Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
96-55725 and 96-55860
|
Barber v. Miller
Rule 11 sanctions can't be imposed where action was dismissed before sanctions were sought. |
Civil Procedure |
|
Apr. 13, 1999 | |
96-55920
|
Parrino v. FHP Inc.
Employee Retirement Income Security Act pre-empts state law claims regarding health plan's claims procedures. |
Labor Law |
|
Apr. 13, 1999 | |
97-30255
|
U.S. v. Bennett
District court can't consider defendant's challenge to forfeiture order after defendant declined to appeal it. |
Criminal Law and Procedure |
|
Apr. 13, 1999 | |
H015564
|
Ortega v. Pajaro Valley Unified School District
School district estopped from asserting statute of limitations against one of two children molested by teacher. |
Torts |
|
Apr. 13, 1999 | |
D030218 and D030399
|
Aas v. Superior Court (The William Lyon Co.)
Homeowners can't claim pure economic loss damages or market 'stigma' damages in construction defect suit. |
Real Property |
|
Apr. 13, 1999 | |
97-30167 and 97-30178
|
U.S. v. Lopez-Sandoval
Translator for drug operation isn't subject to sentence enhancement as organizer or leader of conspiracy. |
Criminal Law and Procedure |
|
Apr. 13, 1999 | |
96-56565
|
Batchelder v. Kawamoto
American Depository Receipt holder has no derivative claim if foreign law limits standing to shareholders of record. |
Securities |
|
Apr. 13, 1999 | |
97-1467
|
Bankruptcy of Cardinalli
Order |
|
Apr. 13, 1999 | ||
98-70569
|
Calderon v. U.S. District Court (Kelly)
Order |
|
Apr. 13, 1999 | ||
H015564
|
Ortega v. Pajaro Valley Unified School District
School district estopped from asserting statute of limitations against one of two children molested by teacher. |
Torts |
|
Apr. 13, 1999 | |
97-1472
|
Haddle v. Garrison
Loss of at-will employment is an injury under federal statute protecting federal witnesses from coercion. |
Employment Law |
|
Apr. 13, 1999 | |
B112469
|
People v. Scott
Criminal defendant has no right of self-representation on appeal. |
Criminal Law and Procedure |
|
Apr. 13, 1999 | |
A078754 and A078996
|
Estate of Starkweather
Department of Health Services may sue personal representative who fraudulently stated that decedent didn't receive Medi-Cal. |
Administrative Agencies |
|
Apr. 13, 1999 | |
A081080
|
Warren v. Superior Court (Taylor)
Defense counsel's challenge for cause of trial judge for bias or prejudice isn't supported by record. |
Criminal Law and Procedure |
|
Apr. 13, 1999 | |
A076797
|
Alliance Financial v. City and County of San Francisco
Public entity's silence in face of claim waives technical objections to manner in which claim was presented. |
Torts |
|
Apr. 13, 1999 | |
D026953
|
Pauletto v. Reliance Insurance Co.
Claims for malicious prosecution and abuse of process are pre-empted by federal bankruptcy laws. |
Bankruptcy |
|
Apr. 13, 1999 | |
A077714
|
Hansell v. Santos Robinson Mortuary
Mortuary has no duty of care to ensure propriety of services performed by crematorium. |
Torts |
|
Apr. 13, 1999 | |
97-689
|
Geissal v. Moore Medical Corp.
Employer can't deny continuation coverage because beneficiary has other group health coverage at time of election. |
Employment Law |
|
Apr. 13, 1999 | |
97-174
|
Cass County, Minnesota v. Leech Lake Band of Chippewa Indians
State and local governments may tax reservation land that was sold to non-Indians and later repurchased. |
Native American Affairs |
|
Apr. 13, 1999 | |
97-1337
|
Minnesota v. Mille Lacs Band
Certiorari granted |
|
Apr. 13, 1999 | ||
97-53
|
Roberts v. Gelen of Virginia
Certiorari granted |
|
Apr. 13, 1999 | ||
97-15926 and 98-70378
|
Ho v. San Francisco Unified School District
Trial is necessary to determine whether San Francisco may continue to use race-based criteria in school admissions. |
Civil Rights |
|
Apr. 13, 1999 | |
F027162
|
Luther Burbank Savings and Loan Assn. v. Community Construction Inc.
Unpaid tax lien is considered when calculating property's fair value for deficiency judgment purposes. |
Real Property |
|
Apr. 13, 1999 | |
H016980
|
Coleman v. County of Santa Clara
Santa Clara County Measure B sales tax is general tax validated by simple majority vote. |
Taxation |
|
Apr. 13, 1999 | |
A081100
|
Kennedy v. Superior Court (Lucky Stores Inc.)
Party submitting to medical examination is entitled to report of examination and may depose examining physician. |
Civil Procedure |
|
Apr. 13, 1999 | |
A074676
|
North Oakland Medical Clinic v. Rogers
Requests for prejudgment interest must be made prior to judgment and filed within time to file for new trial. |
Civil Procedure |
|
Apr. 13, 1999 | |
A079271
|
Gatton v. A.P Green Services Inc.
Deposition testimony that is inadmissible hearsay doesn't create triable issue of fact defeating summary judgment. |
Civil Procedure |
|
Apr. 13, 1999 | |
97-1228
|
Bankruptcy of Ernst Home Center Inc.
Appeal is dismissed as moot due to changed circumstances where no stay was ordered pending appeal. |
Bankruptcy |
|
Apr. 13, 1999 | |
95-56862
|
Collins v. Pension and Insurance Committee of the Southern California Rock Products and Ready Mixed Concrete Assns.
Pension fiduciary needn't increase benefits when overfunding occurs unless plan creates such obligation. |
Labor Law |
|
Apr. 13, 1999 | |
96-15043, 96-15044, 96-16027 and 96-16076
|
Hanlon v. Chrysler Corp.
Class representative in state class action can't opt whole state out of federal class action without individuals' consent. |
Civil Procedure |
|
Apr. 13, 1999 |