rights |
|
May 22, 1999 | |
|
97-634
|
Pennsylvania Dept. of Corrections v. Yeskey
Americans with Disabilities Act applies to state prison inmates. |
Civil Rights |
|
May 22, 1999 | |
|
98-2204
|
Holliday v. Department of Health and Human Services
Order |
Administrative Agencies |
|
May 21, 1999 | |
|
98-1404
|
U.S. v. Montoya-Longoria
Order |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
98-5142
|
U.S. v. Bolton
Order |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
98-2163
|
Yurmann v. West
Order |
Civil Rights |
|
May 21, 1999 | |
|
97-0511
|
Cunningham v. Goettl Air Conditioning Inc.
Indemnitor is obligated to pay only indemnitee's actual liability, not stipulated damages from which injured party released indemnitee. |
Contracts |
|
May 21, 1999 | |
|
S057081
|
In re Moss
Father's unemployment and inability to pay child support defeat contempt order |
Family Law |
|
May 21, 1999 | |
|
96-35014, 96-35802, 96-35142, 96-35196, 96-35200 and 96-35223
|
U.S. v. State of Washington
Indian Tribes have right to take all species of shellfish in their traditional fishing areas. |
Native American Affairs |
|
May 21, 1999 | |
|
S059100
|
People v. Smith
Court has authority to reduce a previously imposed, but suspended, sentence after revoking defendant's probation. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
95-55747
|
Richards v. Lloyd's of London
Order |
|
May 21, 1999 | ||
|
B113661
|
State of California, Department of Motor Vehicles v. Superior Court of the State of California For the County of Los Angeles, (Woosley)
Class actions against administrative agencies require members to have filed timely claims against the agency. |
Administrative Agencies |
|
May 21, 1999 | |
|
B108328
|
People v. Lee
No sentencing hearing is required when case is remanded for determination of whether to strike prior. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
97-1179
|
Bankruptcy of Hanger
A lien only partially impaired by debtor's homestead exemption cannot be entirely avoided. |
Bankruptcy |
|
May 21, 1999 | |
|
96-1417
|
Bankruptcy of Consolidated Water Utilities Inc.
Potential surplus assets do not warrant postpetition interest on claim where contrary to plan. |
Bankruptcy |
|
May 21, 1999 | |
|
B103468
|
People v. Gonzalez
Drunk driver isn't entitled to jury instruction stating not guilty of reckless driving caused by fear. |
Criminal Law and Procedure |
|
May 21, 1999 |
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