| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
97-1493, 97-1494 and 97-1616
|
Bankruptcy of Sale Guaranty Corporation
Trustee can not use strong-arm powers to access property held in trust as part of a tax-deferred exchange. |
Bankruptcy |
|
May 11, 1999 | |
|
B105545
|
Los Carneros Community Associates Inc. v. Penfield & Smith Engineers Inc.
Defendants can't use Strategic Lawsuit Against Public Participation statute to avoid potential breach of contract liability. |
Constitutional Law |
|
May 11, 1999 | |
|
A068499
|
Weeks v. Baker & McKenzie
Employers needn't fire harassers, but must take reasonable steps to prevent harassment. |
Employment Law |
|
May 11, 1999 | |
|
96-56208
|
Martinez v. Gomez
Limitations period on civil rights claim is tolled for prisoner serving life with possibility of parole. |
Prisoners Rights |
|
May 11, 1999 | |
|
97-10238
|
U.S. v. Sanchez-Rodriguez
Order |
|
May 11, 1999 | ||
|
B108008
|
Spencer v. Sterling Bank
Check indorsed with payee's signature and 'for deposit only' may be deposited to any person's account. |
Banking |
|
May 11, 1999 | |
|
97-55123
|
United National Insurance Co. v. R & D Latex Corp.
District court must articulate reasons for exercising discretionary jurisdiction in declaratory judgment action. |
Civil Procedure |
|
May 11, 1999 | |
|
97-55199
|
Steckman v. Hart Brewing Inc.
Securities registrant must disclose only known adverse trends from which material impact is reasonably expected. |
Securities |
|
May 11, 1999 | |
|
S068659
|
People v. Gray
Arming enhancement applies even where gun and drugs are located in two different structures. |
Criminal Law and Procedure |
|
May 11, 1999 | |
|
S068330
|
Andreini v. San Mateo County Superior Court (Maurilio Solorio)
Homeowners can be sued by employee of uninsured independent contractor injured while working on home. |
Torts |
|
May 11, 1999 | |
|
S068755
|
People v. Andres
Review granted |
|
May 11, 1999 | ||
|
95-35161
|
Canell v. Lightner
Correctional officer's evangelizing doesn't violate establishment clause or interfere with inmate's free exercise. |
Prisoners Rights |
|
May 11, 1999 | |
|
S059847
|
Landgate Inc. v. California Coastal Commission
Permit delay resulting from agency's mistaken assertion of jurisdiction isn't a 'temporary taking' requiring compensation. |
Real Property |
|
May 11, 1999 | |
|
S077194
|
People v. Orange County Superior Court (Donelson)
Petition for commitment as a Sexually Violent Predator wasn't invalid when filed while 'hold' on defendant's release. |
Criminal Law and Procedure |
|
May 11, 1999 | |
|
S077391
|
Solano v. Abrenica
Duty owed where tennis player no longer participating in tennis activity struck by ball. |
Torts |
|
May 11, 1999 | |
|
98-0277
|
Hospital Corp. of Northwest Inc. v. Arizona Dept. of Health Services
Paramedics can administer medication in the field, but can't do so in a hospital even if supervised by a physician. |
Administrative Agencies |
|
May 11, 1999 | |
|
97-1230
|
City of West Covina v. Perkins
When state seizes property pursuant to a warrant, due process doesn't require notice of how to get seized item back. |
Criminal Law and Procedure |
|
May 11, 1999 | |
|
E020993
|
People v. Ward
Special admissibility rule for scientific evidence doesn't apply to expert medical testimony in sexually violent predator proceedings. |
Criminal Law and Procedure |
|
May 11, 1999 | |
|
S058806
|
People v. Hicks
Order |
|
May 11, 1999 | ||
|
S076308
|
Public Defender v. San Bernardino County Superior Court
Review granted |
|
May 11, 1999 | ||
|
S077351
|
Drain v. Betz Laboratories, Inc.
Order |
|
May 11, 1999 | ||
|
97-0579
|
Harvest v. Craig
Doctor isn't entitled 'clear and convincing' standard of proof in medical malpractice action when facts support 'preponderance of evidence' standard of proof. |
Torts |
|
May 11, 1999 | |
|
98-0318
|
State v. Hickman
Unless alleged prior conviction is proven as required by statute, defendant's sentence must be reversed. |
Criminal Law and Procedure |
|
May 11, 1999 | |
|
B110474
|
People v. Loot
Presumption of prejudice arising from juror's discussion of prosecutor's personal life during trial is rebutted. |
Criminal Law and Procedure |
|
May 10, 1999 | |
|
H017254
|
California Faculty Association v. Superior Court (Board of Trustees of the California State University)
Arbitrator's ruling granting tenure to probationary faculty member exceeds authority and is vacated. |
Education |
|
May 10, 1999 | |
|
D029949
|
KNSD Channels 7/39 v. Superior Court (Vasquez)
Audiotape evidence presented in open court must be made reasonably available to press and public. |
Constitutional Law |
|
May 10, 1999 | |
|
95-O-15585
|
Respondent Y. v. State Bar
Attorney is required to report sanctions order notwithstanding pending appeal. |
Attorneys |
|
May 10, 1999 | |
|
97-35339
|
Idaho Sporting Congress v. Thomas
Forest Service must provide data showing proposed timber sale will not result in significant environmental impact. |
Environmental Law |
|
May 10, 1999 | |
|
95-16046
|
Oona R.S. v. McCaffrey
School officials may be liable for failing to stop harassment because asserted right was clearly established. |
Civil Rights |
|
May 10, 1999 | |
|
97-1148
|
Bankruptcy of Beguelin
Creditor entitled to interest from Chapter 13 petition date to beyond plan effective date at federal judgment rate. |
Bankruptcy |
|
May 10, 1999 |