| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
98-50203
|
U.S. v. Jin Han Kim
To support an aiding and abetting conviction, jury isn't required to unanimously agree on which act was the basis for criminal liability. |
Criminal Law and Procedure |
|
Feb. 4, 2000 | |
|
98-10241, 98-10242, 98-10254, 98-10250, and 98-10261
|
U. S. v. Sarkisian
Although defendants in related stolen car parts scheme and extortion attempt were improperly joined, error is harmless. |
Criminal Law and Procedure |
|
Feb. 4, 2000 | |
|
98-16092
|
Del Bino v. Bailey (In re Bailey)
Where creditor did not have valid lien in settlement proceeds, debtor's use of the proceeds for his own purposes didn't constitute conversion. |
Bankruptcy |
|
Feb. 4, 2000 | |
|
C027948
|
County of Amador v. El Dorado County Water Agency
Environmental impact report is fundamentally flawed because it is predicated on a draft, unadopted general plan. |
Environmental Law |
|
Feb. 4, 2000 | |
|
98-35540
|
All Alaskan Seafoods Inc. v. Raychem Corp.
Manufacturer cannot be immunized from product liability solely by virtue of fortuitous transfer. |
Torts |
|
Feb. 4, 2000 | |
|
98-35610
|
Miles v. American Seafoods Co.
Release from liability for earlier injuries sustained on vessel, doesn't preclude same party from seeking 'maintenance and cure' for new injury. |
Maritime Law |
|
Feb. 4, 2000 | |
|
96-50493
|
U.S. v. Messer
Commencement of trial for conspiracy to commit money-laundering 21 months after being arraigned violates Speedy Trial Act. |
Criminal Law and Procedure |
|
Feb. 4, 2000 | |
|
98-16269
|
Catholic Social Services Inc. v. Immigration and Naturalization Service
Order |
|
Feb. 4, 2000 | ||
|
98-55301
|
Comedy III Productions Inc. v. New Line Cinema
Clip from 'The Three Stooges' film, later used in feature film, is not an enforceable trademark. |
Intellectual Property |
|
Feb. 4, 2000 | |
|
B118891
|
People v. Trevino
Sentence enhancement for prior-murder special circumstance is improper where prior murder conviction was received as juvenile. |
Criminal Law and Procedure |
|
Feb. 3, 2000 | |
|
F029039
|
People v. Rodriguez
Hearing to contest race-neutral preemptory challenge doesn't have to be conducted by original trial judge when reasons are objectively verifiable. |
Criminal Law and Procedure |
|
Feb. 3, 2000 | |
|
A082385/a083003
|
Qualls v. Lake Berryessa Enterprises Inc.
Mobilehome owner is licensee, not tenant, and can sue park owner under breach of contract theory. |
Contracts |
|
Feb. 3, 2000 | |
|
E022409
|
Kramer v. State Farm Ins. Co.
Policy covering injury arising from ownership, maintenance, or use of premises doesnt cover owners molestation of child on premises, obsent casual connection. |
Insurance |
|
Feb. 3, 2000 | |
|
A085391
|
Novak v. Low, Ball & Lynch
Insurer's counsel has duty to include insured's independent counsel in settlement negotiations and to fully exchange information. |
Insurance |
|
Feb. 3, 2000 | |
|
A083784
|
Wise v. Pacific Gas and Electric Co.
Primary jurisdiction doctrine is properly applied in action against utility company. |
Civil Procedure |
|
Feb. 3, 2000 | |
|
G021620
|
Jamestown Builders Inc. v. General Star Indemnity Co.
No-voluntary-payments provision precludes coverage for expenses voluntarily incurred by insured where insured fails to notify insurer before paying out settlement. |
Insurance |
|
Feb. 3, 2000 | |
|
B126411
|
Estate of Justesen
Unreasonable delay by personal representative and probate court as to decedent's will, doesn't defeat beneficiary's interest regarding entitlement distribution. |
Probate and Trusts |
|
Feb. 3, 2000 | |
|
B130285
|
Gonzales v. Southern California Edison Company
Liable party in wrongful death action may not avoid series of lawsuits by additional heirs when there is sufficient notice of potential claims. |
Torts |
|
Feb. 3, 2000 | |
|
B133074
|
Evens v. Superior Court (Los Angeles Unified School District)
Statutes and privacy laws don't prohibit schools from using unconsented video recordings of teacher in classroom for disciplinary actions. |
Government |
|
Feb. 3, 2000 | |
|
H019017
|
City of Palo Alto v. Service Employees International Union, Local 715
Reinstatement of employee, despite court injunction requiring employee to stay away from co-worker's place of employment, violates public policy. |
Employment Law |
|
Feb. 3, 2000 | |
|
G021627
|
People v. Anderson
In second degree murder charge, mother's failure to care for child after unassisted birth is not per se implied malice. |
Criminal Law and Procedure |
|
Feb. 3, 2000 | |
|
C030702
|
Hoechst Celanese Corp. v. Franchise Tax Board
Pension revension is not considered business income for purposes of the Uniform Division of Income for Tax Purposes Act. |
Corporations |
|
Feb. 3, 2000 | |
|
B127112
|
People v. Adan
Medical expert's testimony to establish that party falsified symptoms is not prohibited by the Penal Code in workers' compensation fraud proceeding. |
Criminal Law and Procedure |
|
Feb. 3, 2000 | |
|
B135605
|
Sporich v. Superior Court (People)
Sexually Violent Predator Act neither expressly nor impliedly requires sexually violent predator to undergo additional psychiatric interviews to make them current. |
Criminal Law and Procedure |
|
Feb. 3, 2000 | |
|
S062266
|
People v. Martinez
Uncertified computer printouts reporting felon's criminal history are admissible as evidence under official records exception to hearsay rule. |
Criminal Law and Procedure |
|
Feb. 3, 2000 | |
|
C028945
|
People v. Johnson
Evidence Code Section 1109, which allows evidence of prior domestic violence in prosecution of domestic violence charge, doesn't violate due process. |
Criminal Law and Procedure |
|
Feb. 3, 2000 | |
|
D031235
|
People v. Rhoden
Prosecution may withdraw from plea bargain at any time before defendant pleads guilty or otherwise relies on plea bargain to his detriment. |
Criminal Law and Procedure |
|
Feb. 3, 2000 | |
|
S021331
|
People v. Ervin
Court properly imposed death penalty when first degree murder conviction is accompanied by special circumstances finding of murder committed for financial gains. |
Criminal Law and Procedure |
|
Feb. 3, 2000 | |
|
B129519
|
Writers Guild of America West Inc. v. City of Los Angeles
To pursue relief and raise constitutionality of business tax ordinance, home-based writers must first make tax payment then sue for refund. |
Taxation |
|
Feb. 3, 2000 | |
|
H017023
|
People v. Williams
Trial court's failure to commence trial prior to statutory deadline doesn't preclude court from retaining jurisdiction of case. |
Criminal Law and Procedure |
|
Feb. 3, 2000 |