| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
94-50584
|
U.S. v. Klinger
Plain error review when defendant offers jury instruction without objecting to government's incorrect competing instruction. |
Criminal Law and Procedure |
|
Jun. 10, 1999 | |
|
95-30157
|
U.S. v. Bighead
Government expert can testify on general characteristics of abused children after interviewing many alleged victims. |
Criminal Law and Procedure |
|
Jun. 10, 1999 | |
|
E017944
|
City of San Bernardino Hotel/Motel Association v. City of San Bernardino
City of San Bernardino's transient occupancy tax ordinance is void for vagueness. |
Taxation |
|
Jun. 10, 1999 | |
|
E018551
|
Marriage of Plescia
Husband isn't required to pay spousal support arrears due to equitable doctrine of laches. |
Family Law |
|
Jun. 10, 1999 | |
|
A077286
|
Runnion v. WCAB
Appeals Board's sanctions order against attorney for failure to appear is correct, but contempt order is not. |
Workers' Compensation |
|
Jun. 10, 1999 | |
|
96-17140
|
NLRB v. The Bakersfield Californian
NLRB has statutory authority to issue investigative subpoenas to non-parties in unfair labor practices investigation. |
Labor Law |
|
Jun. 10, 1999 | |
|
D026400
|
Jerry M., a Minor
11-year-old isn't guilty of lewdly touching girls since intent to sexually arose not shown. |
Juveniles |
|
Jun. 10, 1999 | |
|
A068031
|
Garcia v. Hejmadi
Summary judgment isn't reconsidered without circumstances permitting vacation of original order. |
Civil Procedure |
|
Jun. 10, 1999 | |
|
A073882
|
Marques v. Bank of America
Employee's wrongful discharge claim based on unlawful discrimination is not pre-empted by National Bank Act. |
Employment Law |
|
Jun. 10, 1999 | |
|
C026561
|
West v. Superior Court (Lockrem))
Courts lack jurisdiction to entertain a non-parent's petition to establish parental rights to custody. |
Family Law |
|
Jun. 10, 1999 | |
|
B108201
|
Martin v. WCAB (Hughes Aircraft Co.)
Statements of independent witness employee don't become privileged simply because given in anticipation of litigation. |
Workers' Compensation |
|
Jun. 10, 1999 | |
|
B104478
|
Steele v. Jensen Instrument Co.
Employer is entitled to costs in pregnancy discrimination action when award doesn't exceed offer of compromise. |
Employment Law |
|
Jun. 10, 1999 | |
|
S048396
|
Bickel v. City of Piedmont
Permit Streamlining Act doesn't prohibit development project applicant from waiving time limits for agency decision. |
Real Property |
|
Jun. 10, 1999 | |
|
B114112
|
Scottsdale Insurance Co. v. Superior Court (Spyglass Homeowners Assoc.)
Party waives objection to production of documents under attorney-client privilege by not expressly stating it. |
Civil Procedure |
|
Jun. 10, 1999 | |
|
96-17016
|
Planned Parenthood of Southern Arizona v. Neely
Successful challengers of state abortion law cannot supplement complaint after judgment to attack amended statute. |
Civil Procedure |
|
Jun. 10, 1999 | |
|
C024295
|
Santa Margarita Water District v. Connell
Water districts aren't entitled to reimbursement for state-mandated costs due to their authority to levy fees. |
Government |
|
Jun. 10, 1999 | |
|
B102978
|
Mercury Casualty Co. v. Hertz Corp.
Rental car driver's insurance company is primary insurer over rental company in accident with third party. |
Insurance |
|
Jun. 10, 1999 | |
|
C023863
|
People v. Little
Defendant is entitled to new trial for government's failure to disclose material witness's felony conviction. |
Criminal Law and Procedure |
|
Jun. 10, 1999 | |
|
95-15533
|
Hyland v. Wonder
Amended opinion |
Employment Law |
|
Jun. 10, 1999 | |
|
A075825
|
People v. Hansen
Encouraging victim to play Russian roulette is sufficient to establish felony child endangerment. |
Criminal Law and Procedure |
|
Jun. 10, 1999 | |
|
F025922
|
People v. Griggs
Juvenile adjudication for residential burglary qualifies as strike under the three strikes law. |
Criminal Law and Procedure |
|
Jun. 10, 1999 | |
|
97-15864
|
Bates v. Jones
Order |
|
Jun. 10, 1999 | ||
|
B081544
|
California Coastal Commission v. Buckley
Coastal Commission loses jurisdiction over development of lot after placing it within single-family residence construction area. |
Administrative Agencies |
|
Jun. 10, 1999 | |
|
97-15914
|
Jones v. Bates
Lifetime term limits on service in state legislative offices are invalid due to inadequate ballot measure. |
Government |
|
Jun. 10, 1999 | |
|
96-30150
|
U.S. v. Stein
$6.3 million loss to victims doesn't substantially exceed $5 million level to justify upward sentencing departure. |
Criminal Law and Procedure |
|
Jun. 10, 1999 | |
|
93-50649, 94-50430, 94-50438, 94-50468, 94-50492, 94-50520 and 94-50649
|
U.S. v. Otis
Conspiracy to launder money isn't lesser included offense of aiding/abetting conspiracy to distribute. |
Criminal Law and Procedure |
|
Jun. 10, 1999 | |
|
93-70881
|
Saidane v. Immigration and Naturalization Service
Use of available witness's damaging affidavit instead of compelled testimony violates alien's right to fair hearing. |
Immigration |
|
Jun. 10, 1999 | |
|
94-50518
|
U.S. v. Cain
Defense attorney's subscription to joint jury instructions waives error of misdefinition of element of charged offense. |
Criminal Law and Procedure |
|
Jun. 10, 1999 | |
|
96-35868
|
Wood v. Hall
State parolee who fled while appeal pending cannot raise habeas claim absent cause and prejudice. |
Criminal Law and Procedure |
|
Jun. 10, 1999 | |
|
96-36138
|
Grisby v. Blodgett
Habeas petition cannot be denied based on evidence of bias by victim and improper sentencing scheme. |
Criminal Law and Procedure |
|
Jun. 10, 1999 |