| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
94-50216
|
U.S. v. Angotti
Bank officials' location determines proper venue district for crime of making false statements to bank. |
Criminal Law and Procedure |
|
Aug. 5, 1999 | |
|
95-17297
|
Leorna v. U.S. Dept. of State
Exhaustion requirement's futility exception is inapplicable absent employment applicant's compliance with federal agency's procedures. |
Labor Law |
|
Aug. 5, 1999 | |
|
95-30371
|
U.S. v. Miller
State law restoration of rights isn't bar to felon status for federal firearm possession prosecution. |
Criminal Law and Procedure |
|
Aug. 5, 1999 | |
|
D022106
|
LiMandri v. Judkins
Absent duty of care evidence there cannot be interference with prospective business advantage. |
Torts |
|
Aug. 5, 1999 | |
|
G019615
|
Elizabeth M., a Minor
Parental rights are terminated despite mother's contention relationship with daughter would be beneficial. |
Juveniles |
|
Aug. 5, 1999 | |
|
S031247
|
In re Visciotti
No relief from death penalty if claim of ineffective assistance of counsel fails to show prejudice. |
Criminal Law and Procedure |
|
Aug. 5, 1999 | |
|
S057813
|
Davis v. K G O T.V., Inc.
Recovery of expert witness fees is not authorized as element of costs. |
Civil Procedure |
|
Aug. 5, 1999 | |
|
S057387
|
State Farm Fire and Casualty Co. v. Workers' Compensation Appeals Board
Review granted |
|
Aug. 5, 1999 | ||
|
S057616
|
People v. Mays
Review granted |
|
Aug. 5, 1999 | ||
|
S057090
|
People v. Barriga
Court Can Reject Agreement WhichViolates Felony Plea Statute EvenAfter Plea Has Been Accepted. |
Criminal Law and Procedure |
|
Aug. 5, 1999 | |
|
E016015
|
People v. Gutierrez
Specific intent to use syringe to inject drug isn't element for possessing paraphernalia in prison offense. |
Criminal Law and Procedure |
|
Aug. 5, 1999 | |
|
95-17190 and 95-17278
|
Velarde v. Pace Membership Warehouse Inc.
ERISA doesn't pre-empt contract breach action against employer based on 'stay on' letter promising bonus. |
Employment Law |
|
Aug. 5, 1999 | |
|
96-35254 and 96-35265
|
Burlington Northern Railroad Co. v. Wolf
District court cannot enjoin enforcement of tribal court's judgment before debtor exhausts tribal remedies. |
Native American Affairs |
|
Aug. 5, 1999 | |
|
A072326 and A074330
|
Marriage of Biddle
Qui tam action filed prior to separation but still pending at dissolution is community property. |
Family Law |
|
Aug. 5, 1999 | |
|
A073818
|
Gonzales v. ABC Happy Realty Inc.
Statute permitting costs against party for unreasonable action also applies to unsuccessful, but not frivolous, appeal. |
Civil Procedure |
|
Aug. 5, 1999 | |
|
D025845
|
City of Vista v. Sutro & Co.
Finance director with power to execute agreements on city's behalf could bind city to arbitration agreement. |
Civil Procedure |
|
Aug. 5, 1999 | |
|
97-99002
|
Greenawalt v. Stewart
Defendant facing execution fails to provide sufficient reason to avoid dismissal of successive petition. |
Criminal Law and Procedure |
|
Aug. 5, 1999 | |
|
96-50127
|
U.S. v. Green
Government needs reasonable notice of sentencing court's downward departure intent beyond presentence report recommendations. |
Criminal Law and Procedure |
|
Aug. 5, 1999 | |
|
95-70400
|
Coupar v. U.S Dept of Labor
Prisoner isn't 'employee' for whistleblower protection purposes under Clean Air and Toxic Substances Control Acts. |
Labor Law |
|
Aug. 5, 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. 5, 1999 | |
|
S072698
|
Malone v. County of Kern Superior Court
Jurisdiction for conspiracy cases lies in any county in which any overt act tending to effect such conspiracy is committed. |
Criminal Law and Procedure |
|
Aug. 4, 1999 | |
|
96-80418
|
In re Turner
Order |
|
Aug. 4, 1999 | ||
|
S057119
|
Emerson Electric Co. v. Superior Court (Grayson)
Trial court has discretion to compel deponent to physically re-enact accident at videotaped deposition. |
Civil Procedure |
|
Aug. 4, 1999 | |
|
99-42568
|
In re Bergeron
Court has power to grant discharge despite debtor's inability to attend creditors' meeting. |
Bankruptcy |
|
Aug. 4, 1999 | |
|
E016659
|
Arciniega v. Bank of San Bernardino N.A.
'Case within a case' doctrine bars further recovery for plaintiff after settling legal malpractice action. |
Torts |
|
Aug. 4, 1999 | |
|
B096855
|
People v. Sanders
Trial court's belief it lacked discretion to dismiss three strikes prior convictions necessitates resentencing. |
Criminal Law and Procedure |
|
Aug. 4, 1999 | |
|
C020037
|
People v. Lopez
Defendant must prove statute of limitations has run on crime of misappropriation of public funds. |
Criminal Law and Procedure |
|
Aug. 4, 1999 | |
|
95-55798
|
Carlo v. City of Chino
Arrestee's state statutory right to post-booking telephone call creates liberty interest protected by due process. |
Civil Rights |
|
Aug. 4, 1999 | |
|
95-35898
|
Allstate Insurance v. Shelton
'Relative' in policy doesn't include child of cohabitant, not married to or relative of insured. |
Insurance |
|
Aug. 4, 1999 | |
|
96-30079
|
U.S. v. LaFromboise
No double jeopardy in consecutive sentences for carrying firearm during drug crime and possessing unregistered firearm. |
Criminal Law and Procedure |
|
Aug. 4, 1999 |