| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
96-16653
|
Isreal v. Marshall
No due process violation by Corrections Department's failure to offer to pay for prisoner's transfer. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
96-35780, 96-35781, 96-35782, 96-35783 and 35784
|
Harris v. Roderick
'Special rules of engagement' based on federal agents' lies don't support qualified immunity for shooting suspect. |
Civil Rights |
|
Jun. 15, 1999 | |
|
95-56405
|
Industrial Truck Assoc. Inc. v. Henry
Occupational Safety and Health Act pre-empts California's toxic regulations for manufacturers not registered with federal agency. |
Environmental Law |
|
Jun. 15, 1999 | |
|
96-10312
|
U.S. v. Loyola-Dominguez
Trial court errs in failing to hold competency hearing for defendant who attempted suicide before trial. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
96-50492, 96-50494, 96-50495 and 96-50515
|
U.S. v. Baggett
Sentencing court must specify which restitution statute applies in sentencing order for telemarketing fraud conviction. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
A072255
|
Contra Costa Water District v. Vaquero Farms Inc.
Government can sever and reserve windpower rights to landowner after taking property by eminent domain. |
Real Property |
|
Jun. 15, 1999 | |
|
C021592
|
216 Sutter Bay Associates v. County of Sutter
Brown Act isn't violated by board of supervisors-members elect since law doesn't apply to them. |
Government |
|
Jun. 15, 1999 | |
|
A066778
|
Sullivan v. Delta Air Lines
Violation of the Alcohol and Drug Rehabilitation Act cannot support action for tortious wrongful termination. |
Employment Law |
|
Jun. 15, 1999 | |
|
C021946
|
Forty-Niner Truck Plaza Inc. v. Union Oil Co. of California
Statute governing gas station franchises isn't pre-empted by federal act when franchise sold to third party. |
Contracts |
|
Jun. 15, 1999 | |
|
B106035
|
People v. Crutcher
Defendant's contention of prejudice by prosecutor's dismissal of Hispanic jurors is rejected. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
D028122
|
Abdirahman S., A Minor
No error in failure to consider issue of informal adjudication if juvenile doesn't request it. |
Juveniles |
|
Jun. 15, 1999 | |
|
C024496
|
Sunrise Retirement Villa v. Placer County Assessor
Error in change of ownership determination is correctable at any time, not subject to statute of limitations. |
Taxation |
|
Jun. 15, 1999 | |
|
D023269
|
Zavala v. Arce
Mother, whose child died in utero, has damages claim against doctor for direct victim emotional distress. |
Torts |
|
Jun. 15, 1999 | |
|
C012464
|
People v. Smith
Negligence doesn't satisfy the mental state required for conviction of assault with a deadly weapon. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
B112941
|
Chong v. Superior Court (HBZ Finance Ltd.)
Local proceedings must be stayed absent evidence foreign courts will not provide due process. |
Civil Procedure |
|
Jun. 15, 1999 | |
|
b104261
|
People v. Fox
Garage attached to house is considered part of inhabited structure for purpose of defining burglary. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
B103769
|
Downs v. The Dept. of Water and Power of the City of Los Angeles
One-year statute of limitations is tolled during processing of charge by Equal Employment Opportunity Commission. |
Employment Law |
|
Jun. 15, 1999 | |
|
96-16255
|
Schultz v. PLM International Inc.
For standing, plaintiff must be participant in ERISA plan on filing date of lawsuit against plan's fiduciary. |
Labor Law |
|
Jun. 15, 1999 | |
|
96-35482
|
Boykin v. Boeing Co.
Additional compensation by hourly overtime pay doesn't defeat employee's exempt status under statutory salary-basis test. |
Labor Law |
|
Jun. 15, 1999 | |
|
96-55641
|
N/S Corp. v. Liberty Mutual Insurance Co.
Plaintiff's multiple breaches of appellate briefing rules warrants striking brief and dismissing appeal. |
Civil Procedure |
|
Jun. 15, 1999 | |
|
96-15690
|
Summers v. A. Teichert & Son Inc.
In failure to accommodate action, plaintiff must show request for acceptable assignment and employer's refusal. |
Employment Law |
|
Jun. 15, 1999 | |
|
96-16643
|
Jones v. United States
No liability for unplanned child when doctors fail to warn of antibiotics effect on birth control. |
Torts |
|
Jun. 15, 1999 | |
|
94-16248
|
Del Monte Dunes at Monterey v. City of Monterey
Order |
|
Jun. 15, 1999 | ||
|
96-15200
|
Bankruptcy of The Circle K. Corp.
Defaulting Chapter 11 debtor renews lease although lease provision bars defaulting lessee from doing so. |
Bankruptcy |
|
Jun. 15, 1999 | |
|
96-35766
|
State of Montana v. Gilham
Sovereign Immunity bars plaintiff's unconsented action against state in Indian tribal court. |
Torts |
|
Jun. 15, 1999 | |
|
97-1599
|
Bankruptcy of Gomes
Ability to pay percentage of unsecured debt under plan was grounds to dismiss Chapter 7 case. |
Bankruptcy |
|
Jun. 15, 1999 | |
|
97-1225
|
Bankruptcy of Sylvester
Portion of malpractice action proceeds was for 'personal injury' and exempt if necessary for support. |
Bankruptcy |
|
Jun. 15, 1999 | |
|
97-7096
|
Jones v. The Pep Boys Manny Moe & Jack of California
Single claim involving benefits in employment case isn't enough to trigger ERISA pre-emption. |
Employment Law |
|
Jun. 15, 1999 | |
|
B106519
|
Leonard v. People
Rerouting traffic by moving freeway off-ramp doesn't require compensation for loss of benefit. |
Real Property |
|
Jun. 15, 1999 | |
|
96-36058
|
U.S. v. Barron
Order |
|
Jun. 15, 1999 |