| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
96-71121
|
Aguilera-Medina v. INS
Departure and return to United States by lawful temporary resident under agricultural workers program isn't 'entry.' |
Immigration |
|
Jun. 7, 1999 | |
|
97-50048
|
U.S. v. Toothman
Defendant is permitted to withdraw guilty plea when sentenced to felony after pleading to misdemeanor. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
96-15734
|
Fireman's Fund Insurance Co. v. Cho Yang Shipping Co. Ltd.
No in rem proceedings in foreign courts doesn't bar enforcing forum-selection clause in overseas shipping contract. |
Maritime Law |
|
Jun. 7, 1999 | |
|
97-10116
|
U.S. v. Terrence
Compact of Free Association doesn't immunize Palauans from prosecution for illegal U.S. reentry after deportation. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
G016416
|
Dynamic Concepts Inc. v. Truck Insurance Exchange
Insurer isn't responsible for settlement where insured excluded insurer-appointed defense counsel from settlement negotiations. |
Insurance |
|
Jun. 7, 1999 | |
|
C023360 and C023368
|
Professional Engineers in California Government v. Wilson
Use of funds from State Highway Account as reimbursement for rail bond payments is proper. |
Government |
|
Jun. 7, 1999 | |
|
G017070
|
Barrett v. Dawson
Amendment to statute declaring restrictive covenants void is applied retroactively. |
Real Property |
|
Jun. 7, 1999 | |
|
B116550
|
People v. Aguilar
Denial of motion to dismiss for violation of speedy trial right isn't appealable after guilty plea. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
B114349
|
Wooden v. Raveling
Outrageous conduct isn't a component of non-bystander negligent infliction of emotional distress claim. |
Torts |
|
Jun. 7, 1999 | |
|
B112055
|
People v. Fields
Testimony regarding number on defendant's pager isn't impermissible hearsay evidence. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
B116680
|
Trancas Property Owners Association v. City of Malibu
Development permit requiring project commencement by certain date, doesn't require actual construction to avoid permit's expiration. |
Environmental Law |
|
Jun. 7, 1999 | |
|
D025295
|
Lenane v. Continental Maritime of San Diego Inc.
Tort action under Labor Code isn't barred by Longshore and Harbor Workers' Compensation Act's remedy provision. |
Workers' Compensation |
|
Jun. 7, 1999 | |
|
A076840
|
Petrini v. Mohasco Corporation
Corporation is successor in interest to company liable for asbestos-related death. |
Torts |
|
Jun. 7, 1999 | |
|
B105915
|
Cooper v. Mountains Recreation and Conservation Authority (Canyon Oaks Estates)
Joint public entity doesn't exceed its power under joint powers agreement. |
Government |
|
Jun. 7, 1999 | |
|
B094380
|
City of Hawaiian Gardens v. City of Long Beach
City cannot close street at border with another city when significant negative impact may result. |
Government |
|
Jun. 7, 1999 | |
|
97-372
|
U.S. v. United States Shoe Corp.
Ad valorem Harbor Maintenance Tax violates export clause as applied to exports. |
Taxation |
|
Jun. 7, 1999 | |
|
B107691
|
Fuller v. Bethany Apostolic Church
Negligent and intentional spoliation of evidence claims are dismissed for not filing within statute of limitations. |
Torts |
|
Jun. 7, 1999 | |
|
D024869
|
Leon v. Family Fitness Center (#107) Inc.
Purported release isn't sufficiently copious nor unambiguous to insulate fitness company from liability for patron's injuries. |
Torts |
|
Jun. 7, 1999 | |
|
A075845
|
People v. Haynes
Evidence supports finding defendant aided and abetted robbery occurring in two incidents of continuing nature. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
97-55520
|
Burbank-Glendale-Pasadena Airport Authority v. City of Burbank
Joint powers agency created under state law lacks standing to assert federal pre-emption of state statute. |
Government |
|
Jun. 7, 1999 | |
|
B107630
|
Rodney F. v. Karen M.
Presumption that cohabiting husband is father of child doesn't violate biological father's due process rights. |
Family Law |
|
Jun. 7, 1999 | |
|
A074730
|
People v. Brodit
Admission of child abuse victim's hearsay statements pursuant to statute doesn't violate due process. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
D024462
|
Monreal v. Tobin
Driver traveling at posted speed isn't comparatively liable for accident caused by speeding vehicle. |
Torts |
|
Jun. 7, 1999 | |
|
96-16014
|
Image Technical Service Inc. v. Eastman Kodak Co.
Antitrust violator isn't required to pay fees to plaintiff for law firm that is disqualified. |
Antitrust |
|
Jun. 7, 1999 | |
|
96-55532
|
Byrd v. Guess
In civil rights action, survivors of person killed by police must show representative capacity in complaint. |
Civil Rights |
|
Jun. 7, 1999 | |
|
96-35614
|
Gulliford v. Pierce County
Legally correct proposed jury instruction can serve as objection for purpose of appeal. |
Civil Procedure |
|
Jun. 7, 1999 | |
|
97-50238
|
U.S. v. Moore
Conviction based on conduct not illegal when defendant was arrested constitutes plain error |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
96-70904
|
Ordonez v. INS
In suspension of deportation application, evidence that alien faces certain death in homeland must be considered. |
Immigration |
|
Jun. 7, 1999 | |
|
97-10057
|
U.S. v. Shannon
'Deliberate ignorance' jury instruction is appropriate if evidence shows defendant's actual knowledge letter contained threat. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
94-35805
|
Rohde v. City of Roseburg
Police report that vehicle is stolen supports probable cause to arrest driver but not passenger. |
Civil Rights |
|
Jun. 7, 1999 |