| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
97-16567
|
Legal Aid Society of Hawaii v. Legal Services Corporation
Government may require funded legal service organizations to separate from political advocacy organizations. |
Constitutional Law |
|
May 6, 1999 | |
|
B117274
|
Ventura County Flood Control District v. Campbell
In determining just compensation for property in eminent domain action, court must look at value of both above and below ground uses. |
Real Property |
|
May 6, 1999 | |
|
97-17019
|
Romano v. Bible
State officials can't be liable for disciplinary revocation of a gaming license because of absolute immunity. |
Government |
|
May 6, 1999 | |
|
98-50035 and 98-50051
|
U.S. v. Guassac
Mesa Grande Band of Mission Indians tribe is 'tribal organization' under criminal statute. |
Native American Affairs |
|
May 6, 1999 | |
|
98-50326
|
U.S. v. Amlani
Attorney-Client privilege implicitly waived when fairness requires disclosure of the protected communication. |
Criminal Law and Procedure |
|
May 6, 1999 | |
|
98-15195
|
Bankruptcy of Paul Clayton Jess
Debtor's entitlement to contingent fee payment attributable to prepetition work is part of bankruptcy estate. |
Bankruptcy |
|
May 6, 1999 | |
|
96-30081
|
U.S. v. James
Exclusion of corroboration evidence necessary to establish defendant's credibility is prejudicial error. |
Criminal Law and Procedure |
|
May 6, 1999 | |
|
98-70929
|
National Labor Relations Board v. Ironworkers Local 433
Enforcement of prospective non-compliance fines for violation of consent decree doesn't trigger criminal procedural safeguards. |
Labor Law |
|
May 6, 1999 | |
|
B119278
|
Gonzalez v. Hughes Aircraft Employees Federal Credit Union
Form agreement requiring employees to submit to binding arbitration to resolve employment disputes is unenforceable where employer has unlimited judicial redress. |
Civil Procedure |
|
May 6, 1999 | |
|
F026588
|
Guzman v. Visalia Community Bank
Criticism of an offer is part of the negotiating process under Code of Civil Procedure Section 998, and therefore doesn't constitute a rejection of that offer. |
Civil Procedure |
|
May 6, 1999 | |
|
b120358
|
Sipple v. Foundation for National Progress
Anti-Strategic Lawsuit Against Public Participation statute protects magazine against defamation claim by public figure featured in article alleging domestic violence. |
Torts |
|
May 6, 1999 | |
|
B115217
|
Campbell v. Alger
Public entity's involuntary taking by condemnation doesn't trigger private contractual right of first refusal. |
Real Property |
|
May 6, 1999 | |
|
S064345
|
People v. Martinez
Asportation requirement of 'substantial' movement in simple kidnapping is applied to separate offense of kidnapping a person under the age of 14. |
Criminal Law and Procedure |
|
May 6, 1999 | |
|
B107706
|
McDonald v. Southern Pacific Transportation Co.
Jury discussing evidence not presented at trial during deliberations constitutes jury misconduct requiring new trial. |
Torts |
|
May 6, 1999 | |
|
C023551 and C024936
|
People v. Neely
References to defendant's case that newly elected district attorney makes during campaigning doesn't warrant recusal of prosecutor's office. |
Criminal Law and Procedure |
|
May 6, 1999 | |
|
B118385
|
Shaolian v. Safeco Insurance Company
Obligation to pay third-party claimant medical or funeral expenses under homeowners insurance policy is conditioned on insureds' being found at fault. |
Insurance |
|
May 6, 1999 | |
|
C029415
|
People v. Shear
Defendant's Arizona felony conviction offense need not be a felony in California to convict him as a felon in possession of firearm. |
Criminal Law and Procedure |
|
May 6, 1999 | |
|
B124376
|
TMS Inc. v. Aihara
Appeal from judgment may be dismissed when judgment debtor willfully fails to comply with court order. |
Civil Procedure |
|
May 6, 1999 | |
|
G021199
|
Brown v. Brown
Where mother properly moves child out of the country, father's order to show cause for change of custody must be dismissed. |
Family Law |
|
May 6, 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 6, 1999 | |
|
F031975
|
Fresno County Department of Social Services v. Leanne W.
Kinship adoption statute doesn't require that notice be given to birth parents regarding the availability of kinship adoption agreement. |
Family Law |
|
May 6, 1999 | |
|
E021361
|
San Bernardino Valley Audubon Society v. Metropolitan Water District of Southern California (Riverside County Habitat Conservation Agency)
Mitigated negative declaration insufficient, and environmental impact report required, where project's impact on environment is significant. |
Environmental Law |
|
May 6, 1999 | |
|
E021166
|
People v. Hernandez
Statements admitted under 'firmly rooted' exception to hearsay rule don't violate confrontation or due process rights. |
Criminal Law and Procedure |
|
May 6, 1999 | |
|
B126145 and B121785
|
VPS Management, Inc. v. Pacific Rim Assurance Company
No private right of action exists for alleged violations of reporting requirements for workers' compensation insurance. |
Workers' Compensation |
|
May 6, 1999 | |
|
A082347
|
People v. Trotter
Corroboration requirement in perjury statute focuses on the 'falsity' of the statement, not the 'identity' of the perjurer. |
Criminal Law and Procedure |
|
May 6, 1999 | |
|
A082242
|
Williams v. San Francisco Board of Permit Appeals
Attorney fees for private enforcement of public rights allowed when there's significant benefit to community at large. |
Civil Procedure |
|
May 6, 1999 | |
|
G025005
|
Gwartz v. Superior Court (Richman)
Trial courts are required to hold oral argument before deciding summary judgment motion. |
Civil Procedure |
|
May 6, 1999 | |
|
97-2380
|
Gonzales v. Hernandez
Retaliation claim is not barred by prior state court judgment. |
Employment Law |
|
May 6, 1999 | |
|
97-9022
|
Burke v. Commissioner of Internal Revenue
Order |
Taxation |
|
May 6, 1999 | |
|
98-2115
|
Skaar v. Albuquerque Public Schools
Order |
Civil Procedure |
|
May 6, 1999 |