Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
96-0289
|
State v. Medina
Evidence of gang membership is not a mitigating circumstance for sentencing purposes. |
Criminal Law and Procedure |
|
Mar. 4, 1999 | |
G019461
|
Hollaway v. Edwards
Court rule stating when attorney fees must be requested doesn't bind probate court's discretion in awarding fees. |
Probate and Trusts |
|
Mar. 3, 1999 | |
G020575
|
People v. Bennett
Defendants aren't entitled to advance new theories for suppressing evidence at second preliminary hearings. |
Criminal Law and Procedure |
|
Mar. 3, 1999 | |
98-10027
|
U.S. v. Crawford
Party seeking offset under Victim Witness Protection Act must demonstrate insurance proceeds were for same loss. |
Criminal Law and Procedure |
|
Mar. 3, 1999 | |
H018030
|
Shelley J., minor
Rule allowing challenges to pleadings' sufficiency for first time on appeal doesn't apply to dependency actions. |
Family Law |
|
Mar. 3, 1999 | |
98-1184
|
Bankruptcy of Feiler
Prepetition election to carry-forward net operating losses on a federal tax return constitutes a fraudulent transfer. |
Bankruptcy |
|
Mar. 3, 1999 | |
98-4033
|
Raleigh v. Snowbird Corp.
Order |
Employment Law |
|
Mar. 3, 1999 | |
98-7037
|
Penn-White v. King
Order |
Criminal Law and Procedure |
|
Mar. 3, 1999 | |
98-3296
|
Harris v. Booker
Order |
Criminal Law and Procedure |
|
Mar. 3, 1999 | |
95-0160
|
State v. Fulminante
Hearsay statements reflecting victim's belief to establish defendant's future conduct are inadmissible. |
Criminal Law and Procedure |
|
Mar. 3, 1999 | |
98-1400
|
Bankruptcy of McCarthy
Failure to provide trial transcript of oral findings of fact and conclusions of law warrants affirmation on appeal. |
Bankruptcy |
|
Mar. 3, 1999 | |
98-3090
|
Persons v. Runyon
Order |
Civil Rights |
|
Mar. 3, 1999 | |
98-1468
|
Hirsch v. Secretary of the Army
Order |
Criminal Law and Procedure |
|
Mar. 3, 1999 | |
D030198
|
People v. Durant
Three strikes law requires consecutive sentences for crimes with different facts, committed on separate occasions. |
Criminal Law and Procedure |
|
Mar. 3, 1999 | |
C031025
|
Karen S. v. Superior Court (El Dorado County Department of Social Services)
Reunification services properly denied when parent continues to resist treatment for substance abuse. |
Juveniles |
|
Mar. 3, 1999 | |
B118114
|
Wollersheim v. Church of Scientology International et al.
In post-trial motion to add additional judgment debtor, burden of proof is 'by preponderance of the evidence', unless statute states otherwise. |
Civil Procedure |
|
Mar. 3, 1999 | |
98-1477
|
Bankruptcy of Ioane
Debtor cannot object to jurisdiction by bankruptcy appellate panel where the statement of election is untimely. |
Bankruptcy |
|
Mar. 2, 1999 | |
S063806
|
People v. Love
Order |
|
Mar. 2, 1999 | ||
S060450
|
People v. Evans
Order |
|
Mar. 2, 1999 | ||
S057709
|
People v. Senner
Order |
|
Mar. 2, 1999 | ||
S071060
|
People v. Thrash
Order |
|
Mar. 2, 1999 | ||
S059609
|
People v. St. John
Order |
|
Mar. 2, 1999 | ||
S073975
|
Preferred Risk Mutual Insurance Co. v. Reiswig
Review granted |
|
Mar. 2, 1999 | ||
98-4285
|
K-Lath v. Davis Wire Corporation
Fear of infringement without case in controversy doesn't support declaratory judgment action. |
Intellectual Property |
|
Mar. 2, 1999 | |
96-1920
|
Montero v. AGCO corp.
Sexual harassment claim fails when plaintiff waits two years to report conduct to management. |
Employment Law |
|
Mar. 2, 1999 | |
G018314
|
Sherman v. Kinetic Concepts, Inc.
Court has duty to impose sanctions and grant new trial when defendant intentionally hides evidence. |
Torts |
|
Mar. 2, 1999 | |
96-56188
|
Grand Avenue Partners v. Goodan
Assignment of leasehold in ground lease isn't enforceable as novation where assignee obligated to original lease. |
Real Property |
|
Mar. 2, 1999 | |
97-16947
|
Edelbacher v. Calderon
Federal habeas corpus petitioner can't challenge state conviction during retrial proceedings, absent unusual circumstances. |
Criminal Law and Procedure |
|
Mar. 2, 1999 | |
E018260
|
Lambert v. General Motors
Jury verdict of negligence irreconcilable with finding of no defect. |
Torts |
|
Mar. 2, 1999 | |
B120650
|
Wager v. Mirzayance
Dismissal warranted where no notice of right to arbitrate fee dispute is provided to retainer agreement guarantors. |
Attorneys |
|
Mar. 2, 1999 |