| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
96-10043
|
U.S. v. Garcia
Preponderance of evidence standard applies to subornation of witness perjury finding supporting obstruction of justice enhancement. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
96-16709 and 96-16721
|
Operating Engineers Health and Welfare Trust Fund v. JWJ Contracting Co.
ERISA doesn't pre-empt Arizona statute governing public contractor payment bonds and guarantees by third-party sureties. |
Labor Law |
|
May 21, 1999 | |
|
96-30327
|
U.S. v. Sylve
Assimilative Crimes Act applies to state rehabilitation program of deferred prosecution resembling preconviction probation. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
H016390
|
Kockelman v. Segal
Health care providers aren't entitled to judgment in wrongful death action solely because decedent was outpatient. |
Torts |
|
May 21, 1999 | |
|
B113661
|
State of California v. Superior Court (Woosley)
Class in class action suit against DMV is limited to persons who file timely claims. |
Civil Procedure |
|
May 21, 1999 | |
|
C026314
|
Californians for Political Reform Foundation v. Fair Political Practices Commission
Fair Political Practices Commission regulations regarding political action committees don't conflict with Political Reform Act. |
Government |
|
May 21, 1999 | |
|
A075356 and A075424
|
Chazen v. Centennial Bank
Plaintiff adequately states conversion claim against bank based on charges against account by loan broker. |
Torts |
|
May 21, 1999 | |
|
B115040
|
Lewis v. Superior Court (People)
Superior court clerk isn't empowered to decide whether or not an order is appealable. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
D024647
|
McManis v. The San Diego Postal Credit Union
In wrongful car repossession action, summary judgment for creditor not in compliance with law is error. |
Contracts |
|
May 21, 1999 | |
|
E018978 and E019611
|
Mead v. Sanwa Bank of California
Landowners' deed of trust in favor of developer's construction lender makes them surety but doesn't prevent foreclosure. |
Real Property |
|
May 21, 1999 | |
|
S052788
|
People v. Bennett
Defendant's attorneys aren't incompetent for not challenging investigator's actions since motion wouldn't have been meritorious. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
96-17121
|
El Paso Natural Gas Co. v. Neztsosie
Price-Anderson Act doesn't bar Tribal Court from determining its jurisdiction over member's personal injury claim. |
Native American Affairs |
|
May 21, 1999 | |
|
95-55747 and 95-56467
|
Richards v. Lloyd's of London
Antiwaiver provisions of securities acts don't void choice of law provisions in international insurance underwriting agreement. |
Securities |
|
May 21, 1999 | |
|
96-16526
|
Norman-Bloodsaw v. Lawrence Berkeley Laboratory
Employer violates employee's right to privacy by non-consensually retrieving unrevealed medical information from routine health examination. |
Employment Law |
|
May 21, 1999 | |
|
B093741
|
People v. Hurd
No right to remain silent selectively, and such silence may be used for impeachment purposes. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
B104618
|
Nissel v. The Subscribing Underwriters at Lloyd's of London
No coverage under jeweler's block policy for theft of jewels from salesperson's unattended vehicle. |
Insurance |
|
May 21, 1999 | |
|
96-10348
|
U.S. v. Sprague
Base offense level calculation for drugs requires excluding weight of materials removed to make product usable. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
97-30119
|
U.S. v. Clavette
Defendant isn't entitled to jury trial for killing grizzly bear in violation of Endangered Species Act. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
96-15720
|
United States v. Real Property
In civil forfeiture action against property, due process doesn't require owner actually receive notice of proceeding. |
Civil Procedure |
|
May 21, 1999 | |
|
97-15005
|
Tyler v. Cisneros
Historic Preservation Act claims regarding federal housing funds after release, aren't barred by statute of limitations |
Environmental Law |
|
May 21, 1999 | |
|
97-15052
|
Tucson Airport Authority v. General Dynamics Corp.
Administrative Procedure Act doesn't waive government's sovereign immunity for war contractor's suit under Contract Settlement Act. |
Environmental Law |
|
May 21, 1999 | |
|
97-30042
|
U.S. v. Doe
Federal arson statute is violated when structural fire develops from smoldering paper ignited by juvenile. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
97-10201
|
People for the Territory of Guam v. Veloria
Prosecutor's erroneous elicitation of testimony regarding defendant's invocation of right to remain silent doesn't require objection. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
97-35124
|
Dodd v. Hood River County
Issues in state administrative and judicial proceedings preclude relief in parallel federal 'takings' claim. |
Real Property |
|
May 21, 1999 | |
|
96-55528
|
Bankruptcy of Weisberg
Relief from automatic stay isn't required to liquidate stock pledged by debtor as 'margin loan' collateral. |
Bankruptcy |
|
May 21, 1999 | |
|
E019765
|
People v. James
Order |
|
May 21, 1999 | ||
|
95-55657
|
Cooper v. Pickett
Fraud liability is based on statements to analyst by corporate insiders with intent to reach market. |
Securities |
|
May 21, 1999 | |
|
96-16519
|
Mach v. Stewart
Further court voir dire necessary to find if potential juror's prejudicial expert-like statements infected panel. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
B116436
|
Banner Entertainment, Inc. v. Superior Court (Alchemy Filmworks, Inc.)
Arbitration agreements created by oral contract or past behavior must be evidenced to be enforced. |
Contracts |
|
May 21, 1999 | |
|
A076192
|
People v. Gokey
Separate sentence enhancements may be imposed for prior conviction and prior sentence relating to same offense. |
Criminal Law and Procedure |
|
May 21, 1999 |
