Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
98-0570
|
Zuther v. State
Amendment to 'Gate-Money' statute does not apply retroactively. |
Criminal Law and Procedure |
|
Sep. 16, 1999 | |
98-0509
|
Paradigm Insurance Co. v. The Langerman Law Offices
While insurer is permitted to sue retained counsel for malpractice, insurer may not withhold fees owed to attorney pending resolution of claim. |
Attorneys |
|
Sep. 16, 1999 | |
98-0085 and 98-0738
|
State v. Quintana
Where trespass charge is properly designated as a misdemeanor, no right to jury trial exists. |
Criminal Law and Procedure |
|
Sep. 16, 1999 | |
96-0873
|
State v. Rosario
Notice, by prisoner representing himself, of petition for postconviction relief is deemed filed when given to department of corrections for mailing. |
Criminal Law and Procedure |
|
Sep. 16, 1999 | |
98-50297
|
U.S. v. Machado
At trial for two misdemeanor counts, each side receives only three peremptory challenges, despite possibility of sentence greater than one year. |
Criminal Law and Procedure |
|
Sep. 16, 1999 | |
B119304
|
Westoil Terminals Co. v. Harbor Insurance Co.
Insurance coverage extends to successor company after change from corporation to limited partnership with same operations, name, equity interests, and control. |
Insurance |
|
Sep. 14, 1999 | |
H018483
|
Catch v. Phillips
Where trust allows exercise of power of appointment by will or codicil, attempted exercise of that power by another document is invalid. |
Probate and Trusts |
|
Sep. 14, 1999 | |
H018483
|
Catch v. Phillips
Where trust allows exercise of power of appointment by will or codicil, attempted exercise of that power by another document is invalid. |
Probate and Trusts |
|
Sep. 14, 1999 | |
B126356
|
Ziegler v. City of South Pasadena
Substantial evidence that police officer was involved in a hit-and-run accident and lied about it justifies firing. |
Employment Law |
|
Sep. 14, 1999 | |
99-154
|
The State Bar of California Standing Committee on Professional Responsibility and Conduct
California Rules of Professional Conduct apply to work a lawyer performs in a nonlegal capacity. |
Attorneys |
|
Sep. 14, 1999 | |
97-10551 and 97-10552
|
U.S. v. Fiorillo
Despite lack of exclusive control, access to a locked room is sufficient apparent authority to give consent to search. |
Criminal Law and Procedure |
|
Sep. 14, 1999 | |
99-303
|
Richard E. Floyd, Member of the California Assembly
Public employees retirement system board members need not submit incompatible activities statement and may serve even after declaring bankruptcy |
Administrative Agencies |
|
Sep. 14, 1999 | |
C027688
|
Estate of Della Sala
Omitted child seeking distribution contrary to terms of will has burden of proving all essential facts. |
Probate and Trusts |
|
Sep. 13, 1999 | |
D029645
|
San Diego Metropolitan Transit Development Board v. Handlery Hotel Inc.
Absent compensable property interest, claimant alleging de facto or inverse condemnation can't recover compensation. |
Government |
|
Sep. 13, 1999 | |
B126356
|
Ziegler v. City of South Pasadena
Substantial evidence that police officer was involved in a hit-and-run accident and lied about it justifies firing. |
Employment Law |
|
Sep. 13, 1999 | |
B127215
|
Marriage of Rich
Husband is entitled to full payments under ERISA pension plan after ex-wife, who was receiving part under domestic relations order, dies. |
Family Law |
|
Sep. 13, 1999 | |
A083723
|
Trader Joe's Co. v. Progressive Campaigns Inc.
Free-standing food store doesn't lose exclusive control over its private property by inviting people to come shop. |
Constitutional Law |
|
Sep. 13, 1999 | |
B130010
|
Chahal v. Superior Court (Greyhound Lines Inc.)
Legal certainty that claim doesn't meet superior court's amount-in-controversy jurisdiction is required before action can be transferred to municipal court. |
Civil Procedure |
|
Sep. 13, 1999 | |
C025718
|
Reed v. Wilson
Despite defendants' offer to compromise being rejected, they weren't entitled to offset costs with excess portion of remaining settlement. |
Civil Procedure |
|
Sep. 13, 1999 | |
A083102
|
Eby v. Bingham
Ten-year limitation on trust deed lien applies, even though note contemplates payment until obligation satisfied, where final maturity date ascertainable from record. |
Real Property |
|
Sep. 13, 1999 | |
E022901
|
People v. Lapcheske
Collection of rental payments by defendant who acquired real property by adverse possession does not make defendant guilty of grand theft. |
Criminal Law and Procedure |
|
Sep. 13, 1999 | |
B126506
|
American Continental Insurance Co. v. American Casualty Co.
Where primary insurer provides maximum coverage in wrongful-death action, insured's private insurance company must contribute to settlement too. |
Insurance |
|
Sep. 13, 1999 | |
B117633
|
Curtis v. Kellogg & Anderson
Legal malpractice cause of action can't be assigned by corporation's Chapter 7 bankruptcy trustee. |
Attorneys |
|
Sep. 13, 1999 | |
B115201
|
Record v. Reason
Primary assumption of risk doctrine applies to the activity of being pulled on an inner tube by a motor boat. |
Torts |
|
Sep. 13, 1999 | |
A083931
|
People v. Draut
Defendant's inability to pay restitution award and general unfairness of such award are not 'extraordinary reasons' necessary to justify reduction. |
Criminal Law and Procedure |
|
Sep. 13, 1999 | |
D030834 and D031518
|
Gregory v. State Board of Control
State Board of Control must obtain crime report from law enforcement, if not obtained by victim, under Victims of Crime Restitution Program. |
Administrative Agencies |
|
Sep. 13, 1999 | |
A081830
|
Hobson v. Raychem Corp.
In disability discrimination action, summary judgment for employer is proper where employee fails to properly identify qualified disability and discriminatory action. |
Employment Law |
|
Sep. 13, 1999 | |
S067155
|
Townsel v. Superior Court (People)
Trial court has authority to require defendant's counsel to obtain court's approval first before contacting trial jurors. |
Criminal Law and Procedure |
|
Sep. 13, 1999 | |
B127801
|
Terry v. Superior Court (People)
Defendant's eligibility for drug-treatment program can't be conditioned on his submitting to unreasonable search and seizure. |
Criminal Law and Procedure |
|
Sep. 13, 1999 | |
D029007
|
Vournas v. Fidelity National Title Insurance Co.
Where trust beneficiary can't show bank had actual knowledge of unauthorized actions, bank can't be liable for breach of fiduciary duty. |
Probate and Trusts |
|
Sep. 13, 1999 |