| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
99-8040
|
U.S. v. Mora
Order |
Criminal Law and Procedure |
|
Mar. 3, 2000 | |
|
99-6392
|
Alexander v. Flowers
Order |
Criminal Law and Procedure |
|
Mar. 3, 2000 | |
|
99-1286
|
U.S. v. Lewis
Order |
Criminal Law and Procedure |
|
Mar. 3, 2000 | |
|
99-6218
|
U.S. v. Evans
Order |
Criminal Law and Procedure |
|
Mar. 3, 2000 | |
|
S083919
|
St. Joe Minerals Corp. v. Zurich Insurance Co.
Order |
|
Mar. 3, 2000 | ||
|
99-55227
|
Walczak v. EPL Prolong Inc.
Preliminary injunction granted to minority shareholders in derivative suit is proper as it doesn't freeze assets of majority shareholders or the corporation. |
Corporations |
|
Mar. 3, 2000 | |
|
98-56445
|
Conde v. Henry
Defendant is entitled to jury instruction that reflects his theory of defense if supported by evidence. |
Criminal Law and Procedure |
|
Mar. 3, 2000 | |
|
98-55366
|
Filipino Yellow Pages, Inc., v. Asian Journal Publications, Inc.
The term 'Filipino Yellow Pages' isn't protectible under trademark law as descriptive mark with secondary meaning. |
Intellectual Property |
|
Mar. 3, 2000 | |
|
98-15181
|
Leslie v. Grupo Ica
Where evidence raises genuine issues of dispute, summary judgment is improper, despite trial court's disbelief of party's statements in deposition. |
Civil Procedure |
|
Mar. 3, 2000 | |
|
99-10033
|
U.S. v. Mendoza-Iribe
Alien sex-offender's conviction for sexually abusing a 2-year-old is deemed an aggravated felony, justifying an upward adjustment of sentence. |
Criminal Law and Procedure |
|
Mar. 3, 2000 | |
|
98-35340
|
Hjelvik v. Babbitt
Unpatented mining claims are null and void for lack of valuable mineral deposits. |
Real Property |
|
Mar. 3, 2000 | |
|
99-50137
|
U.S. v. Romero-Rendon
Reliance on pre-sentence report to enhance a defendant's sentence, without verifying its accuracy, isn't improper or an abuse of discretion. |
Criminal Law and Procedure |
|
Mar. 3, 2000 | |
|
98-55453
|
Pacific Maritime Ass. v. Local 63
Public sector union isn't subject to liability for 'secondary boycott' under Labor Management Relations Act. |
Labor Law |
|
Mar. 3, 2000 | |
|
98-16107
|
Bowles v. Reade
ERISA complaint against corporate trustee for breach of fiduciary duty cannot be dismissed, despite designation of wrong party plaintiff. |
Labor Law |
|
Mar. 3, 2000 | |
|
98-16141
|
Marchisheck v. San Mateo County
Employee's son did not have "serious health condition" which would allow time off from work under federal and state statutes. |
Employment Law |
|
Mar. 3, 2000 | |
|
99-15316
|
Neal v. The Board of Trustees of the California State Universities
University's reduction of spots on male wrestling team to achieve 'substantial proportionality' between genders doesn't violate federal law. |
Constitutional Law |
|
Mar. 3, 2000 | |
|
98-50368
|
U.S. v. Juvenile (RRA-A)
Officer's delay in stating rights and his inadequate effort to contact state consulate isn't prejudicial and doesn't violate juvenile's due process rights. |
Juveniles |
|
Mar. 3, 2000 | |
|
98-35147 and 98-35415
|
Leatherman Tool Group Inc. v. Cooper Industries Inc.
Nonpatented product isn't protectable as trade dress when competitor clearly marks own product with distinct name and packaging. |
Intellectual Property |
|
Mar. 3, 2000 | |
|
F033305
|
Kendall-Jackson Winery v. Superior Court
Unclean hands defense is triggered when misconduct in particular transaction, or connected to subject matter of litigation, affects equitable relations between litigants. |
Torts |
|
Mar. 3, 2000 | |
|
A085802
|
First Nationwide Bank v. Mountain Cascade Inc.
Expert witness fees can't be included as attorney fees or recovered as 'necessary expense' under contract unless properly pled or proved. |
Civil Procedure |
|
Mar. 2, 2000 | |
|
F027340
|
Ruiz v. California Dept. of Corrections
Review of work discrimination claim by Department of Fair Employment and Housing, rather than State Personnel Board, constitutes exhaustion of administrative remedies. |
Employment Law |
|
Mar. 2, 2000 | |
|
B135613
|
Haywood v. Superior Court (Haywood)
Child born and living exclusively with mother in California has significant connection to state to warrant California custodial jurisdiction. |
Family Law |
|
Mar. 2, 2000 | |
|
B119816
|
Yergan v. Dept. of Real Estate
Brokers are not entitled to payment from Real Estate Recovery Program where judgment obtained is based on professional negligence and not fraud. |
Real Property |
|
Mar. 2, 2000 | |
|
F032200
|
Woodward Park Homeowners Assn. v. Garreks Inc.
Even though project is finished before appellate court decision, corporation's failure to prepare environmental report before completing project doesn't make case moot. |
Real Property |
|
Mar. 2, 2000 | |
|
C023438
|
Allstate Insurance Co. v. Mel Rapton Inc.
Policy holder's small claims judgment against tortfeasor bars insurance company's subrogation action. |
Insurance |
|
Mar. 2, 2000 | |
|
A087149, A088030 and A088200
|
People v. Gallardo
Postjudgment order not appealable when appeal actually seeks habeas corpus relief. |
Criminal Law and Procedure |
|
Mar. 2, 2000 | |
|
E024343
|
Crystaplex Plastics Ltd. v. Redevelopment Agency of the City of Barstow
Joint payee's complaint against drawer of check contains sufficient allegations to state cause of action for recovery of lost, destroyed or stolen check. |
Business Law |
|
Mar. 2, 2000 | |
|
B125896
|
Saelzler v. Advanced Group 400
Assault victim has cause of action against owners of dangerous apartment complex who took no precautionary measures to secure against crime. |
Torts |
|
Mar. 2, 2000 | |
|
B129746
|
People v. Sanchez Madrigal
Probation department does not violate defendant's rights when it fails to locate him in prison and timely initiate probation revocation. |
Criminal Law and Procedure |
|
Mar. 2, 2000 | |
|
B134338
|
Korean Philadelphia Presbyterian Church v. California Presbytery
Issuance of injunction can't be based on future fears but rather actual evidence of realistic intent to engage in prohibited activity. |
Civil Procedure |
|
Mar. 2, 2000 |