| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
98-1034
|
Bankruptcy of Fraschilla
Intervening change in controlling legal authority allows bankruptcy court to deviate from appellate mandate. |
Bankruptcy |
|
Aug. 6, 1999 | |
|
98-1571
|
Bankruptcy of Dunbar
Debtor may be entitled to an injunction prohibiting revocation of a contractor license, but not the collection of contractor's bond. |
Bankruptcy |
|
Aug. 6, 1999 | |
|
98-1104
|
Spencer B. Batchelder, County Counsel, County of Calaveras
Veteran memorial district's facility requires supervisors and voters' approval prior to assessing a special tax to fund the project. |
Government |
|
Aug. 6, 1999 | |
|
98CA0126
|
J. Thomas Clark & Associates Inc. v. Trueman Aspen Co.
Exclusive use provision in lease does not preclude operation of similar business in shopping center. |
Real Property |
|
Aug. 6, 1999 | |
|
95-55806
|
California CNG Inc. v. Southern California Gas Co.
California utility's subsidy of natural-gas vehicle fueling stations isn't state action immune from federal scrutiny. |
Antitrust |
|
Aug. 6, 1999 | |
|
E015842
|
Estate of Huston
Annuity gift from estate's attorney to himself is void as outside his power of attorney. |
Probate and Trusts |
|
Aug. 6, 1999 | |
|
91-R-02993
|
State Bar v. Kirwan
Hearing judge can consider evidence on remand regarding attorney's moral qualifications for reinstatement to practice. |
Attorneys |
|
Aug. 6, 1999 | |
|
96-70337
|
Farhoud v. INS
Not receiving deportation hearing notice isn't exceptional circumstance excusing appearance failure, if statute requirements met. |
Immigration |
|
Aug. 6, 1999 | |
|
B126607
|
People v. Hannah
If defendant's sentence doesn't include parole, it's inappropriate to impose a restitution fine. |
Criminal Law and Procedure |
|
Aug. 5, 1999 | |
|
G021972
|
People v. Summers
When arrestee's roommate is missing, police can conduct warrantless search to ensure safety and seize sawed-off shotgun. |
Criminal Law and Procedure |
|
Aug. 5, 1999 | |
|
B122834
|
Marich v. QRZ Media Inc.
Videotape of police phone call informing parents their son has died of an overdose is prima facie evidence of invasion of privacy. |
Torts |
|
Aug. 5, 1999 | |
|
B125740
|
Mesa Forest Products Inc. v. St. Paul Mercury Insurance Co.
Where a judgment is more favorable than an offer to compromise, defendant's postoffer payments on debt should be considered by trial court. |
Contracts |
|
Aug. 5, 1999 | |
|
98-0222
|
Mason v. Cansino
Court has subject matter jurisdiction over forcible detainer action based upon deed from the Internal Revenue Service district director. |
Real Property |
|
Aug. 5, 1999 | |
|
F025257
|
Galland v. City of Clovis
Civil rights action is available in rent damages suit when city violates landlord's right to due process. |
Real Property |
|
Aug. 5, 1999 | |
|
S076784
|
Bramberg v. Jones
Proposition 225, instructing legislators to propose and support term limits amendment to U.S. Constitution, is unconstitutional. |
Constitutional Law |
|
Aug. 5, 1999 | |
|
G021972
|
People v. Summers
When arrestee's roommate is missing, police can conduct warrantless search to ensure safety and seize sawed-off shotgun. |
Criminal Law and Procedure |
|
Aug. 5, 1999 | |
|
98-0691
|
Walters v. Maricopa County
Administrative remedy for wrongful discharge is permissive, and doesnt preclude filing suit instead. |
Employment Law |
|
Aug. 5, 1999 | |
|
98-0623
|
Meineke v. GAB Business Services Inc.
Independent adjusting firm hired by insurer doesnt owe separate duty to insured. |
Insurance |
|
Aug. 5, 1999 | |
|
98-0172
|
Welker v. Yogerst
Pre-judgment interest does not accrue from the date offer of judgment is accepted on unliquidated claim. |
Torts |
|
Aug. 5, 1999 | |
|
98-1664
|
A.P. Esteve Sales Inc. v. Manning (In re Manning)
Debtor in foreign bankruptcy proceeding entitled to injunctive relief preventing the continuation of any action against debtor or any of its property. |
Bankruptcy |
|
Aug. 5, 1999 | |
|
99-1072
|
Rowe v. Jackman (In re Rowe)
Joint debtors, living apart, may only claim one homestead exemption under Nevada law. |
Bankruptcy |
|
Aug. 5, 1999 | |
|
98-55133
|
Alvarez v. Gomez
Repeated inquiries into the availability of counsel is sufficient to invoke Miranda v. Arizona right to counsel. |
Criminal Law and Procedure |
|
Aug. 5, 1999 | |
|
98-70658
|
Soueiti v. INS
Guilty plea to fraud for under $10,000 supports removal for aggravated felony conviction when the overall scheme causes loss of more than $10,000. |
Immigration |
|
Aug. 5, 1999 | |
|
93-55392
|
Jacobson v. Clarifying the Hughes Aircraft Co.
Applying correct standard, former employee's raise cognizable claims regarding employer's administration of ERISA plan. |
Labor Law |
|
Aug. 5, 1999 | |
|
C021146
|
Zubrick v. Ford
Statute violation creates presumption of duty of care that isn't pre-empted by assumption of risk. |
Torts |
|
Aug. 5, 1999 | |
|
S074819
|
Davis v. Wood-Mizer Products Inc.
Rehearing denied |
|
Aug. 5, 1999 | ||
|
98-0607
|
La Paz County v. Upton
Member of county board of supervisors can be reimbursed for travel expenses incurred while performing special duties. |
Government |
|
Aug. 5, 1999 | |
|
F023081
|
Bank of America National Trust & Savings Assn. v. Yurosek
'This motion is dropped' means court deletes it from calendar and not dismissal with prejudice. |
Civil Procedure |
|
Aug. 5, 1999 | |
|
96-35163
|
State of Washington v. East Columbia Basin Irrigation District
Despite project's low control costs, Flood Control Act immunity applies in Federal Tort Claims Act action. |
Torts |
|
Aug. 5, 1999 | |
|
S051441
|
Randi W. v. Muroc Joint Unified School District
Former employer can be liable for recommendation's affirmative misrepresentations presenting foreseeable risk to prospective employer. |
Torts |
|
Aug. 5, 1999 |