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Name Category Published
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
In re Hashemi
Bankruptcy litigants have no Seventh Amendment right to jury trial in dischargeability proceedings.
Bankruptcy Aug. 4, 1999
Sara H., a Minor
Appeal of termination of parental rights without any assertions of error requires dismissal.
Juveniles Aug. 4, 1999
Heather A., a Minor
Secondary abuse of twin girls in father's household justifies removal from custody.
Juveniles Aug. 4, 1999
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
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
People v. Hearon
Jury instruction defining reasonable doubt isn't defective for lack of certainty
Criminal Law and Procedure Aug. 4, 1999
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
People v. Williams
Resisting an executive officer by means of force is a crime of moral turpitude.
Criminal Law and Procedure Aug. 4, 1999
Levy v. American Honda Motor Co. Inc.
Order
Aug. 4, 1999
Brayley v. Gary L. as District Attorney Lacy
Order
Aug. 4, 1999