| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
98-0106
|
State v. Reed
Defendant's suicide attempt and subsequent hospitalization doesn't necessarily constitute involuntary absence from trial. |
Criminal Law and Procedure |
|
Apr. 13, 1999 | |
|
97-0407
|
Estate of Pouser
Decedent's intent to give wife maximum under federal estate tax marital deduction entitles her to entire estate. |
Probate and Trusts |
|
Apr. 12, 1999 | |
|
S069688
|
The Regents of the University of California v. San Francisco County Superior Court (Molloy)
Review granted |
|
Apr. 12, 1999 | ||
|
G017409
|
Davis v. Shiley Inc.
California's governmental interests warrant application of its statute of limitations to fraud action. |
Torts |
|
Apr. 12, 1999 | |
|
95-15693
|
Deep Sea Research, Inc. v.The Brother Jonathan
California fails to establish colorable claim to submerged shipwreck for Eleventh Amendment immunity. |
Maritime Law |
|
Apr. 12, 1999 | |
|
S069539
|
People v. Armigo
Jury instruction on conspiracy to commit second degree express malice murder is properly given. |
Criminal Law and Procedure |
|
Apr. 12, 1999 | |
|
97-10479
|
U.S. v. Santos-Pinon
Use of videotaped depositions of unavailable deported witnesses doesn't violate confrontation clause. |
Criminal Law and Procedure |
|
Apr. 12, 1999 | |
|
97-15936
|
Bankruptcy of Hopkins
Taxpayer must retain 'innocent spouse' defense to avoid tax lien in bankruptcy proceeding. |
Bankruptcy |
|
Apr. 12, 1999 | |
|
97-16830
|
Stanton v. Benzler
Jury is properly instructed, rather than permitted to decide, that arsenic trioxide is a poison. |
Criminal Law and Procedure |
|
Apr. 12, 1999 | |
|
97-70578
|
Romani v. INS
Hearing must be reopened where asylum applicants appeared but were wrongly told not to enter courtroom. |
Immigration |
|
Apr. 12, 1999 | |
|
S069475
|
Fuller v. Bethany Apostolic Church
Negligent and intentional spoliation of evidence claims are dismissed for not filing within statute of limitations. |
Torts |
|
Apr. 12, 1999 | |
|
S069491
|
Magnum v. Superior Court (People)
Review granted |
|
Apr. 12, 1999 | ||
|
96-36258
|
Kottle v. Northwest Kidney Centers
Complaint doesn't meet heightened pleading standard required by judicial sham exception to Noerr-Pennington doctrine. |
Antitrust |
|
Apr. 12, 1999 | |
|
97-16080
|
Mularkey v. Holsum Bakery Inc.
Under Section 1 of Sherman Act, distributor must show manufacturer and other distributors agreed to fix prices. |
Antitrust |
|
Apr. 12, 1999 | |
|
S060909
|
People v. Tillis
Evidence doesn't support contention that government violated discovery statute by failing to list possible rebuttal witness. |
Criminal Law and Procedure |
|
Apr. 12, 1999 | |
|
97-35010
|
International Assn. of Independent Tanker Owners v. Locke
Federal law pre-empts state requirements for tanker navigation equipment but not other spill prevention measures. |
Maritime Law |
|
Apr. 12, 1999 | |
|
S019786
|
People v. Bolin
Counsel doesn't render ineffective assistance in capital case by failing to renew venue motion after voir dire. |
Criminal Law and Procedure |
|
Apr. 12, 1999 | |
|
97-35536
|
Washington Physicians Service Assn. v. Gregoire
Employee Retirement Income Security Act doesn't pre-empt law requiring health insurers to cover alternative treatments. |
Insurance |
|
Apr. 12, 1999 | |
|
96-O-01784
|
Rodriguez v. State Bar
Incomplete record of proceeding before hearing judge doesn't permit independent review of discipline recommendation. |
Attorneys |
|
Apr. 12, 1999 | |
|
S069732
|
People v. Bautista
Evidence of controlled substance use within specific time period preceding arrest isn't required in jury instruction. |
Criminal Law and Procedure |
|
Apr. 12, 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. 12, 1999 | |
|
B112663
|
Robison v. Six Flags Theme Parks Inc.
Lack of prior similar incidents doesn't negate landowner's duty to take reasonable precautions. |
Torts |
|
Apr. 12, 1999 | |
|
B109989
|
Schaefer/Karpf Productions v. CNA Insurance Cos.
Claims arising from defective videotapes don't allege 'property damage' within meaning of liability insurance policies. |
Insurance |
|
Apr. 12, 1999 | |
|
B106142
|
Minors L., Minors
Father is entitled to notice and hearing before juvenile court's jurisdiction is terminated. |
Juveniles |
|
Apr. 12, 1999 | |
|
96-8422
|
Bryan v. United States
Defendant 'willfully' violates firearms laws if he knows conduct is unlawful but is unaware of specific statute. |
Criminal Law and Procedure |
|
Apr. 12, 1999 | |
|
C026761 and C027026
|
Molen v. Friedman
Well pleaded complaint doctrine doesn't apply to collateral attack upon complaint. |
Civil Procedure |
|
Apr. 12, 1999 | |
|
96-1578
|
Phillips v. Washington Legal Foundation
Interest on attorney trust accounts is private property of clients for purposes of takings clause. |
Constitutional Law |
|
Apr. 12, 1999 | |
|
97-7541
|
Mitchell v. United States
Certiorari granted |
|
Apr. 12, 1999 | ||
|
97-1489
|
Your Home Visiting Nurse SVC v. Shalala, Sec., H&HS
Certiorari granted |
|
Apr. 12, 1999 | ||
|
97-1209
|
Lockheed Aeronautical Sys. v. Gray
Order |
|
Apr. 12, 1999 |
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