| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S058278
|
Peters v. Saunders
Cross-complaint is dismissed under SLAPP statute but action for defamation and unfair competition can proceed. |
Torts |
|
Jul. 29, 1999 | |
|
S058717
|
People v. McKinney
Prosecution of robbery charge is barred after charge has been dismissed twice. |
Criminal Law and Procedure |
|
Jul. 29, 1999 | |
|
A072753
|
People v. Allen
Trial court's failure to show it had discretion to strike prior felony allegation requires remand. |
Criminal Law and Procedure |
|
Jul. 29, 1999 | |
|
F024794
|
People v. Martinez
Convictions for terrorist threats are supported by defendant's words and surrounding circumstances. |
Criminal Law and Procedure |
|
Jul. 29, 1999 | |
|
99-153
|
The State Bar of California Standing Committee on Professional Responsibility and Conduct Formal Opinion No. 1999-153
Counsel may represent both close corporation and its president-shareholder in suit brought by only other shareholder, provided informed consent is obtained. |
Attorneys |
|
Jul. 29, 1999 | |
|
S057937
|
People v. Lloyd
Dismissal of defendant's appeal of sentence after pleading no contest to charges is error. |
Criminal Law and Procedure |
|
Jul. 28, 1999 | |
|
S049490
|
People v. Eubanks
Victim's financial assistance to prosecutor's office may disqualify district attorney from case. |
Criminal Law and Procedure |
|
Jul. 28, 1999 | |
|
S058223
|
People v. Guevara
Order |
|
Jul. 28, 1999 | ||
|
S058290
|
People v. Callahan
Order |
|
Jul. 28, 1999 | ||
|
S058114
|
Marriage of Shelstead
Order |
|
Jul. 28, 1999 | ||
|
96-10068, 96-10069 and 96-10074
|
In re Extradition of Kirby
Jurisdiction exists to consider government's appeal from bail grant for special circumstances in extradition case. |
Criminal Law and Procedure |
|
Jul. 28, 1999 | |
|
95-2088
|
Denver, Co v. C. Kelly Carpenter, et al.
Order |
|
Jul. 28, 1999 | ||
|
95-1181
|
Dunn v. Commodity Futures Trading Commission
Treasury Amendment exempts Commodity Futures Trading Commission from regulating off-exchange trading in foreign currency. |
Securities |
|
Jul. 28, 1999 | |
|
95-1228
|
U.S. v. Wells
Materiality of falsehood isn't element of crime of knowingly making false statements to federally-insured bank. |
Criminal Law and Procedure |
|
Jul. 28, 1999 | |
|
B087890
|
Little Company of Mary Hospital v. Belshe
Three-year period to audit hospital reports doesn't bar late recoupment of Medi-Cal payments. |
Administrative Agencies |
|
Jul. 28, 1999 | |
|
S005620
|
People v. Mayfield
Defendant's deliberate killing of peace officer warrants upholding murder conviction and death sentence. |
Criminal Law and Procedure |
|
Jul. 28, 1999 | |
|
A074907
|
State Farm Fire and Casualty Co. v. East Bay Municipal Utility District
Paying claim that could have been denied as excluded doesn't bar insurer from obtaining subrogation. |
Insurance |
|
Jul. 28, 1999 | |
|
B104932
|
People v. Mosley
Trial court is presumed to know the applicable law allowing discretion to strike prior felony. |
Criminal Law and Procedure |
|
Jul. 28, 1999 | |
|
B098962
|
Bernardi v. City Council of the City of Los Angeles
Court lacks jurisdiction to modify stipulated judgment validating redevelopment plan with certain fiscal and time limitations. |
Government |
|
Jul. 28, 1999 | |
|
D021604
|
Water Quality Association v. City of Escondido
Municipality's ban on water softeners is void due to conflict with state statutory scheme. |
Government |
|
Jul. 28, 1999 | |
|
S054093
|
Mercy Hospital and Medical Center v. Farmers Insurance Group of Companies
Hospital can satisfy lien amount from 50 percent of patient's recovery from tortfeasor or tortfeasor's insurer. |
Torts |
|
Jul. 28, 1999 | |
|
B105297
|
People v. Fine
Statute of limitations for offenses involving securities fraud is tolled by Penal Code 'discovery rule.' |
Criminal Law and Procedure |
|
Jul. 28, 1999 | |
|
B101761
|
California Department of Corrections v. Office of Administrative Hearings (Anthony)
Administrative law judge can appoint psychiatric expert to assist inmate at involuntary medication hearing. |
Criminal Law and Procedure |
|
Jul. 28, 1999 | |
|
95-15207
|
First Estate Bank of Nevada v. United States
Supreme Court's decision bars tolling limitation period for refund based on taxpayer's incompetence before death. |
Taxation |
|
Jul. 28, 1999 | |
|
95-99009
|
Moore Jr. v. Calderon
Order |
|
Jul. 28, 1999 | ||
|
95-55536
|
Bankruptcy of Kennedy
Bankruptcy court can enter monetary judgment on state law claim while making dischargeability determination. |
Bankruptcy |
|
Jul. 28, 1999 | |
|
95-823
|
Smoot v. The City of Placentia
Proof standard for claim of loss of child's companionship is 'deliberate indifference or reckless disregard.' |
Civil Rights |
|
Jul. 28, 1999 | |
|
96-1829
|
Bornstein v. J.C. Penney Life Insurance Co.
Death following surgery creates factual issue if insurance policy is silent on definition of 'accident.' |
Insurance |
|
Jul. 28, 1999 | |
|
B098805
|
People v. Ortiz
Non-profit trade association, representing direct victims of defendant's crime, is awarded restitution. |
Criminal Law and Procedure |
|
Jul. 28, 1999 | |
|
B092022
|
Ruttenberg v. Ruttenberg
Heir of decedent not joined in wrongful death suit has action for damages against filing heirs. |
Torts |
|
Jul. 28, 1999 |