| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S046001
|
Richards v. Owens-Illinois Inc.
Proportionate fault isn't allocated to absent tobacco companies in smoker's suit for asbestos lung injury. |
Torts |
|
Aug. 4, 1999 | |
|
95-55628
|
In re Hashemi
Bankruptcy litigants have no Seventh Amendment right to jury trial in dischargeability proceedings. |
Bankruptcy |
|
Aug. 4, 1999 | |
|
H015451
|
Sara H., a Minor
Appeal of termination of parental rights without any assertions of error requires dismissal. |
Juveniles |
|
Aug. 4, 1999 | |
|
B095308
|
Heather A., a Minor
Secondary abuse of twin girls in father's household justifies removal from custody. |
Juveniles |
|
Aug. 4, 1999 | |
|
B101270
|
Cravens v. State Board of Equalization for the State of California
Plaintiff cannot voluntarily dismiss without prejudice in lieu of opposition to summary judgment motion. |
Civil Procedure |
|
Aug. 4, 1999 | |
|
A075386
|
Gray v. Superior Court (Hunter)
Plaintiff's right to voluntarily dismiss complaint is cut off by commencement of evidentiary proceedings before referee. |
Civil Procedure |
|
Aug. 4, 1999 | |
|
C028314
|
People v. Hearon
Jury instruction defining reasonable doubt isn't defective for lack of certainty |
Criminal Law and Procedure |
|
Aug. 4, 1999 | |
|
A083166, A083631 and A084008
|
Krain v. Medical Board of California
Doctor's guilty plea to criminal perjury is properly considered as basis for revocation of medical license, despite later expungement of criminal record. |
Administrative Agencies |
|
Aug. 4, 1999 | |
|
D032003
|
Margarita D., a Minor
No error in denying alleged biological father's motions to set aside paternity judgment finding another man is father of child and order paternity testing. |
Juveniles |
|
Aug. 4, 1999 | |
|
B107992
|
Nelson v. Anderson
Absent special duty, shareholder's remedy for breach of fiduciary duty claim is a derivative, rather than individual, action. |
Corporations |
|
Aug. 4, 1999 | |
|
A082545
|
Alpine Insurance Co. v. Planchon
Pickup truck with modified 'bed' containing hydraulic scissors-lift is 'mobile equipment' covered under company's insurance policy, not excluded auto. |
Insurance |
|
Aug. 4, 1999 | |
|
B130332
|
Cano v. Superior Court (People)
Trial court loses jurisdiction to vacate plea and resentence defendant when it sentences defendant to state prison on same day as guilty plea. |
Criminal Law and Procedure |
|
Aug. 4, 1999 | |
|
C030427
|
Ochoa v. California State University, Sacramento
University indoor intramural soccer game is a 'hazardous recreational activity,' giving university immunity from liability for any injury. |
Torts |
|
Aug. 4, 1999 | |
|
A080758
|
Anthony J., a Minor
Person who takes part in riot to effect his escape from custody can be convicted of 'lynching' under California law. |
Juveniles |
|
Aug. 4, 1999 | |
|
B124280
|
In re Rodney
Sentencing defendant to consecutive terms is permitted even though defendant didn't suffer a previous conviction for a violent sex crime. |
Criminal Law and Procedure |
|
Aug. 4, 1999 | |
|
C029712
|
California Correctional Peace Officers Assoc. v. Dept. of Corrections
Correction officer isn't prohibited from possessing firearm under statute despite 10-year old misdemeanor conviction. |
Criminal Law and Procedure |
|
Aug. 4, 1999 | |
|
G019363
|
People v. Cartwright
Typical traffic stop doesn't, by itself, constitute a Fourth Amendment seizure of the passenger in the vehicle. |
Criminal Law and Procedure |
|
Aug. 4, 1999 | |
|
B115166
|
People v. La Stelley
Defendant is improperly convicted of both robbery and grand theft where defendant's conduct constituted one continuous crime. |
Criminal Law and Procedure |
|
Aug. 4, 1999 | |
|
B117790
|
Delgado v. American Multi-Cinema Inc.
No cause of action exists against movie theater for allowing unaccompanied minor watch 'R'-rated movie which allegedly caused minor to kill someone after viewing film. |
Torts |
|
Aug. 4, 1999 | |
|
B121824
|
American International Industries v. Superior Court (Urbach)
Prior representative action by watchdog environmental group bars subsequent class action under doctrine of res judicata. |
Torts |
|
Aug. 4, 1999 | |
|
G024456
|
Building Industry Legal Defense Foundation v. Superior Court (City of San Juan Capistrano)
City cannot adopt interim ordinance that prohibits the processing of development applications, such as a tentative subdivision map. |
Real Property |
|
Aug. 4, 1999 | |
|
A075133
|
Steiny and Company, Inc. v. Citicorp Real Estate, Inc.
Amount construction lender pays itself for interest accrued on loan doesn't have to be disclosed to claimant under 'stop notice laws.' |
Banking |
|
Aug. 4, 1999 | |
|
F031707
|
State Farm Mutual Automobile Insurance Co. v. Federal Insurance Co.
Attorney retained by insurance company to represent insured also has an attorney-client relationship with company for disqualification purposes. |
Attorneys |
|
Aug. 4, 1999 | |
|
B124420
|
Estate of Martin
Executor breaches fiduciary duty by personally benefiting from sale of estate property, and the sale is void. |
Probate and Trusts |
|
Aug. 4, 1999 | |
|
B130332
|
Cano v. Superior Court (People)
Trial court loses jurisdiction to vacate plea and resentence defendant when it sentences defendant to state prison on same day as guilty plea. |
Criminal Law and Procedure |
|
Aug. 4, 1999 | |
|
C031822
|
Curle v. Superior Court (Gleason)
Where underlying facts are in dispute, judge can't be disqualified unless trial court's factual findings are supported by substantial evidence. |
Judges |
|
Aug. 4, 1999 | |
|
97-55649
|
Ellis v. City of San Diego
Doctor who performs medical procedure without plaintiff's consent, isn't shielded from civil rights suit under California's Medical Injury Compensation Reform Act. |
Civil Rights |
|
Aug. 4, 1999 | |
|
D031496
|
People v. Williams
Resisting an executive officer by means of force is a crime of moral turpitude. |
Criminal Law and Procedure |
|
Aug. 4, 1999 | |
|
S076929
|
Levy v. American Honda Motor Co. Inc.
Order |
|
Aug. 4, 1999 | ||
|
S078877
|
Brayley v. Gary L. as District Attorney Lacy
Order |
|
Aug. 4, 1999 |