Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
S069783
|
People v. Garcia
Trial courts grant of leniency to defendant is error resulting in an unauthorized sentence. |
Criminal Law and Procedure |
|
Aug. 26, 1999 | |
S072065
|
Carrillo v. ACF Industries Inc.
Federal Safety Appliance Acts pre-empt state tort remedies for design defects in railroad car. |
Constitutional Law |
|
Aug. 26, 1999 | |
S059302
|
People v. Garcia
Prior juvenile adjudication not a 'strike' unless juvenile was adjudged ward of court for Welfare and Institutions Code Section 707(b) offense. |
Criminal Law and Procedure |
|
Aug. 26, 1999 | |
S058639
|
People ex rel. Dept. of Corporations v. Speedee Oil Change Systems
Conflict of interest created by 'of counsel' attorney imputed to firm, resulting in firm's disqualification. |
Attorneys |
|
Aug. 26, 1999 | |
S071500
|
Bockrath v. Aldrich Chemical Co. Inc.
Allegations that defendant's products cause cancer, plaintiff was exposed, and the chemicals caused cancer are insufficient to allege causation. |
Torts |
|
Aug. 26, 1999 | |
S061215
|
Cates Construction, Inc. v. Talbot Partners
Bond guaranteeing construction contract performance obligates surety for damages from contractor's failure to timely perform the contract. |
Contracts |
|
Aug. 26, 1999 | |
98-1801
|
Kirby v. Elggren (In re Carmel of St. Joseph of Santa Ynez)
Donor of money to church for express purpose of buying real property is not entitled to constructive or resulting trust over property purchased. |
Bankruptcy |
|
Aug. 26, 1999 | |
98-1815
|
Dicker v. Dye (In re Edelman)
Claim filed late in Chapter 7 case due to 1994 Northridge earthquake isn't entitled to be treated as timely. |
Bankruptcy |
|
Aug. 26, 1999 | |
98-1288
|
Gertsch v. Johnson & Johnson Finance Corp. (In re Gertsch)
Summary judgment ruling that state court fraud judgment is nondischargeable for fraud is proper, but money judgment portion of ruling is not. |
Bankruptcy |
|
Aug. 26, 1999 | |
98-1373
|
Beauchamp v. Hoose (In re Beauchamp)
Failure to disclose a bank account in an effort to conceal assets warrants denial of discharge despite eventual disclosure in response to Rule 2004 examination. |
Bankruptcy |
|
Aug. 26, 1999 | |
98-1474
|
Lundell v. Ulrich (In re Lundell)
A bankruptcy court properly certifies an order determining damage to an estate as final, despite litigation that could produce a surplus in estate assets. |
Bankruptcy |
|
Aug. 24, 1999 | |
98-1692
|
Lovell v. Stanifer (In re Stanifer)
Claim of debtor's former spouse for part of debtor's pension benefits is excepted from discharge under 11 U.S.C. Section 523(a)(4). |
Bankruptcy |
|
Aug. 24, 1999 | |
S080609
|
Thomas v. Superior Court (People)
Order |
|
Aug. 24, 1999 | ||
S065553
|
United Services Automobile Assoc. v. Superior Court (Blitshteyn)
Order |
|
Aug. 24, 1999 | ||
S079861
|
Brunson v. DMV
Order |
|
Aug. 24, 1999 | ||
S079696
|
Marshall v. Tannlund
Order |
|
Aug. 24, 1999 | ||
S075992
|
Gossai v. Governing Board of the Victor Valley Community District
Order |
|
Aug. 24, 1999 | ||
S080626
|
Hayward Area Planning Assn. Inc. v. Alameda County Transportation Authority
Order |
|
Aug. 20, 1999 | ||
98-70495
|
Whitmire v. Commissioner of Internal Revenue
Taxpayer is not entitled to 'at risk' deduction under the Internal Revenue Code when his leasing transaction is structured to remove any realistic possibility of economic loss. |
Taxation |
|
Aug. 20, 1999 | |
95-55466, 95-56250 and 96-55004
|
Stanley v. University of Southern California
Equal Pay Act isn't violated when pay differential between employees of opposite sex, performing same core responsibilities, is based on factors other than gender. |
Employment Law |
|
Aug. 20, 1999 | |
98-15574
|
Arnett v. California Public Employees Retirement System
Disability plan which pays more benefits to younger employee than to older employee with equal service time, violates Age Discrimination in Employment Act. |
Employment Law |
|
Aug. 19, 1999 | |
98-0261
|
Philadelphia Indemnity Insurance Co. v. Barerra
Drunk driving exclusion in rental insurance isn't against public policy, and anti-drunk driving provision of rental contract isn't unconscionable or unreasonable. |
Insurance |
|
Aug. 18, 1999 | |
97-0535
|
Israel v. Town of Cave Creek
Ordinance formally annexing land is final legislative act triggering time to request referendum petition that town can't avoid by adding emergency clause. |
Government |
|
Aug. 18, 1999 | |
98-1107
|
Deborah v. Ortiz, Member of the California Senate
Community college may contract with state agencies to provide part-time employment for their students. |
Administrative Agencies |
|
Aug. 18, 1999 | |
98-0422
|
Burns v. Davis
Property owners objecting to zoning variance at Board of Adjustment meeting have qualified immunity from defamation suit. |
Torts |
|
Aug. 18, 1999 | |
99-0022
|
State Farm Mutual Automobile Insurance Co. v. Lee
Insurance company keeps attorney-client privilege intact if company doesn't rely on counsel's advice in creating insurance policy. |
Insurance |
|
Aug. 18, 1999 | |
97-5172
|
U.S. v. Hanzlicek
Where defendant becomes a fugitive while his case is pending on appeal, state can invoke disentitlement doctrine to dismiss defendant's appeal with prejudice. |
Criminal Law and Procedure |
|
Aug. 17, 1999 | |
B103406
|
Alvarado v. Superior Court (People)
Court can withhold identities from defense after determining from evidence witnesses face mortal danger. |
Criminal Law and Procedure |
|
Aug. 17, 1999 | |
B102937
|
Carrillo v. ACF Industries Inc.
Federal railroad safety laws don't pre-empt state law product liability claim premised on design defect. |
Constitutional Law |
|
Aug. 15, 1999 | |
S079960
|
Miles v. Miles (Miles)
Order |
|
Aug. 13, 1999 |