| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
97-16487, 97-16488 and 97-16489
|
Stanford University Hospital v. Federal Insurance Co.
Losses to payroll tax company's clients caused by misappropriation of funds aren't covered by insurance policy with exclusion for losses caused by authorized representative. |
Insurance |
|
Jul. 7, 1999 | |
|
98-50226
|
U.S. v. Phillips
Restitution cannot be ordered based on counts dropped pursuant to plea bargain unless payment is specifically part of plea agreement. |
Criminal Law and Procedure |
|
Jul. 7, 1999 | |
|
F032022
|
Jauregi v. Superior Court (People)
Hearsay isn't admissible to prove standing in drug trafficking related forfeiture proceeding. |
Civil Procedure |
|
Jul. 7, 1999 | |
|
B118546
|
People v. Lewis
Prior juvenile adjudication doesn't qualify as strike as it doesn't satisfy requirements of the Welfare and Institutions Code for strike eligibility. |
Criminal Law and Procedure |
|
Jul. 7, 1999 | |
|
C028795
|
Smeaton v. Fidelity National Title
Limitations period for claims founded upon a title insurance policy commences when policy is issued. |
Insurance |
|
Jul. 7, 1999 | |
|
B129319
|
Jewish Defense Organization Inc. v. Superior Court (Rambam)
Out-of-state operation of web site, containing defamation, through California Internet service provider is insufficient for jurisdiction. |
Torts |
|
Jul. 7, 1999 | |
|
G023337 and G023921
|
Arambula v. Wells
Under collateral source rule, money given as a gift to benefit tort victim isn't considered double recovery. |
Torts |
|
Jul. 7, 1999 | |
|
F031048 and F031750
|
Anthony B., a Minor
Order denying reinstatement of supervised visitation isn't appealable if made contemporaneously with order setting a permanency planning hearing. |
Juveniles |
|
Jul. 7, 1999 | |
|
B120030
|
Reliance National Indemnity Co. v. General Star Indemnity Co.
Indemnification agreement between insured and third party doesn't supersede general coverage rule in dispute between primary and excess insurance carriers. |
Insurance |
|
Jul. 7, 1999 | |
|
A080108
|
Hendrickson v. Zurich American Insurance Co. of Illinois
Third party action for loss of use of fields resulting from delivery of defective crops, constitutes 'property damage' for purposes of indemnification by insurer. |
Insurance |
|
Jul. 7, 1999 | |
|
B122738
|
Maginn v. City of Glendale
Action to review decision regarding subdivision of property must be commenced and service of summons effected within 90 days of such decision. |
Real Property |
|
Jul. 7, 1999 | |
|
B116141
|
People v. Allen
No error admitting DNA evidence obtained by short tandem repeats polymerase chain reaction testing nor in finding tests are 'generally accepted in scientific community.' |
Criminal Law and Procedure |
|
Jul. 7, 1999 | |
|
B122789
|
South Bay Building Enterprises Inc. v. Riviera Lend-Lease Inc.
Complaint can be amended at trial when operative facts are included in complaint and evidence supporting liability is adduced from defense witnesses. |
Civil Procedure |
|
Jul. 7, 1999 | |
|
G024438
|
Austin v. Superior Court (Chambers, Noronha & Lowry)
Attorney sued for malpractice cannot cross-complain against former client's current lawyer for indemnity or contribution. |
Attorneys |
|
Jul. 7, 1999 | |
|
B120546
|
Marriage of Lautsbaugh
Termination of child support doesn't constitute change of circumstances justifying increase in spousal support. |
Family Law |
|
Jul. 7, 1999 | |
|
C030442
|
People v. Diller
Prior juvenile adjudication that's violent offense under Penal Code, but not listed in Welfare and Institutions Code, doesn't qualify as strike. |
Criminal Law and Procedure |
|
Jul. 7, 1999 | |
|
D029663
|
Caloca v. County of San Diego
Where finding of misconduct against deputies constitutes a punitive action, deputies are entitled to administrative appeal. |
Administrative Agencies |
|
Jul. 7, 1999 | |
|
G024874
|
Cynthia C. v. Superior Court (Orange County Social Services Agency)
No abuse of discretion in denial of parent's request to withdraw waiver of reunification services. |
Juveniles |
|
Jul. 7, 1999 | |
|
E021913
|
Aetna Health Plans of California Inc. v. Yucaipa-Calimesa Joint Unified School District
No cause of action can be maintained for contribution and indemnity between two insurers who both provided coverage for same incident. |
Insurance |
|
Jul. 7, 1999 | |
|
D031035
|
HealthSmart Pacific Inc. v. Belshe
Petition challenging denial of Medi-Cal payments is timely if filed within 6 months of date decision mailed, not entered. |
Government |
|
Jul. 7, 1999 | |
|
A078387 and A080685
|
Sierra Club Foundation v. Graham
In malicious prosecution claim, question of whether underlying action ended in claimant's favor focuses on federal judgment and not related action's settlement. |
Torts |
|
Jul. 7, 1999 | |
|
A084574
|
Barlow v. Davis
Minority business enterprise reporting requirement of Public Contract Code is void since it is an unseverable part of statutory scheme found constitutionally invalid. |
Government |
|
Jul. 7, 1999 | |
|
A082952
|
Mitroff v. United Services Automobile Assoc.
Policys household exclusion precludes coverage for bodily injury to spouse of insured when spouse resides in same household. |
Insurance |
|
Jul. 7, 1999 | |
|
G020930 G020930
|
People v. Chutan
Defendant's confession, made during investigation of child abuse allegations, doesn't need to be suppressed for failure to give advisement of rights. |
Criminal Law and Procedure |
|
Jul. 7, 1999 | |
|
F028298
|
People v. Lyons
No error in failure to reduce defendant's firearm-use sentence enhancements to one-third the middle term under consecutive term limitation statute. |
Criminal Law and Procedure |
|
Jul. 7, 1999 | |
|
B116873
|
Brunson v. Department of Motor Vehicles
Requirement that social security number be provided to obtain or renew driver's license satisfies 'rational basis' test and doesn't violate First Amendment. |
Constitutional Law |
|
Jul. 7, 1999 | |
|
G022388
|
People v. Mejia
Defendant fleeing from car is guilty of firearm possession within school zone, if car is partially within zone. |
Criminal Law and Procedure |
|
Jul. 7, 1999 | |
|
S070114
|
Ramirez v. Yosemite Water Co. Inc.
'Outside salesperson' excluded from overtime laws, is one who regularly works outside the workplace for more than half the working time involved in sales activities. |
Labor Law |
|
Jul. 7, 1999 | |
|
S071467
|
Fukuda v. City of Angels
Presuming the correctness of administrative findings is required when exercising judicial review. |
Administrative Agencies |
|
Jul. 7, 1999 | |
|
99-104
|
Guy B. Meyers
Suit can proceed to determine if person can serve as director of water district and live outside district. |
Government |
|
Jul. 7, 1999 |
