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Name Category Published
Josue S., a Minor
Minor can't raise constitutional challenge to probation conditions for the first time on appeal if he had opportunity to object earlier. 		Juveniles Jun. 28, 1999
Norwest Mortgage, Inc. v. Superior Court of San Diego County
Nationwide class certification for claim based on California statute is inappropriate if proposed class includes non-California residents wronged by defendant's conduct outside California. 		Civil Procedure Jun. 28, 1999
Kelly v. First Astri Corp.
Action to recover gambling losses on Indian reservation is barred due to public policy against judicial resolution of lawful or unlawful gambling transactions. 		Criminal Law and Procedure Jun. 28, 1999
Howard Jarvis Taxpayers Association v. City of San Diego
Proposition requiring voter approval of taxes and assessments doesn't apply to city's levy of assessments on businesses to fund property-related improvements. 		Taxation Jun. 28, 1999
Sanchez v. Lindsey Morden Claims Services Inc.
Independent insurance claims adjuster has no duty to insured with whom it has no contract. 		Insurance Jun. 28, 1999
Flahive v. City of Dana Point
Commissioner can issue abatement warrant when party adversely affected by it appears and stipulates to have commissioner hear the matter. 		Real Property Jun. 28, 1999
Recorder v. Commission on Judicial Performance
Commission on Judicial Performance must disclose how members voted in formal disciplinary proceedings, but isn't required to conduct its deliberations in public. 		Government Jun. 28, 1999
Baines Pickwick Limited v. The City of Los Angeles
Claims presentation requirements of Tort Claims Act applies in tort and contract claims against government entities. 		Contracts Jun. 28, 1999
People v. Jung
Defendant's intent to cause pain and suffering is critical element of crime of torture, not pain actually suffered by victim. 		Criminal Law and Procedure Jun. 28, 1999
Scripps Health v. Marin
Mother's son can't be barred from hospital where he doesn't pose threat of future harm to hospital employees. 		Torts Jun. 28, 1999
People v. Vorise
Shooting incapacitated victim twice in chest at close range sufficiently supports first degree murder charge, with special circumstance. 		Criminal Law and Procedure Jun. 28, 1999
Johnson v. Stanhiser
Where substantial evidence supports proof of actual damages at default prove-up hearing, prevailing party is entitled to award. 		Civil Procedure Jun. 28, 1999
City of Burbank v. Burbank-Glendale-Pasadena Airport Authority
City retains power to regulate land use regarding safety and noise control, when regulation doesn't intrude on areas of exclusive federal regulation. 		Government Jun. 28, 1999
Wilson v. Wal-Mart Stores, Inc.
Success of complaint of attorney misconduct for first time on appeal ultimately rests on whether harm not curable by timely objection and admonition results in miscarriage of justice. 		Torts Jun. 28, 1999
People v. Gomez
Evidence of battered women's syndrome isn't relevant unless sufficient factual evidence exists showing that victim is battered woman. 		Criminal Law and Procedure Jun. 28, 1999
People v. Robinson
A special instruction given to jury during sanity phase of defendant's trial, although inappropriate, doesn't warrant reversal. 		Criminal Law and Procedure Jun. 28, 1999
Estate of Peterson
Beneficiary who has probable cause and contests will benefiting someone who aided in will's execution, is exempt from will's no contest clause. 		Probate and Trusts Jun. 28, 1999
People v. Patterson
Court's failure to instruct jury on defendant's 'intent' to facilitate drug sale isn't prejudicial error since statute doesn't require intent for conviction. 		Criminal Law and Procedure Jun. 28, 1999
Haley v. Dow Lewis Motors Inc.
Trial court must allow plaintiff opportunity to amend his complaint to substitute a bankruptcy trustee as a party plaintiff. 		Civil Procedure Jun. 28, 1999
Benavidez v. San Jose Police Department
Police failure to protect woman and her son from brutal attack by boyfriend, doesn't create a 'special relationship' duty under negligence theory. 		Torts Jun. 28, 1999
McComber v. Wells
Pre-verdict settlement between co-defendants and plaintiff may be used to reduce economic damages against nonsettling defendant. 		Torts Jun. 28, 1999
Bank of America v. Angel View Crippled Children's Foundation
Probate Code sections enacted in 1993 apply retroactively, and must be satisfied to validate gift to attorney-beneficiary who drafted trust. 		Probate and Trusts Jun. 28, 1999
Hood v. Superior Court (Sears, Roebuck & Co.)
Appointment of discovery referee, to determine petitioner's ability to pay fees, requires finding of extenuating circumstances. 		Civil Procedure Jun. 28, 1999
People v. Henley
When alleging prior felony as "serious" for purposes of the three strikes law, the prosecution has the burden of proving that the party injured was not an accomplice. 		Criminal Law and Procedure Jun. 28, 1999
People v. Baker
Felony-murder rule doesn't apply to conspiracy to commit assault with a deadly weapon. 		Criminal Law and Procedure Jun. 28, 1999
People v. Jung
Defendant's intent to cause pain and suffering is critical element of crime of torture, not pain actually suffered by victim. 		Criminal Law and Procedure Jun. 28, 1999
Capistrano Beach Water District v. Taj Development Corp.
Developer isn't entitled to refund of sewer connection fees and capacity charges paid to connect hotel to sanitation district's sewer system. 		Government Jun. 28, 1999
People v. Fowler
Prior juvenile adjudication can be used as a strike when it occurred without a jury trial or waiver of a jury trial. 		Criminal Law and Procedure Jun. 28, 1999
People v. Adame
Introduction of testimony of accomplice who received favorable sentencing treatment isn't error. 		Criminal Law and Procedure Jun. 28, 1999
Cassel v. Kolb
Collateral defined in Uniform Commercial Code financing statement is adequate to provide notice inquiry and perfect security interest. 		Business Law Jun. 28, 1999
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