Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
A083799
|
People v. Nubla
Court can reduce sentence after defendant committed to rehabilitation is found unfit and returned, provided sentence has not yet been executed. |
Criminal Law and Procedure |
|
Sep. 30, 1999 | |
C030006
|
Savnik v. Hall
Non-economic damages are proper where uninsured motorist is not the owner of the vehicle. |
Torts |
|
Sep. 30, 1999 | |
E021243
|
Barham v. Southern California Edison Co.
Public electrical utility is liable for inverse condemnation damages to owners of property damaged in fire caused by power lines. |
Real Property |
|
Sep. 30, 1999 | |
A082778
|
People v. Knox
Failure to expressly plead multiple victim circumstance and include it on jury verdict form constitutes harmless error. |
Criminal Law and Procedure |
|
Sep. 30, 1999 | |
C028606
|
People v. Arias
Defendant is entitled to be sentenced under work time credits that existed before Penal Code statute was amended. |
Criminal Law and Procedure |
|
Sep. 30, 1999 | |
D031860
|
People v. Chambless
Any contact with offender's or young victim's genitals is masturbation, and is substantial sexual conduct, for purposes of Sexually Violent Predators Act. |
Criminal Law and Procedure |
|
Sep. 30, 1999 | |
A082611
|
Commerce & Industry Insurance Co. v. Chubb Custom Insurance Co.
Warehouse insured by two insurance policies, each holding the other responsible for the loss, must be prorated between the insurers. |
Insurance |
|
Sep. 30, 1999 | |
A083416
|
People v. Poe
Inmate isn't entitled to custody credits for period between release date and commitment as sexually violent predator under Sexually Violent Predator Act. |
Criminal Law and Procedure |
|
Sep. 30, 1999 | |
A084462
|
Snarled Traffic Obstructs Progress v. City and County of San Francisco
Modification of a construction project does not require changes to the negative declaration nor a new Environmental Impact Report. |
Environmental Law |
|
Sep. 30, 1999 | |
B121438
|
People v. Epps
Defendant has right to jury trial regarding prior convictions and isn't required to show trial court's initial denial of right was prejudicial. |
Criminal Law and Procedure |
|
Sep. 30, 1999 | |
E020701
|
People v. Danowski
Separate sentences for attempted robbery and attempted murder are prohibited when multiple sentences are not mandated under the three strikes law. |
Criminal Law and Procedure |
|
Sep. 30, 1999 | |
G021588
|
Maciejewski v. Alpha Systems Lab, Inc.
No dispute resolution method will be accepted unless it's fair, prompt, and economical. |
Employment Law |
|
Sep. 30, 1999 | |
E020701
|
People v. Danowski
Separate sentences for attempted robbery and attempted murder are prohibited when multiple sentences are not mandated under the three strikes law. |
Criminal Law and Procedure |
|
Sep. 30, 1999 | |
92-20339 and 95-13441
|
Wyshak v. State Bar
Attorney who committed numerous dishonest acts involving moral turpitude, including repeated real estate scams, should be disbarred even though victims weren't clients. |
Attorneys |
|
Sep. 30, 1999 | |
97-55872
|
Franchise Tax Board v. Jerauld (In re Jerauld)
Debtor's state tax liability debts are dischargeable regardless of failure to report tax reassessments. |
Bankruptcy |
|
Sep. 29, 1999 | |
98-10381 and 98-10382
|
U.S. v. Mitchell H.
The Fifth Amendment is not violated when a juvenile is required to submit to a psychiatric evaluation prior to an adult transfer hearing. |
Juveniles |
|
Sep. 29, 1999 | |
98-15942
|
Great Lakes Higher Education Corporation v. Pardee (In re Pardee)
Creditor, who didn't object to Chapter 13 plan or confirmation order, waived right to attack plan postconfirmation for improperly discharging debt. |
Bankruptcy |
|
Sep. 28, 1999 | |
98-55839
|
Hirsh v. Lamaute (In re Hirsh)
Sanctions and dismissal appropriate where appeal lacks merit and brief is inadequate. |
Bankruptcy |
|
Sep. 28, 1999 | |
98-55836
|
Hirsh v. Lamaute (In re Hirsh)
Where material is withheld and lawful court orders are not complied with, default judgment and denial of discharge are appropriate. |
Bankruptcy |
|
Sep. 28, 1999 | |
98-17413
|
J and D Equipment Rentals Inc. v. Capurro (In re J and D equipment Rentals Inc.)
Factual finding is not clearly erroneous where debtor attempted to manipulate bankruptcy system and judicial process. |
Bankruptcy |
|
Sep. 28, 1999 | |
97-56822
|
Michaels v. Bank of America National Trust & Savings Association (In re Nelson)
Debtor's estate has no interest in property that was properly foreclosed upon and sold to third party. |
Bankruptcy |
|
Sep. 28, 1999 | |
96-56814
|
Michaels v. Las Palmas Professional Center Inc. (In re Nelson)
Abstention is permissible where state law issue is entangled with automatic stay issue. |
Bankruptcy |
|
Sep. 28, 1999 | |
98-56601
|
Peia v. United States of America
Federal Tort Claims Act claims are dismissed where administrative claim is not brought before appropriate agency before filing of action. |
Bankruptcy |
|
Sep. 28, 1999 | |
98-4332
|
Eising v. Locke (In re Wescot International Inc.)
Debtor is entitled to relief from default judgment due to unconscionable penalty which is out of proportion to original claim. |
Bankruptcy |
|
Sep. 28, 1999 | |
97-24860
|
In re Kuraihi
Spendthrift provision in self-settled trust is not enforceable under California law and does not support exclusion from estate assets. |
Bankruptcy |
|
Sep. 28, 1999 | |
97-15509
|
Wepsic v. Josephson (In re Wepsic)
Debtor is entitled to attorney fees and costs as prevailing party in action against creditor for violations of Truth In Lending Act. |
Bankruptcy |
|
Sep. 28, 1999 | |
99-2385
|
Lefcourt v. Superior Court
Opinion |
Government |
|
Sep. 27, 1999 | |
98-1862
|
Calstar Corp. v. Debbie Reynolds Hotel & Casino Inc. (In re Debbie Reynolds Hotel & Casino Inc.)
Surcharge of oversecured creditor is proper, but distribution of surcharge funds to administrative claimant to the exclusion of superpriority claimant is improper. |
Bankruptcy |
|
Sep. 24, 1999 | |
99-1054
|
Robert J. Williams Inc. v. Official Unsecured Creditors' Committee (In re Connolly)
Oversecured creditor is not entitled to attorney fees incurred to defend preference action, despite attorney fees provision in creditor's security agreement. |
Bankruptcy |
|
Sep. 24, 1999 | |
97-17287
|
B.C. v. Plumas Unified School District
Absent drug problem or reasonable suspicion, school officials can't permit drug-detecting dog to sniff students. |
Civil Rights |
|
Sep. 24, 1999 |