Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
97-55171
|
Canales v. Roe
No presumed prejudice from counsel's failure to file notice of appeal where petitioner was notified and did nothing. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
B117987
|
People v. Martinez
No jurisdictional error in not imposing drug program fee against defendant, but laboratory analysis fee is excessive. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
C027317
|
Santangelo v. Allstate Insurance Company
New law requiring completion of uninsured motorist arbitrations within five years applies to pending demand. |
Insurance |
|
Mar. 26, 1999 | |
B124150
|
Carr on Habeas Corpus
Fifteen percent limit on pre-probation and sentence conduct credits doesn't apply when probation is granted. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
H016861
|
Ensoniq Corp. v. Superior Court (Dattoro)
Items seized from individual must be returned after charges dropped despite competing civil ownership claim. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
S057121
|
City of Moorpark v. Superior Court (Dillon)
Labor Code remedy for workers suffering discrimination as result of job-related disabilities isn't exclusive. |
Civil Rights |
|
Mar. 26, 1999 | |
A080515
|
Pilkington Barnes Hind v. Superior Court (Visbal)
Person remains job 'applicant' for drug testing purposes although tests postponed until after start date. |
Employment Law |
|
Mar. 26, 1999 | |
96-10110, 96-10167, 97-10251, and 97-10289
|
U.S. v. Aviles
Drug task force member can't withhold information material to wiretap application to protect separate investigation. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
E019044
|
Diamond Benefits Life Insurance Co. v. Troll
Easement holder not named in foreclosure action isn't bound, and has redemption right following later action. |
Real Property |
|
Mar. 26, 1999 | |
97-10331
|
U.S. v. Mussari
Ability to pay child support prior to Child Support Recovery Act's enactment can't support conviction for nonpayment. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
97-15350
|
Kummetz v. Tech Mold Inc.
Employee doesn't waive right to litigate discrimination claim by signing document not explicitly mentioning arbitration provision. |
Employment Law |
|
Mar. 26, 1999 | |
B111626
|
People v. Trotter
Defendant who was not in custody at time of arraignment when he ran from courtroom can't be convicted of escape. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
H016744
|
City of San Jose v. Dept. of Health Services
Local government has constitutional power to regulate smoking and isn't pre-empted by state agency rules. |
Constitutional Law |
|
Mar. 26, 1999 | |
G021342
|
People v. Solis
Waiver of jury trial doesn't extend to retrial on same charge following appeal. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
96-16094
|
Imax Corp. v. Cinema Technologies Inc.
Complaint for misappropriation of trade secrets must state specifications of allegedly secret projector system. |
Intellectual Property |
|
Mar. 26, 1999 | |
A080251
|
Gavin T., a Minor
Thrown apple that accidentally hit teacher isn't a deadly weapon. |
Juveniles |
|
Mar. 26, 1999 | |
G018512 & G020890
|
Estate of Ferber
Will's no-contest clause prohibits frivolous attempts to oust executor. |
Probate and Trusts |
|
Mar. 26, 1999 | |
97-50146
|
U.S. v. Sanchez-Lima
Denying admission of videotaped testimony of deported eyewitnesses violates defendant's Sixth Amendment right to present defense. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
97-70914
|
Rainsong Co. v. Federal Energy Regulatory Commission
Appeal of Federal Energy Regulatory Commission decision must be filed within 60 days after decision posted. |
Environmental Law |
|
Mar. 26, 1999 | |
97-1836 and 97-1837
|
Bankruptcy of DeVore
Withdrawal of 'no-asset' report doesn't bring abandoned assets back into estate for administration. |
Bankruptcy |
|
Mar. 26, 1999 | |
B120155
|
Johnson v. Superior Court (Tate)
Extraordinarily high earning parent who agrees to court-ordered child support needn't provide detailed financial discovery. |
Family Law |
|
Mar. 26, 1999 | |
B122407
|
Wilder v. Superior Court (Los Angeles County Metropolitan Transportation Authority)
Person with potential tort claim against government may use Public Records Act to obtain relevant documents. |
Government |
|
Mar. 26, 1999 | |
95-10455 and 95-10561
|
U.S. v. Doe
Failure to notify parents doesn't automatically require suppression of juvenile's custodial statements. |
Juveniles |
|
Mar. 26, 1999 | |
B113920
|
People v. Fitzpatrick
Court properly revokes pro se status of defendant who has delayed trial for more than a year. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
E019258
|
Coltrain v. Shewalter
Defendants prevail on motion to strike strategic lawsuit against public participation when plaintiffs voluntarily dismiss. |
Civil Procedure |
|
Mar. 26, 1999 | |
S072470
|
People v. Topete
Review granted |
|
Mar. 26, 1999 | ||
S065546
|
Avalon Bay Foods v. WCAB
Employer or insurer has 60 days to reimburse injured worker for medical treatment transportation costs. |
Workers' Compensation |
|
Mar. 26, 1999 | |
S061699
|
Aydin Corp. v. First State Insurance Co.
Insured has burden of proving occurrence giving rise to pollution claim was 'sudden and accidental.' |
Insurance |
|
Mar. 26, 1999 | |
A079845
|
People v. Lockwood
Court doesn't abuse discretion in denying certificate of rehabilitation, but denial should be without prejudice. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
S070035
|
People v. Buchholz
Order |
|
Mar. 26, 1999 |