| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S051966
|
Bunch v. Coachella Valley Water
Public entity isn't liable for flood damage resulting from failed flood control facilities reasonably maintained. |
Real Property |
|
Jun. 26, 1999 | |
|
96-1016
|
Bankruptcy of Joseph
U.S. Trustee can bring dismissal motion on a referral from panel trustee. |
Bankruptcy |
|
Jun. 26, 1999 | |
|
94-2138
|
Bankruptcy of Goscicki
Order remanding creditor's fraud action to state court doesn't vitiate responsibility to file dischargeability complaint. |
Bankruptcy |
|
Jun. 26, 1999 | |
|
96-1568
|
Bankruptcy of Pena
Debtor isn't required to show extraordinary circumstances exist that preclude improved financial status in future. |
Bankruptcy |
|
Jun. 26, 1999 | |
|
95-1428
|
Bankruptcy of Manriquez
Forbearance agreement may not be retroactively applied after seven years to recover student loan. |
Bankruptcy |
|
Jun. 26, 1999 | |
|
96-6133
|
Bracy v. Gramley
Evidence judge was bribed in other cases provides justification to grant discovery in judicial bias claim. |
Criminal Law and Procedure |
|
Jun. 26, 1999 | |
|
96-292
|
Johnson v. Fankell
Government officials do not have federal right to interlocutory appeal from denial of qualified immunity. |
Employment Law |
|
Jun. 26, 1999 | |
|
A074044
|
Dustin R., a minor
Mother's failure to meet goals of reunification plan supports order for long-term foster care. |
Juveniles |
|
Jun. 26, 1999 | |
|
A075350
|
Lynch v. San Francisco Housing Authority
Court's conclusion housing agency is arm of state, not subject to liability, is premature on demurrer. |
Employment Law |
|
Jun. 26, 1999 | |
|
G019824
|
Sylvia R., a Minor
Dismissal of father's spousal abuse charges doesn't warrant hearing to 'undo' termination of reunification services. |
Juveniles |
|
Jun. 26, 1999 | |
|
B100127, B098159 and B104258
|
People v. Tate
Submitting false document showing defendant's completion of probationary conditions supports conviction for filing false instrument. |
Criminal Law and Procedure |
|
Jun. 26, 1999 | |
|
B101317
|
Newman v. Union Oil Company of California
Recording driver's license numbers on pre-printed credit card forms is prohibited except in limited circumstances. |
Banking |
|
Jun. 26, 1999 | |
|
95-15090
|
Nidds v. Schindler Elevator Corp.
Employer's showing of sufficient evidence to warrant layoff permits summary judgment in wrongful termination action. |
Employment Law |
|
Jun. 26, 1999 | |
|
96-15495
|
Catholic Social Services Inc. v. Reno
Retroactive amendment to Immigration Reform Act limiting judicial review bars pending challenge to amnesty program. |
Immigration |
|
Jun. 26, 1999 | |
|
95-17435
|
Moore v. Glickman
Discharged federal employee's statutory right to judicial review under Administrative Procedure Act bars 'Bivens' action. |
Employment Law |
|
Jun. 26, 1999 | |
|
95-70920
|
Delk v. Commissioner of Internal Revenue
Shareholders have loss for stock cancellation when new, reorganization shares are based on capital contribution. |
Taxation |
|
Jun. 26, 1999 | |
|
96-10008
|
U.S. v. Wofford
Felon-in-possession doesn't have justification defense if last threat was five months before charged conduct. |
Criminal Law and Procedure |
|
Jun. 26, 1999 | |
|
96-30010
|
U.S. v. Longoria
Defendant admitting facts supporting guilty plea doesn't satisfy requirement to advise of offense's elements. |
Criminal Law and Procedure |
|
Jun. 26, 1999 | |
|
96-35773
|
Western Radio Services Co. Inc. v. Glickman
Government needn't conduct joint consideration of multiple permit applications for telecommunications facility on single site. |
Administrative Agencies |
|
Jun. 26, 1999 | |
|
95-56578
|
Dearborn v. Mar Ship Operations Inc.
Contract operator's control over chartered public vessel's operation doesn't alter status as agent of United States. |
Maritime Law |
|
Jun. 26, 1999 | |
|
B092041
|
Powers v. Dickson, Carlson & Campillo
Arbitration provisions of retainer agreement are enforceable and applicable to legal malpractice action. |
Attorneys |
|
Jun. 26, 1999 | |
|
C022697
|
People v. Milton
Resentencing is required when record is silent on whether judge exercised discretion to strike prior convictions. |
Criminal Law and Procedure |
|
Jun. 26, 1999 | |
|
B100999
|
Schumacher v. Worcester
Time to file bond foreclosure complaint is extended for length of debtor's bankruptcy. |
Real Property |
|
Jun. 26, 1999 | |
|
G016361
|
Tietge v. Western Province of the Servites Inc.
Statute retroactively amending statute of limitations revives adults' suit against priest for molestations occurring during childhood. |
Torts |
|
Jun. 26, 1999 | |
|
F024895
|
People v. Trevino
No group bias if peremptory challenges are not based solely on group association. |
Criminal Law and Procedure |
|
Jun. 26, 1999 | |
|
95-36162
|
V-1 Oil Co. v. Smith
Federal inspector has qualified immunity for seizing a railroad tank car violating hazardous materials regulations. |
Government |
|
Jun. 26, 1999 | |
|
95-10291
|
U.S. v. Zelaya
Sentence enhancement for accomplice's death threat during robbery requires finding threat was reasonably foreseeable. |
Criminal Law and Procedure |
|
Jun. 26, 1999 | |
|
96-55055
|
Johns v. County of San Diego
Non-attorney parent or guardian cannot bring action on behalf of minor child without retaining lawyer. |
Civil Procedure |
|
Jun. 26, 1999 | |
|
95-16689 and 95-16844
|
Beals v. Kiewit Pacific Co. Inc.
Labor Management Relations Act pre-empts breach claim of independent employment contract covered by collective bargaining agreement. |
Labor Law |
|
Jun. 26, 1999 | |
|
95-70395
|
Abdel-Razek v. INS
No judicial review of deportation for criminal offense despite order's failure to specifically reference statute. |
Immigration |
|
Jun. 26, 1999 |
For reprint rights or to purchase a copy of your Daily Journal photo, email Jeremy_Ellis@dailyjournal.com for prices or call 213-229-5424. To buy more copies, call 866-531-1492 or email subscribe@dailyjournal.com