| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
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 | |
|
92-O-19280
|
Priamos v. State Bar
Engaging in business transactions with client and self-dealing with client's funds warrants recommendation for disbarment. |
Attorneys |
|
May 21, 1999 | |
|
95-H-15573
|
Posthuma v. State Bar
Dismissal of public reproval proceeding for failure to comply with conditions of private reproval is error. |
Attorneys |
|
May 21, 1999 | |
|
S058207
|
Jones v. Kmart Corp.
Alleged shoplifter who won tort action for injuries suffered during search isn't entitled to attorney fees. |
Torts |
|
May 21, 1999 | |
|
S057270
|
Pitts v. County of Kern
District attorney represents the state when prosecuting crimes and when establishing policy and training employees. |
Government |
|
May 21, 1999 | |
|
S021683
|
People v. Jones
Court upholds death sentence but modifies life sentence on kidnapping for purpose of robbery charge. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
S066656
|
McCarty v. Alameda County Superior Court ( Phyljan Corp.)
Review granted |
|
May 21, 1999 | ||
|
95-50615 and 96-50021
|
U.S. v. Franco
Jury can receive unread translated transcripts of audiotapes of foreign-language conversations if defendant doesn't object. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
A077879
|
Westhaven Community Development Council v. County of Humboldt
Forest Practice Act pre-empts county ordinance creating local permit requirements for timber operations. |
Environmental Law |
|
May 21, 1999 | |
|
A077515
|
People v. Bechler
Firefighters acting as paramedics are not 'firefighters' for purposes of statute defining assault on a firefighter. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
A079050
|
Dant v. Superior Court (People)
Trial court has discretion to consider misdemeanor defendant's request for release on his own recognizance. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
B096717
|
Bohan v. Wong
Appeal of dismissal of medical malpractice case is dismissed as untimely. |
Torts |
|
May 21, 1999 | |
|
C025094
|
In re Rhodes
Corrections Department doesn't abuse discretion by exercising authority to assign prisoners to prison away from home. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
B107786
|
Cheeks v. California Fair Plan Association
'Actual cash value' as used in policy means 'fair market value,' not replacement cost minus depreciation. |
Insurance |
|
May 21, 1999 | |
|
D024497
|
Muller v. Automobile Club of Southern California
Employee's temporary stress disorder isn't 'mental disability' or 'medical condition' under Fair Employment and Housing Act. |
Employment Law |
|
May 21, 1999 | |
|
C024734
|
People v. Thompson
Increase in defendants sentence and fines imposed after retrial violates double jeopardy clause. |
Criminal Law and Procedure |
|
May 21, 1999 |
