| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
97-1184 and 97-1243
|
National Federation of Federal Employees, Local 1309 v. Dept. of the Interior, et al.
Certiorari granted |
|
Apr. 14, 1999 | ||
|
97-1252
|
Reno v. AM. -ARAB Anti-Discrim. Comm.
Certiorari granted |
|
Apr. 14, 1999 | ||
|
A077646
|
People v. Martin
Peremptory challenge of juror based on juror's views is permitted although those views are grounded in religion. |
Criminal Law and Procedure |
|
Apr. 14, 1999 | |
|
97-10287
|
U.S. v. Rapal
Combined sentence of imprisonment plus supervised release can exceed maximum prison term allowed by statute. |
Criminal Law and Procedure |
|
Apr. 14, 1999 | |
|
S050870
|
Toland v. Sunland Housing Group Inc.
Workers' Compensation Act bars all suits by contractor's employees against hiring party under peculiar risk doctrine. |
Torts |
|
Apr. 14, 1999 | |
|
B112558
|
Kolani v. Gluska
Broad covenant not to compete can't be saved from illegality by judicially narrowed construction. |
Employment Law |
|
Apr. 14, 1999 | |
|
H017028
|
Odello Brothers v. County of Monterey
Emergency exception doesn't shield county from inverse condemnation liability for deliberately breaching levee. |
Real Property |
|
Apr. 14, 1999 | |
|
A076627
|
Loube v. Loube
Position taken by attorneys on behalf of clients isn't binding on the attorneys when later sued by clients. |
Attorneys |
|
Apr. 14, 1999 | |
|
D026994
|
Rich v. Schwab
Victims of retaliatory rent increase may recover punitive damages without regard to landlord's net worth. |
Real Property |
|
Apr. 14, 1999 | |
|
B107999
|
11601 Wilshire Associates v. Grebow
Landlord has no cause of action against wife simply because husband guaranteed tenant's performance under lease. |
Real Property |
|
Apr. 14, 1999 | |
|
B103203 and B116738
|
People v. Gonzalez
Lack of probable cause for arrest doesn't taint defendant's custodial confession to different crime. |
Criminal Law and Procedure |
|
Apr. 14, 1999 | |
|
D024029
|
Marriage of Lusby
Ruling regarding add-on expenses for child support at postjudgment hearing is valid under Family Code. |
Family Law |
|
Apr. 14, 1999 | |
|
F026821
|
People v. Shaw
Represented defendant must show actual threat of deportation to withdraw no contest plea. |
Criminal Law and Procedure |
|
Apr. 14, 1999 | |
|
D029494
|
Andres G., a Minor
Order based on statutorily unauthorized, informal dispositional scheme exceeds court's jurisdiction and is invalid. |
Juveniles |
|
Apr. 14, 1999 | |
|
96-1660 and 96-1943
|
Bankruptcy of DiSalvo
It is reversible error to extinguish debt and security as sanction for violating one action rule. |
Bankruptcy |
|
Apr. 14, 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 |
|
Apr. 14, 1999 | |
|
96-16843
|
San Remo Hotel v. City and County of San Francisco
Federal court considering 'taking' claim must abstain because determinative state law issues remain unclear. |
Real Property |
|
Apr. 14, 1999 | |
|
G019819
|
C & C Partners Ltd. v. Dept. of Industrial Relations
Garment manufacturer operating without registration certificate can be fined based on number of employees. |
Labor Law |
|
Apr. 14, 1999 | |
|
B113906
|
Southern Pacific Thrift & Loan Association v. Savings Association Mortgage Co.
Loan agreement using 'trustee' and 'independent contractor' language doesn't automatically result in fiduciary duty. |
Real Property |
|
Apr. 14, 1999 | |
|
B112133
|
State Compensation Insurance Fund v. WPS Inc. (Telanoff)
Although attorney's inadvertent disclosure of privileged information isn't a waiver, receiving attorney using the disclosure shouldn't get sanctions. |
Attorneys |
|
Apr. 14, 1999 | |
|
B122949
|
Tatiana B., a Minor
To declare wardship for minor under age 14, trial court must expressly find that she appreciates wrongfulness of her act. |
Juveniles |
|
Apr. 14, 1999 | |
|
F026343
|
Mariani v. Price Waterhouse
Summary judgment properly granted when there's no evidence that defendant intended to induce reliance. |
Torts |
|
Apr. 14, 1999 | |
|
97-1252
|
Reno v. American-Arab Anti-Discrimination Committee
Federal courts lack jurisdiction over suits involving deportation under the Illegal Immigration Reform and Immigrant Responsibility Act. |
Immigration |
|
Apr. 14, 1999 | |
|
B116352
|
Bardin v. Lockheed Aeronautical Systems Co.
Absolute privilege exists for employers providing false and misleading information regarding former employees despite Government Code qualified privilege rule. |
Torts |
|
Apr. 14, 1999 | |
|
C028650
|
Fall River Wild Trout Foundation v. County of Shasta (Fall River Ranches)
California Environmental Quality Act requires notice of intent to adopt mitigated negative declaration be given to both the public and trustee agency. |
Environmental Law |
|
Apr. 14, 1999 | |
|
B124958
|
Ramey on Habeas Corpus
Absent felony conviction for earlier robbery, sentence enhancement for current robbery conviction improper. |
Criminal Law and Procedure |
|
Apr. 14, 1999 | |
|
F031178
|
Davidson v. Superior Court (City of Mendota)
Contempt order can't be issued against a petitioner where order is based on a settlement agreement petitioner never personally signed. |
Civil Procedure |
|
Apr. 14, 1999 | |
|
B120948
|
People v. Barrera
Although commissioner's disqualification can't be waived, a party may not seek review of the issue if timely objection wasn't made. |
Criminal Law and Procedure |
|
Apr. 14, 1999 | |
|
B126017
|
People v. Superior Court (Johannes)
Under the Sexually Violent Predator Act, crimes against children under 14 need not be committed with force to satisfy statute. |
Criminal Law and Procedure |
|
Apr. 14, 1999 | |
|
G018750
|
McComber v. Wells
Pre-verdict settlement between co-defendants and plaintiff may be used to reduce economic damages against non-settling defendant. |
Torts |
|
Apr. 14, 1999 |
