| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C033472
|
Renee S. v. Superior Court (Department of Health and Human Services)
Juvenile court may be compelled to conduct jurisdiction hearing in dependency proceedings on consecutive court days until conclusion of proceedings. |
Juveniles |
|
Dec. 30, 1999 | |
|
98-35526
|
U.S. v. Valdez
One-year limitations period, for statute allowing habeas review based on newly recognized right, runs from date new right becomes retroactive. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
98-50082
|
U.S v. Cordoba
District court's refusal to admit results of unstipulated polygraph examination, pursuant to the Federal Rules of Evidence, isn't an abuse of discretion. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
D031878
|
People v. Ewing
'Harass,' as used in stalking statute, is not unconstitutionally vague. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
S072486
|
People v. Tufunga
'Claim of right' defense is no longer available as defense to robberies perpetrated to satisfy, settle or collect on a debt. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
97-71182
|
Briseno v. INS
Court of Appeals lacks jurisdiction over petitions filed by aliens who are deportable because they committed an aggravated felony. |
Immigration |
|
Dec. 30, 1999 | |
|
98-35900
|
Rivera v. Pugh
Double jeopardy isn't violated when defendant is prosecuted for refusing to take blood-alcohol test after driver's license revoked for same refusal. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
C030332
|
People v. Chong
Due to many instances of unprofessional conduct, it's proper to admonish attorney in jury's presence, rather than excusing jury. |
Attorneys |
|
Dec. 30, 1999 | |
|
B126368
|
Larkin v. Williams, Woolley, Cogswell, Nakazawa & Russell
Partnership agreement's arbitration clause, requiring arbitration of any claim arising out of the partnership agreement, encompasses claim for dissolution of partnership. |
Contracts |
|
Dec. 30, 1999 | |
|
A084918
|
Local 21, International Federation of Professional And Technical Engineers, AFL-CIO v. City and County of San Francisco
Retired city employees aren't entitled to same city-funded dental benefits given to active city employees pursuant to their collective bargaining agreement. |
Labor Law |
|
Dec. 30, 1999 | |
|
B127891
|
People v. Vichroy
Jury instruction permitting jury to consider defendant's prior sex offenses as evidence of propensity to commit the charged offense violates due process. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
98-4153
|
U.S. v. Salvador-Rodriguez
Order |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
97-55692, 97-56236, and 98-55407
|
Royal Insurance Co. of America v. Southwest Marine
Exculpatory clause in maritime contract can't shield party from liability for gross negligence. |
Contracts |
|
Dec. 30, 1999 | |
|
98-50171
|
U.S. v. Gantt
Officers must present complete copy of search warrant to person present at property to be searched. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
E024120
|
Durdines v. Superior Court (People)
When defendant claims ineffective assistance of counsel, attorney need not explain his behavior before the issuance of writ of habeas corpus. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
E023610
|
Foster v. Reed
Duress defense isn't applicable in an administrative proceeding when reviewing the suspension of a teenager's driver's license. |
Administrative Agencies |
|
Dec. 30, 1999 | |
|
C027158
|
Union Safe Deposit Bank v. Floyd
Failure by creditor to strictly comply with notice requirements of the Commercial Code and misstatement of rights to debtor bars deficiency judgment. |
Business Law |
|
Dec. 30, 1999 | |
|
A081330
|
Deschene v. Pinole Point Steel Co.
Grant of summary judgment to employer on employee's wrongful termination and discrimination claims are improper where material issues of dispute exist. |
Employment Law |
|
Dec. 30, 1999 | |
|
S068840
|
People v. Zermeno
Assault by gang member, and aiding by fellow gang member, is only single offense for Street Terrorism Enforcement and Prevention Act purposes. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
D031953
|
People v. Balestra
Consent to warrantless searches is a reasonable term of probation for an elder-abuse conviction. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
B127817
|
Johnson v. Kotyck
Beneficiary of revocable trust isn't entitled to trust accounting, despite infirmity and conservatorship of trustor. |
Probate and Trusts |
|
Dec. 30, 1999 | |
|
B127891
|
People v. Vichroy
Jury instruction permitting jury to consider defendant's prior sex offenses as evidence of propensity to commit the charged offense violates due process. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
B130556
|
Mylan Laboratories Inc. v. Soon-Shiong
Intervention by nonparty holder of attorney-client privilege isn't necessary to assert the privilege, nor does the privilege require intervention. |
Civil Procedure |
|
Dec. 30, 1999 | |
|
B121020
|
Midiman v. Farmers Insurance Co.
In copyright infringement case, insured isn't entitled to independent counsel to defend suit, nor entitled to presumption that underlying claims are legitimate. |
Insurance |
|
Dec. 30, 1999 | |
|
98-55219
|
Honey v. Distelrath
Postdeprivation state tort remedies don't bar public employee's wrongful discharge action when employer has power to effect deprivation. |
Employment Law |
|
Dec. 30, 1999 | |
|
98-70162
|
Konstantinova v. INS
Board of Immigration Appeals may waive procedural errors when circumstances warrant. |
Immigration |
|
Dec. 30, 1999 | |
|
C030209
|
Marriage of Dacumos
Imputing rental income based on fair market rental value of property in determining child support payments isn't abuse of discretion. |
Family Law |
|
Dec. 30, 1999 | |
|
C028525
|
Pulaski v. California Occupational Safety and Health Standards Board
Occupational Safety and Health Board's regulations regarding repetitive motion injuries are mostly valid. |
Administrative Agencies |
|
Dec. 30, 1999 | |
|
96-16021
|
Owens Valley Indian Housing Authority v. Turner
Order |
|
Dec. 30, 1999 | ||
|
97-36091
|
Oliver v. Sealaska Corp.
Alaska Native Claims Settlement Act does not create independent cause of action for individual or class to enforce statute's revenue-sharing requirements. |
Native American Affairs |
|
Dec. 30, 1999 |