| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
98-16693
|
Wilderness Society v. Thomas
Challenge to U.S. Forest Service's clear-cutting plan is justiciable since its claims are site-specific and delayed review would cause hardship. |
Environmental Law |
|
Dec. 2, 1999 | |
|
98-16573
|
Sposato v. Electronic Data Systems Corp.
Damages for wrongful termination include the face value of life insurance policy that employee had while employed. |
Employment Law |
|
Dec. 2, 1999 | |
|
98-50548
|
U.S. v. Vega
Defendant's prior border crossings and bank deposits are 'other acts' that the government should have disclosed to defendant before trial. |
Criminal Law and Procedure |
|
Dec. 2, 1999 | |
|
96-35251 and 96-35266
|
Berger v. Hanlon
Media employees aren't entitled to qualified immunity for accompanying police officers executing a search warrant. |
Civil Rights |
|
Dec. 2, 1999 | |
|
98-56308
|
Bowen v. Roe
Period of direct review includes period within which defendant can file for writ of certiorari from U.S. Supreme Court, whether or not petition actually filed. |
Criminal Law and Procedure |
|
Dec. 2, 1999 | |
|
B125875
|
Andrea R., a Minor
Trial court needn't hold separate evidentiary hearings to review the permanent placement plan and to terminate guardianship. |
Juveniles |
|
Dec. 2, 1999 | |
|
98-15559
|
Children's Hospital and Health Center v. Belshe
State must meet requirements of Boren Amendment when setting rates for out-of-state hospitals that treat Medicaid patients. |
Administrative Agencies |
|
Dec. 2, 1999 | |
|
97-16021
|
Mauro v. Arpaio
County jail regulation prohibiting inmates' possession of sexually explicit material doesn't violate First Amendment. |
Prisoners Rights |
|
Dec. 2, 1999 | |
|
98-50136
|
U.S. v. Blanco-Gallegos
Where INS issues 'certificate of nonexistence' of alien's request to re-enter United States, presumption that alien didn't have permission is justified. |
Criminal Law and Procedure |
|
Dec. 2, 1999 | |
|
B129396
|
Urayna L., a Minor
Mother's failure to address adequacy of Department of Children and Family Services' report at trial results in waiver of issue on appeal. |
Juveniles |
|
Dec. 1, 1999 | |
|
B126155
|
People v. Stone
Jury could reasonably infer from the evidence in its entirety that defendant was illegally manufacturing phencyclidine. |
Criminal Law and Procedure |
|
Dec. 1, 1999 | |
|
B120848
|
People v. American Surety Insurance Co.
Insufficient notice to extend 180-day period to vacate bail bond forfeiture, filed within the 180 days, can't save subsequent untimely notice. |
Criminal Law and Procedure |
|
Dec. 1, 1999 | |
|
A082611
|
Commerce & Industry Insurance Co. v. Chubb Custom Insurance Co.
Warehouse insured by two insurance policies, each holding the other responsible for the loss, must be prorated between the insurers. |
Insurance |
|
Dec. 1, 1999 | |
|
C033263
|
Ingrid E. v. Superior Court (Dept. of Health and Human Services)
Where parent avers that many changed circumstances warranted a review hearing, denial of hearing is an abuse of discretion by the court. |
Juveniles |
|
Dec. 1, 1999 | |
|
B121382
|
Linsley v. Twentieth Century Fox Films Corp.
Defendant is entitled to attorney fees on summary judgment dismissing discrimination action filed after plaintiff signed release of all claims, including discrimination claims. |
Employment Law |
|
Dec. 1, 1999 | |
|
B129300
|
Washington Mutual Bank v. Superior Court (Brown)
Private state causes of action against lenders for failure to disclose inflated costs are not pre-empted or inconsistent with federal disclosure requirements. |
Real Property |
|
Dec. 1, 1999 | |
|
D032472
|
Saunders v. Superior Court (People)
Courts errs by failing to state grounds for discovery sanctions and ordering attorney to pay fine to a charity of choice. |
Criminal Law and Procedure |
|
Dec. 1, 1999 | |
|
B120350
|
Iwekaogwu v. City of Los Angeles
Reduction of jury award against prevailing party is justified based on questionable juror misconduct during deliberations. |
Employment Law |
|
Dec. 1, 1999 | |
|
C030104
|
Campbell v. Derylo
Triable issue exists as to whether use of snowboard without retention strap increases the inherent risk of injury to co-participants. |
Torts |
|
Dec. 1, 1999 | |
|
B123931
|
Sherwood-Trimble Medical Group v. 10001 Venice Boulevard Partnership
Deficiency judgment is barred where personal property vendor and real property vendor together receive a single note secured by two separate instruments. |
Real Property |
|
Dec. 1, 1999 | |
|
B119881
|
Binder v. Aetna Life Insurance Co.
Summary judgment is improper if material issues of dispute regarding parties implied agreement exists, and whether employee's conduct constituted 'good cause' for termination. |
Employment Law |
|
Dec. 1, 1999 | |
|
H018151
|
Maxconn Incorporated v. Truck Insurance Exchange
Patent infringement isn't advertising injury, as defined as 'infringement of copyright, title, or slogan,' for duty-to-defend purposes. |
Insurance |
|
Dec. 1, 1999 | |
|
A080592 and A086546
|
People v. Brown
Absence of Chinese, Filipino or Hispanic forepersons on indictment grand jury for 36 years did not violate black defendant's constitutional rights. |
Criminal Law and Procedure |
|
Dec. 1, 1999 | |
|
C030560
|
People v. Dixon
Attempted sexual battery is not a lesser-included offense of assault with intent to rape. |
Criminal Law and Procedure |
|
Dec. 1, 1999 | |
|
S067443
|
People v. Frazer
A penal code section that extends the statute of limitations on a child molestation crime is not unconstitutional per se. |
Criminal Law and Procedure |
|
Dec. 1, 1999 | |
|
B115302
|
Filippo Industries Inc. v. Sun Insurance Co. of New York
Refusal to preclude jury from hearing evidence of denial of coverage for goods in excess of last prefire inventory warehouse report is proper. |
Insurance |
|
Dec. 1, 1999 | |
|
B119122
|
Estate of Fain
Judge has authority to render binding judgment where evidence demonstrates that parties believed proceedings to be a trial, not an arbitration hearing. |
Probate and Trusts |
|
Dec. 1, 1999 | |
|
B131248
|
BGJ Associates LLC v. Superior Court (M2B2 LLC)
Expunged lis pendens notice regarding constructive trust of disputed real property is proper where money damages are available. |
Real Property |
|
Dec. 1, 1999 | |
|
B124489
|
Sanchez v. Pacificare Health System
Fees of medical expert witness not ordered by the trial court are not recoverable as costs. |
Civil Procedure |
|
Dec. 1, 1999 | |
|
F029122
|
People v. Green
California defendant may not challenge prior foreign conviction for lack of procedural formalities, where foreign jurisdiction does not require such formalities. |
Criminal Law and Procedure |
|
Dec. 1, 1999 |