| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B108471
|
Kotler v. Alma Lodge
Residential care facility isn't shielded by damage limits of Medical Injury Compensation Reform Act. |
Torts |
|
May 6, 1999 | |
|
H017397
|
Travelers Casualty and Surety Co. v. Superior Court (Lockheed Martin Corp.)
Secondary evidence, including policy excerpts, is sufficient proof of relevant terms and conditions of insurance policies. |
Insurance |
|
May 6, 1999 | |
|
B110791 and B110799
|
14859 Moorpark Homeowner's Association v. VRT Corp.
Judicial partition pursuant to Civil Code Section 1359 is prerequisite to conveyance of condominium complex. |
Real Property |
|
May 6, 1999 | |
|
97-35423
|
Maier v. Commissioner of the Social Security Administration
Form attached to decision on Social Security mental disability claim properly documents denial of claim. |
Administrative Agencies |
|
May 6, 1999 | |
|
96-56345
|
Wolsey Ltd. v. Foodmaker Inc.
Federal Arbitration Act applies to development agreement that provides for non-binding arbitration. |
Contracts |
|
May 6, 1999 | |
|
96-56644
|
Crandell v. Bunnell
Court must appoint substitute defense counsel if original counsel fails for months to communicate with defendant. |
Criminal Law and Procedure |
|
May 6, 1999 | |
|
96-56316
|
Ace Beverage Co. v. Lockheed Information Management Services
Private contractor with limited official supervision isn't entitled to qualified immunity in Section 1983 action. |
Civil Rights |
|
May 6, 1999 | |
|
E018870
|
Melikian v. Aquila Ltd.
In partition sale, broker procuring offer that is bettered at confirmation hearing is entitled to share in commission. |
Real Property |
|
May 6, 1999 | |
|
96-16539
|
Kearney v. Standard Insurance Co.
District court must admit additional evidence where circumstances require de novo review of benefits decision. |
Labor Law |
|
May 6, 1999 | |
|
96-779
|
Arkansas Educational Television Commission v. Forbes
Public television station's candidate debate is nonpublic forum from which minor candidate may be excluded. |
Constitutional Law |
|
May 6, 1999 | |
|
96-8516
|
Bousley v. United States
Petition claiming plea wasn't voluntary and intelligent may assert construction of statute announced after plea. |
Criminal Law and Procedure |
|
May 6, 1999 | |
|
96-1829
|
Montana v. Crow Tribe of Indians
State needn't disgorge to tribe entire amount of excessive taxes imposed on reservation coal production. |
Native American Affairs |
|
May 6, 1999 | |
|
97-16
|
Ohio Forestry Association Inc. v. Sierra Club
Challenge to forest management plan that requires detailed permit review isn't ripe for adjudication. |
Real Property |
|
May 6, 1999 | |
|
97-300
|
Stewart v. Martinez-Villareal
Federal habeas petition isn't 'second or successive' petition if prior petition was dismissed as premature. |
Criminal Law and Procedure |
|
May 6, 1999 | |
|
96-36304
|
Walters v. Reno
Misleading forms used in document fraud proceedings violate resident aliens' due process rights. |
Immigration |
|
May 6, 1999 | |
|
97-16567
|
Legal Aid Society of Hawaii v. Legal Services Corporation
Government may require funded legal service organizations to separate from political advocacy organizations. |
Constitutional Law |
|
May 6, 1999 | |
|
B117274
|
Ventura County Flood Control District v. Campbell
In determining just compensation for property in eminent domain action, court must look at value of both above and below ground uses. |
Real Property |
|
May 6, 1999 | |
|
97-17019
|
Romano v. Bible
State officials can't be liable for disciplinary revocation of a gaming license because of absolute immunity. |
Government |
|
May 6, 1999 | |
|
98-50035 and 98-50051
|
U.S. v. Guassac
Mesa Grande Band of Mission Indians tribe is 'tribal organization' under criminal statute. |
Native American Affairs |
|
May 6, 1999 | |
|
98-50326
|
U.S. v. Amlani
Attorney-Client privilege implicitly waived when fairness requires disclosure of the protected communication. |
Criminal Law and Procedure |
|
May 6, 1999 | |
|
98-15195
|
Bankruptcy of Paul Clayton Jess
Debtor's entitlement to contingent fee payment attributable to prepetition work is part of bankruptcy estate. |
Bankruptcy |
|
May 6, 1999 | |
|
96-30081
|
U.S. v. James
Exclusion of corroboration evidence necessary to establish defendant's credibility is prejudicial error. |
Criminal Law and Procedure |
|
May 6, 1999 | |
|
98-70929
|
National Labor Relations Board v. Ironworkers Local 433
Enforcement of prospective non-compliance fines for violation of consent decree doesn't trigger criminal procedural safeguards. |
Labor Law |
|
May 6, 1999 | |
|
B119278
|
Gonzalez v. Hughes Aircraft Employees Federal Credit Union
Form agreement requiring employees to submit to binding arbitration to resolve employment disputes is unenforceable where employer has unlimited judicial redress. |
Civil Procedure |
|
May 6, 1999 | |
|
F026588
|
Guzman v. Visalia Community Bank
Criticism of an offer is part of the negotiating process under Code of Civil Procedure Section 998, and therefore doesn't constitute a rejection of that offer. |
Civil Procedure |
|
May 6, 1999 | |
|
b120358
|
Sipple v. Foundation for National Progress
Anti-Strategic Lawsuit Against Public Participation statute protects magazine against defamation claim by public figure featured in article alleging domestic violence. |
Torts |
|
May 6, 1999 | |
|
B115217
|
Campbell v. Alger
Public entity's involuntary taking by condemnation doesn't trigger private contractual right of first refusal. |
Real Property |
|
May 6, 1999 | |
|
S064345
|
People v. Martinez
Asportation requirement of 'substantial' movement in simple kidnapping is applied to separate offense of kidnapping a person under the age of 14. |
Criminal Law and Procedure |
|
May 6, 1999 | |
|
B107706
|
McDonald v. Southern Pacific Transportation Co.
Jury discussing evidence not presented at trial during deliberations constitutes jury misconduct requiring new trial. |
Torts |
|
May 6, 1999 | |
|
C023551 and C024936
|
People v. Neely
References to defendant's case that newly elected district attorney makes during campaigning doesn't warrant recusal of prosecutor's office. |
Criminal Law and Procedure |
|
May 6, 1999 |
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