| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B116659
|
In re Marriage of Newsome
Child custody jurisdiction favors child's home state, where they live, over the 'significant connection test.' |
Family Law |
|
Apr. 1, 1999 | |
|
S058825
|
People v. Reyes
Searches based on parole conditions may be conducted without reasonable suspicion. |
Criminal Law and Procedure |
|
Apr. 1, 1999 | |
|
G021264
|
Guardianship of Simpson
In proceeding terminating guardianship by father, failure to admit circumstances of mother's death requires reversal. |
Family Law |
|
Apr. 1, 1999 | |
|
B114612
|
Rochin v. Johnson
Amended judgment entered on an ex parte basis without notice to plaintiff is void. |
Civil Procedure |
|
Apr. 1, 1999 | |
|
C023170
|
In re Kacy S.
Courts have discretion to require urine tests for minors who are on probation. |
Juveniles |
|
Apr. 1, 1999 | |
|
F030202
|
Cathina W., a juvenile
'Non-appealable' order can be reviewed when juvenile court fails to give timely notice of procedures for relief. |
Juveniles |
|
Apr. 1, 1999 | |
|
B122233
|
In re Robert L.
Juvenile courts cannot extend jurisdiction beyond age of majority solely to provide special assistance. |
Juveniles |
|
Apr. 1, 1999 | |
|
B116729
|
Long v. City of Los Angeles
Action against city for recovery of personal property is exempt from Government Tort Claims Act. |
Government |
|
Apr. 1, 1999 | |
|
S055216
|
People v. Ortega
Convictions for both robbery and theft, during single carjacking, violates rule against lesser included offenses. |
Criminal Law and Procedure |
|
Apr. 1, 1999 | |
|
B121125
|
Federal Home Loan Mortgage Corporation v. La Conchita Ranch Company
Move to disqualify attorney is meritless when only a hypothetical conflict of interest exists. |
Attorneys |
|
Apr. 1, 1999 | |
|
B119335
|
Almalik S., a Minor
Custodial parent doesn't have standing to appeal juvenile delinquency decision. |
Juveniles |
|
Apr. 1, 1999 | |
|
S053418
|
Calvillo-Silva v. Home Grocery
Statute exempting real property owner from liability can't apply if use of intentional, deadly force was unjustified. |
Torts |
|
Apr. 1, 1999 | |
|
B124087
|
American Motorist Insurance Co. v. Superior Court (Montrose Chemical Corporation of California)
No jury trial right when initial determination of equitable claim makes legal claim moot. |
Insurance |
|
Apr. 1, 1999 | |
|
B115563
|
Garfield Medical Center v. Belshe
Using 'weighted mean' to determine disproportionate Medi-Cal patient share hospitals, doesn't violate federal statute. |
Government |
|
Apr. 1, 1999 | |
|
B122062
|
Jeanette V., a Juvenile
No due process violation when social worker's report is admitted without her testimony in dependency hearing. |
Family Law |
|
Apr. 1, 1999 | |
|
A082128
|
Miracle Auto Center v. The Superior Court of San Mateo County (Pacific Specialty Insurance Company)
In commercial general liability insurance policies, 'standard time' is the time presently in use in the state. |
Contracts |
|
Apr. 1, 1999 | |
|
B115300
|
Janis v. California State Lottery Commission
State lottery is immune from claims based on theory of misrepresentation. |
Torts |
|
Apr. 1, 1999 | |
|
C028772
|
Furtado v. Sierra Community College
Public agencies can make personnel decisions in closed session unless specific complaints are involved. |
Government |
|
Apr. 1, 1999 | |
|
C028935
|
Watson v. Department of Transportation
Absence of fault of codefendant doesn't justify claim of implied indemnity and statutory award of attorney's fees. |
Torts |
|
Apr. 1, 1999 | |
|
D029526
|
McMillin Development Inc. v. Home Buyers Warranty
Concurrent arbitration and appeal doesn't stay appellate proceedings unless issue was raised at trial. |
Civil Procedure |
|
Apr. 1, 1999 | |
|
E020602
|
Marriage of Varner
Trial court can't terminate its own jurisdiction when appeal of trial court's spousal support order is pending. |
Family Law |
|
Apr. 1, 1999 | |
|
C027041
|
Lilley v. Elk Grove Unified School District
School's assumption of risk defense not precluded by teacher's statutory duty to supervise students. |
Torts |
|
Apr. 1, 1999 | |
|
B114114 and B117076
|
Wertin v. Franchise Tax Board
Under federal and state law, Franchise Tax Board must review actual returns before issuing notice of deficiency. |
Taxation |
|
Apr. 1, 1999 | |
|
B116313
|
Henry v. Workers' Compensation Appeals Board; Mammoth Mountain Ski Area
Alternate work offer to injured seasonal employee doesn't have to last 12 straight months. |
Employment Law |
|
Apr. 1, 1999 | |
|
B114279
|
Favorite v. County of Los Angeles
Mentally incompetent's claim against government entity is tolled when conservator is unaware of claim. |
Conservatorship |
|
Apr. 1, 1999 | |
|
C029015
|
Gonzales v. Workers' Compensation Appeals Board
Injured worker isn't allowed disability benefits when there is no evidence of actual wage loss. |
Administrative Agencies |
|
Apr. 1, 1999 | |
|
A081340
|
California Pacific Homes Inc. v. Scottsdale Insurance Company
'Qualified time on the risk' method of allocation between multiple insurance providers is proper in cases of progressive property damage. |
Insurance |
|
Mar. 31, 1999 | |
|
98-1838
|
United States Satellite Broadcasting Co Inc. v. Lynch
The Boxing Act, which imposes a tax solely on telecasts of combative contests, violates the First Amendment. |
Constitutional Law |
|
Mar. 31, 1999 | |
|
97-2045
|
South Central Bell Telephone Co. v. Alabama
State franchise tax of foreign corporations, that treats in-state corporations differently, violates the commerce clause. |
Constitutional Law |
|
Mar. 31, 1999 | |
|
98-1672
|
Bankruptcy of Mendez
Attorney not licensed in Arizona but who is admitted to practice before the Arizona district court can receive fee as counsel for Chapter 13 debtor. |
Bankruptcy |
|
Mar. 31, 1999 |