| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C026887
|
Bowers v. Superior Court of Nevada County (People)
All purpose assignment rule renders judicial challenge in superior court untimely. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
F027371
|
People v. Evans
Failure to give jury instructions on defendant's right to not testify is error. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
A076279
|
Milagra Ridge Partners Ltd. v. City of Pacifica
Claim fails under ripeness doctrine when zoning designations leave property use speculative. |
Real Property |
|
Jun. 4, 1999 | |
|
B110548
|
People v. Ruiz
Evidence of gang membership is admissible to prove bias if the prejudicial impact is minimal. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
B095859
|
RTC Mortgage Trust 1994-S2 v. Shlens
Exculpatory agreement is invalid when it isn't approved by bank directors or recorded. |
Banking |
|
Jun. 4, 1999 | |
|
B106317
|
Cairns v. County of Los Angeles
Public entity is liable for failure to provide fire protection facilities only when authorized by statute. |
Government |
|
Jun. 4, 1999 | |
|
B115527
|
Charles E. Thomas Co. v. Transamerica Insurance Group
Insurance company has duty to defend policyholder when any issue falls potentially within policy coverage. |
Insurance |
|
Jun. 4, 1999 | |
|
B119878
|
Block v. The Superior Court (Downey)
Good cause release orders for inmates can only be issued under exceptional circumstances. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
B116436
|
Banner Entertainment Inc. v. Superior Court (Alchemy Filmworks Inc.)
Arbitration agreements created by oral contract or past behavior must be evidenced to be enforced. |
Contracts |
|
Jun. 4, 1999 | |
|
B107226
|
Rinaldi Convalescent Hospital v. State Dept. of Health Services
Expenses of doctor-prescribed, medically necessary adult diapers are deducted from nursing facility's patients' costs. |
Government |
|
Jun. 4, 1999 | |
|
97-954
|
Hetzel v. Prince William County, Virginia
Judgment entered for lesser amount than determined by jury without allowing new trial violates Seventh Amendment. |
Civil Procedure |
|
Jun. 4, 1999 | |
|
H015917
|
People v. Bautista
Evidence of controlled substance use within specific time period preceding arrest isn't required in jury instruction. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
C009484
|
Kidd v. State of California
Disregarding test scores in hiring for affirmative action purposes contrary to California Constitution and statutes. |
Civil Rights |
|
Jun. 4, 1999 | |
|
S039161
|
Randall v. Orange County Council
Boy Scout's membership decisions are not subject to provisions of Unruh Civil Rights Act. |
Civil Rights |
|
Jun. 4, 1999 | |
|
D024940
|
National Medical Transportation Network v. Deloitte & Touche
Incorrect jury instruction on standard governing accountants' resignation from professional engagement is reversible error. |
Torts |
|
Jun. 4, 1999 | |
|
96-16723 and 96-16955
|
Tiano v. Dillard Department Stores Inc.
Prima facie religious discrimination case fails where temporal mandate for pilgrimage during holiday isn't established. |
Civil Rights |
|
Jun. 4, 1999 | |
|
97-16023
|
Pareto v. Federal Deposit Insurance
Only The Federal Deposit Insurance Corporation can bring derivative suits when receiver of a bank. |
Corporations |
|
Jun. 4, 1999 | |
|
96-10388
|
U.S. v. James
Defendant's absence at teleconference isn't prejudicial if no evidence exists that disputed facts were discussed. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
96-35996
|
Allen v. Hall
Order |
|
Jun. 4, 1999 | ||
|
96-1570
|
Nynex Corp. v. Discon, Inc.
Order |
|
Jun. 4, 1999 | ||
|
97-7597
|
Knowles v. Iowa
Order |
|
Jun. 4, 1999 | ||
|
96-50173 and 96-50258
|
U.S. v. Brinton
Quantity of methamphetamine is properly considered in sentencing for possession with intent to distribute narcotics. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
96-36286
|
Hoefler v. Babbitt
Interior Department isn't required to refer title dispute for public land mining claim to district court. |
Administrative Agencies |
|
Jun. 4, 1999 | |
|
95-15942
|
Williams v. Borg
Defendant's testimony can be stricken from record for refusal to answer questions on cross-examination. |
Criminal Law and Procedure |
|
Jun. 4, 1999 | |
|
96-17054 and 96-17055
|
Alexander v. Glickman
Vehicle subject to lien exceeding fair market value constitutes asset of family applying for food stamps. |
Government |
|
Jun. 4, 1999 | |
|
97-35267
|
United States v. $133,735.30 Seized from U.S. Bancorp Brokerage Account No. 32130630
Government sufficiently disgorges benefit derived from holding improperly seized funds by paying accrued interest. |
Civil Procedure |
|
Jun. 4, 1999 | |
|
S065021
|
Salgado v. County of Los Angeles
For future non-economic damages, jury is to assume award of future damages is present value. |
Torts |
|
Jun. 4, 1999 | |
|
97-70321
|
Briones v. INS
Government informer's fear of retaliation by homeland insurgents isn't grounds for asylum based on fear persecution. |
Immigration |
|
Jun. 4, 1999 | |
|
96-36294
|
Bankruptcy of White
Indian tribe waives sovereign immunity rights in member's bankruptcy by objecting to reorganization plan. |
Bankruptcy |
|
Jun. 4, 1999 | |
|
97-35025, 97-35088, 97-35089, 97-35113 and 97-35181 to 97-35186
|
Oregon Short Line Railroad Co. v. Dept. of Revenue Oregon
Railroad Revitalization Act is valid exercise of congressional power barring states from imposing discriminatory railroad taxes. |
Taxation |
|
Jun. 4, 1999 |