| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
95-R-16159
|
Salant v. State Bar
Reinstatement is recommended for attorney after 10 years of demonstrable rehabilitation. |
Attorneys |
|
May 2, 1999 | |
|
92-O-10612, 93-O-10686 and 94-O-15604
|
Moriarty v. State Bar
Disbarment recommended for attorney who commits repeated acts of deceit over six years. |
Attorneys |
|
May 2, 1999 | |
|
S077428
|
Glaxo Wellcome, Inc. v. State Board of Equalization
Order |
|
May 2, 1999 | ||
|
S076917
|
People v. Williams
Harmful error to admit evidence that defendant had entered, and then withdrawn, a guilty plea. |
Criminal Law and Procedure |
|
May 2, 1999 | |
|
S077314
|
Pellicano v. Martin
Order |
|
May 2, 1999 | ||
|
S076791
|
Muna v. Fresno County Superior Court
Order |
|
May 2, 1999 | ||
|
B128062
|
Armando D. v. Superior Court (Los Angeles County Dept. of Children and Family Services)
Family reunification services may be extended only if there is a substantial probability that minor will return to parent's custody within that time period. |
Family Law |
|
May 2, 1999 | |
|
98-5139
|
Lewis v. Apfel
Order |
Administrative Agencies |
|
May 2, 1999 | |
|
97-4207
|
LaFont v. Decker-Angel
Order |
Civil Procedure |
|
May 2, 1999 | |
|
98-6350
|
Campbell v. State of Oklahoma
Order |
Civil Rights |
|
May 2, 1999 | |
|
98-2207
|
Hansell v. LeMaster
Order |
Criminal Law and Procedure |
|
May 2, 1999 | |
|
98-2044
|
Lucero v. Shanks
Order |
Criminal Law and Procedure |
|
May 2, 1999 | |
|
98-5108
|
Thompson v. Apfel
Order |
Administrative Agencies |
|
May 2, 1999 | |
|
B125982
|
Singer v. Superior Court (Wilson)
Superior court can't transfer civil action to municipal court unless it determines award will 'necessary' be less than its jurisdictional requirement. |
Civil Procedure |
|
Apr. 29, 1999 | |
|
B119890
|
Bionghi v. Metropolitan Water District of Southern California
Extrinsic evidence is inadmissible to show that an integrated contract could only be terminated for good cause. |
Contracts |
|
Apr. 29, 1999 | |
|
97-99004 and 97-99005
|
Poland v. Stewart
Appellate counsel's failure to raise claim doesn't constitute 'cause' excusing procedural default. |
Criminal Law and Procedure |
|
Apr. 29, 1999 | |
|
96-3146
|
Prime Time Shuttle International Inc. v. California Public Utilities Commission
Retaliatory prosecution claim fails if claimant isn't the only similarly situated person prosecuted and there's no impermissible motive. |
Civil Rights |
|
Apr. 29, 1999 | |
|
97-16497
|
Partnership Exchange Securities Co. v. National Association of Securities Dealers Inc.
National Association of Securities Dealers is immune to trader's claims based on disciplinary actions against the trader. |
Securities |
|
Apr. 29, 1999 | |
|
97-36142
|
Morgan v. Commissioner of the Social Security Administration
Administrative law judge may reject doctors' testimony where it is inconstant and based on subjective complaints of individual. |
Administrative Agencies |
|
Apr. 29, 1999 | |
|
98-10027
|
U.S. v. Crawford
Party seeking offset under Victim Witness Protection Act must demonstrate insurance proceeds were for same loss. |
Criminal Law and Procedure |
|
Apr. 29, 1999 | |
|
98-20585
|
Enea v. Coldwell Banker/Del Monte Realty
Listing broker need not split commission with buyer's broker absent agreement. |
Bankruptcy |
|
Apr. 29, 1999 | |
|
97-17347
|
Estate of Etta Kee v. U.S.
Under Tort Claims Act, government liability is determined by factual, not legal, liability of immune employee. |
Government |
|
Apr. 29, 1999 | |
|
97-10331
|
U.S.A. v. Mussari
Order |
|
Apr. 29, 1999 | ||
|
97-56162
|
Delgado v. Lewis
Defendant denied right to effective counsel when appellate attorney files 'no merit' brief that fails to raise any arguable issues. |
Criminal Law and Procedure |
|
Apr. 29, 1999 | |
|
98-10095
|
U.S. v. Vences
District court's failure to state reasons for sentence doesn't render it 'illegal sentence' that is appealable, despite defendant's waiver of appeal right. |
Criminal Law and Procedure |
|
Apr. 29, 1999 | |
|
98-15281
|
Silva v. Rotkin
One year limitations period under Tort Claims Act applies to actions under federal civil rights statute. |
Torts |
|
Apr. 29, 1999 | |
|
97-99004
|
Poland v. Stewart
Appellate counsel's failure to raise claim doesn't constitute 'cause' excusing procedural default. |
Criminal Law and Procedure |
|
Apr. 29, 1999 | |
|
97-70772
|
Jerezano v. Immigration and Naturalization Service
Immigration judge's refusal to reopen or continue a hearing, after petitioner arrived late, violates due process. |
Immigration |
|
Apr. 29, 1999 | |
|
97-71184
|
Duhagon v. Metropolitan Stevedore Co.
Denial of permanent disability benefits properly based upon unequivocal physician's testimony despite statutory presumption of causation. |
Workers' Compensation |
|
Apr. 29, 1999 | |
|
98-55967
|
Cacique Inc. v. Robert Reiser & Co.
Reasonable royalty can only be recovered in trade secret suits when both actual damages and unjust enrichment can't be proven. |
Intellectual Property |
|
Apr. 29, 1999 |