| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
G016144, G016615 and G016218
|
Mediterranean Construction Co. v. State Farm Fire and Casualty Co.
Courts must allow oral argument on summary judgment motions. |
Civil Procedure |
|
Mar. 26, 1999 | |
|
96-35050
|
Scott v. Ross
Order |
|
Mar. 26, 1999 | ||
|
94-03542
|
United States v. Dunifer
Broadcaster must apply to FCC for license before challenging constitutionality of its regulations. |
Administrative Agencies |
|
Mar. 26, 1999 | |
|
96-0348
|
U.S. v. Douglas
Gratuities scheme by corporation located in Northern California doesn't support venue in Northern District. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
|
97-4366
|
Hernandez v. McClanahan
Only state courts can hear applications for relief from California Tort Claims Act filing requirements. |
Government |
|
Mar. 26, 1999 | |
|
97-20884
|
Sun Microsystems Inc. v. Microsoft Corp.
Distribution of non-complying software pursuant to a contract may be enjoined for trademark infringement. |
Contracts |
|
Mar. 26, 1999 | |
|
97-1218
|
Gutierrez v. Givens
Allegation of conspiracy to undermine a state judgment is sufficient to establish personal jurisdiction in California court. |
Civil Procedure |
|
Mar. 26, 1999 | |
|
B114161
|
City of Los Angeles v. Amwest Surety Insurance Company
Surety bond for public improvements may require payment of 'penal sum' in event of contractor's default. |
Insurance |
|
Mar. 26, 1999 | |
|
97-15107
|
Blue v. Widnall
Sovereign immunity bars claims based on alleged violations of Veteran's Preference Act. |
Civil Rights |
|
Mar. 26, 1999 | |
|
97-15912
|
S.O.C. Inc. v. County of Clark
Anti-leafleting ordinance that affects both commercial speech and fully protected speech must be enjoined. |
Constitutional Law |
|
Mar. 26, 1999 | |
|
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 |
