| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
97-16880
|
Memmer v. Marin County Courts
Providing visually impaired party with an interpreter to assist in trial is sufficient reasonable accommodation under Americans with Disabilities Act. |
Civil Rights |
|
Apr. 29, 1999 | |
|
97-55610 and 97-56355
|
Warn v. M/Y Maridome
Foreign maritime law, rather than the Jones Act, applies where accident involving yacht flying British flag occurs in Grecian waters. |
Maritime Law |
|
Apr. 29, 1999 | |
|
97-17440 and 97-17442
|
California Democratic Party v. Jones
Ballot initiative opening state primary elections to all registered voters, regardless of party affiliation, doesn't violate parties' First Amendment association rights. |
Government |
|
Apr. 29, 1999 | |
|
96-1492
|
Natural Resources Defense Council Inc. v. Southwest Marine Inc.
Private citizens can seek civil monetary penalties for on-going violations of the Clean Water Act. |
Environmental Law |
|
Apr. 29, 1999 | |
|
97-2053
|
Lake Tahoe Watercraft v. Tahoe Regional Planning Agency
Congressional consent to bi-state compact is conscious effort by state participants to impose federal sanction on actions affecting important regional interests. |
Environmental Law |
|
Apr. 29, 1999 | |
|
97-1716
|
U.S. v. Santa Ynez Band of Chumash Mission
California is in compliance with Indian Gaming Regulatory Act obligations and Indian Tribes must cease all Class III gaming. |
Native American Affairs |
|
Apr. 29, 1999 | |
|
97-1935
|
Bankruptcy of Pederson
Debtor can't avoid judgment lien that attaches to homestead property upon acquisition of the property. |
Bankruptcy |
|
Apr. 29, 1999 | |
|
98-0018
|
WRS Motion Picture v. Post Modern Edit Inc.
Removal to federal court on diversity grounds requires remand under 'no-local-defendant' rule unless case has already proceeded to judgment on merits. |
Civil Procedure |
|
Apr. 29, 1999 | |
|
98-1086
|
Elsaas v. County of Placer
District court doesn't have jurisdiction over wrongful termination case brought by county employees where there is no diversity or pendent party jurisdiction. |
Civil Procedure |
|
Apr. 29, 1999 | |
|
97-1239
|
McGarry v. Board of County Commissioners of the County of Pitkin
Manager's characterization of hirings as 'affirmative action' shows reverse discrimination. |
Civil Rights |
|
Apr. 29, 1999 | |
|
98-6122
|
Dang v. Unum Life Insurance Company of America
Insurance contract needs forfeiture provision to deny claim outside notice period. |
Insurance |
|
Apr. 29, 1999 | |
|
98-2178
|
Powell v. United States Postal Service
Order |
Civil Rights |
|
Apr. 29, 1999 | |
|
99-6070
|
Brothers v. United States Parole Commission
Order |
Criminal Law and Procedure |
|
Apr. 29, 1999 | |
|
98-5242
|
Wilder v. United States of America
Order |
Prisoners Rights |
|
Apr. 29, 1999 | |
|
98-2151
|
Vasquez v. Lemaster
Order |
Criminal Law and Procedure |
|
Apr. 29, 1999 | |
|
98-0181
|
City of Sierra Vista v. Director, Arizona Department of Environmental Quality
When a legislative enactment amends a statute, but cannot be understood without reference to the earlier statute, then the enactment is unconstitutional. |
Government |
|
Apr. 29, 1999 | |
|
B117050
|
Teachers Insurance & Annuity Association v. Furlotti
For mandatory preliminary injunction to issue, petitioning party must demonstrate reasonable probability of prevailing on merits at trial. |
Real Property |
|
Apr. 28, 1999 | |
|
A081358
|
Basic Modular Facilities Inc. v. Ehsanipour
Plaintiff is entitled to recover actual amount owed on property under mechanics' lien statute. |
Real Property |
|
Apr. 28, 1999 | |
|
B121691
|
Justin C., a Minor
Dependency petition must be dismissed where first trial occurs two years and seven months after petition is filed. |
Juveniles |
|
Apr. 28, 1999 | |
|
A077974
|
People v. Kroncke
Requiring driver involved in injury accident to identify himself as the driver doesn't violate right against self-incrimination. |
Criminal Law and Procedure |
|
Apr. 28, 1999 | |
|
F029570
|
People v. Leng
Prior juvenile adjudication that isn't a serious or violent felony can't be used to impose second 'strike' sentence. |
Criminal Law and Procedure |
|
Apr. 28, 1999 | |
|
F029448
|
Bergeron v. Dept. of Health Services
California Department of Health Services doesn't violate due process by withholding Medi-Cal provider's fees without administrative hearing. |
Administrative Agencies |
|
Apr. 28, 1999 | |
|
G023271
|
Alexis W., a Minor
Parent petitioning for child custody modification must show changed circumstances and best interest of child. |
Juveniles |
|
Apr. 28, 1999 | |
|
H018530
|
People v. Superior Court (Howard)
Due process not violated when victim's hearsay statements are admitted at probable cause hearing. |
Criminal Law and Procedure |
|
Apr. 28, 1999 | |
|
G019479
|
Sy First Family Limited Partnership v. Cheung
Although stipulation uses the term 'reference' in its title, parties' conduct supports finding for arbitration. |
Civil Procedure |
|
Apr. 28, 1999 | |
|
D028873
|
Kinney v. United Healthcare Services Inc.
Arbitration clause unconscionable and unenforceable if it lacks mutuality and allows no opportunity for employee to negotiate terms. |
Employment Law |
|
Apr. 28, 1999 | |
|
G021750
|
Conroy v. Spitzer
Act forbidding strategic lawsuits against public participation bars defamation suit based on negative campaigning statements which has reliable basis. |
Torts |
|
Apr. 28, 1999 | |
|
B114773
|
A.M. Classic Construction Inc. v. Tri-Build Development Co.
Where essential question is inadvertently omitted during arbitration, arbitrator may amend award to resolve omitted question. |
Contracts |
|
Apr. 28, 1999 | |
|
B126581
|
Iraheta v. Superior Court (Los Angeles County District Attorney's Office)
Due process doesn't require appointment of counsel for Indigent defendants in nuisance abatement action for injunctive relief. |
Constitutional Law |
|
Apr. 28, 1999 | |
|
B114232
|
Fischer v. Los Angeles Unified School District
School board not required to give 24-hour written notice when evaluating performance of probationary teacher. |
Education |
|
Apr. 28, 1999 |