| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B104323
|
Marriage of Fell
Impermissible waiver of mandatory exchange of declarations disclosing assets and liabilities requires setting aside dissolution. |
Family Law |
|
Jul. 1, 1999 | |
|
B106825
|
James v. WCAB
Employee's psychiatric injury is not compensable, despite employer's failure to reject claim within 90 days. |
Workers' Compensation |
|
Jul. 1, 1999 | |
|
D025504
|
People v. Kearns
Basis for necessity defense is risk of harm, not actual harm, caused by the illegal conduct. |
Criminal Law and Procedure |
|
Jul. 1, 1999 | |
|
B083162
|
Be v. Western Truck Exchange
Plaintiff cannot enter into good faith settlement with cross-defendant after verdict in main action. |
Civil Procedure |
|
Jul. 1, 1999 | |
|
D023509
|
Fujitsu Microelectronics Inc. v. Assessment Appeals Board of the County of San Diego
Failure to establish government applied improper depreciation rates on personal property results in no refund. |
Taxation |
|
Jul. 1, 1999 | |
|
B099308
|
People v. Roberts
Expert testimony of gang member's willingness to testify falsely for non-gang member is admissible. |
Criminal Law and Procedure |
|
Jul. 1, 1999 | |
|
A074260 and A075144
|
Division of Labor Standards Enforcement v. UI Video Stores Inc.
Division of Labor Standards Enforcement can retain undeliverable back-pay checks in unpaid wage fund. |
Labor Law |
|
Jul. 1, 1999 | |
|
D025961
|
Hoffmaster v. City of San Diego
City's amended housing element doesn't comply with statute requiring identification of sites for homeless emergency shelters. |
Government |
|
Jul. 1, 1999 | |
|
B096857
|
Studwell Inc. v. Korean Exchange Bank
Beneficiary's interest in executory letter of credit is not property of the beneficiary subject to attachment. |
Banking |
|
Jul. 1, 1999 | |
|
B089932
|
Shartzer v. Israels
Invasion of privacy occurs when criminal defense attorney reads and disseminates victim's mental health records. |
Torts |
|
Jul. 1, 1999 | |
|
96-10328
|
U.S. v. Nyemaster
Absent evidence of intoxication degree, car-camper's conviction for being under influence in national park fails. |
Criminal Law and Procedure |
|
Jul. 1, 1999 | |
|
95-70189
|
Eagle Marine Services v. Director, Office of Workers Compensation Programs
Injured longshoreman's receipt of holiday pay doesn't indicate wage-earning capacity for determining statutory disability benefits. |
Labor Law |
|
Jul. 1, 1999 | |
|
96-10345
|
U.S. v. Gaytan
Absent defendant's input, double jeopardy bars retrial after dismissal with prejudice for government's 'Brady' violation. |
Criminal Law and Procedure |
|
Jul. 1, 1999 | |
|
98-1393
|
Bankruptcy of The Leisure Corp.
A debtor is not prohibited, as a matter of law, from exercising a postpetition lease renewal due to postpetition lease defaults. |
Bankruptcy |
|
Jul. 1, 1999 | |
|
S060909
|
People v. Tillis
Prosecutor's failure to provide discovery regarding defense expert's arrest for drug use is harmless error. |
Criminal Law and Procedure |
|
Jul. 1, 1999 | |
|
S060707
|
People v. Valencia
Order |
|
Jul. 1, 1999 | ||
|
S060362
|
Lucas v. Swanson & Dowdall
Failure to show tort liability action based on plaintiff's malice precludes dismissal of malicious action. |
Torts |
|
Jul. 1, 1999 | |
|
S060473
|
People v. Castillo
Confession by defendant after threats to arrest wife isn't coerced and is admissible at trial. |
Criminal Law and Procedure |
|
Jul. 1, 1999 | |
|
96-8184
|
Daniel v. U.S.
Order |
|
Jul. 1, 1999 | ||
|
96-827
|
Crawford-El, Leonard v. Britton
Certiorari granted |
|
Jul. 1, 1999 | ||
|
96-1590
|
FEC v. Akins
Certiorari granted |
|
Jul. 1, 1999 | ||
|
S060927
|
Hubbard v. Ventura County Superior Court (People)
Defense isn't required to disclose statements obtained from prosecution witnesses to be used on. |
Criminal Law and Procedure |
|
Jul. 1, 1999 | |
|
96-667
|
U.S. v. Hyde
Certiorari granted |
|
Jul. 1, 1999 | ||
|
96-6867
|
O'Dell v. Netherland
New rule allowing jury instruction on parole ineligibility is inapplicable to disturb defendant's death sentence. |
Criminal Law and Procedure |
|
Jul. 1, 1999 | |
|
96-663
|
Klehr v. A. O. Smith Corp.
'Last predicate act' rule isn't appropriate interpretation of RICO. |
Civil Procedure |
|
Jul. 1, 1999 | |
|
B083586
|
Los Angeles County Office of the District Attorney v. Civil Service Commission of the County of Los Angeles (Walls)
Customary transfer of employee after serving for set period of time isn't a racially motivated act. |
Employment Law |
|
Jul. 1, 1999 | |
|
96-70076
|
Saipan Hotel Corp. v. NLRB
NLRB applies to resident and nonresident workers in Commonwealth of Northern Mariana Islands. |
Labor Law |
|
Jun. 30, 1999 | |
|
96-7901
|
Trest v. Cain
Court of appeals isn't required, sua sponte, to raise procedural default issue in state habeas proceeding. |
Criminal Law and Procedure |
|
Jun. 30, 1999 | |
|
95-1726
|
United States v. Labonte,
Order |
|
Jun. 30, 1999 | ||
|
96-1279
|
Rogers v. U.S.
Whether failure to instruct jury on offense element is harmless is dismissed as improvidently granted. |
Criminal Law and Procedure |
|
Jun. 30, 1999 |