| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D026437
|
Adam D., a Minor
No provision exists to convert juvenile's formal probation disposition into an informal supervision program. |
Juveniles |
|
Jun. 16, 1999 | |
|
B105238
|
Almar Limited v. County of Ventura
Boat slips are separate locations allowing county to charge each for electric utility meter inspection. |
Government |
|
Jun. 16, 1999 | |
|
B099003
|
Estate of Wathen
Extrinsic evidence is admissible to construe decedent's intent regarding ambiguous tax allocation in will. |
Probate and Trusts |
|
Jun. 16, 1999 | |
|
96-16416
|
Yavapai-Prescott Indian Tribe v. Scott
Goal of economically developing tribe through federal grant doesn't pre-empt state tax on leased tribal property. |
Native American Affairs |
|
Jun. 16, 1999 | |
|
96-55073
|
Lombardi v. City of El Cajon
Officer receives qualified immunity despite omitting facts in warrant affidavit to protect identity of informants. |
Civil Rights |
|
Jun. 16, 1999 | |
|
96-55091, 96-55092, 96-55093, 96-55094, 96-55095, 96-55096 and 95-55097
|
Montrose Chemical Corp. of California v. American Motorists Insurance Co.
Failure to plead corporation's citizenship in diversity action doesn't warrant sanctions against its attorney. |
Attorneys |
|
Jun. 16, 1999 | |
|
90-70548
|
Northwest Environmental Defense Center v. Bonneville Power Administration
For system-wide marketing decision, Bonneville Power Administration needn't provide equitable treatment of fish and wildlife. |
Environmental Law |
|
Jun. 16, 1999 | |
|
S054125
|
People v. Allen
Defendant can collaterally attack prior guilty plea for absence of admonition and waiver of constitutional rights. |
Criminal Law and Procedure |
|
Jun. 16, 1999 | |
|
S052010
|
People v. Moenius
Order |
|
Jun. 16, 1999 | ||
|
E018792
|
People v. Avila
Defendant's suppression motion is denied since officer found drugs during valid stop and frisk. |
Criminal Law and Procedure |
|
Jun. 16, 1999 | |
|
G018273
|
Marriage of Perry
After supporting parent's death, all funds in living trust are subject to child support obligation. |
Family Law |
|
Jun. 16, 1999 | |
|
A073612
|
People v. Bamba
False imprisonment statute is neither unconstitutionally vague nor overbroad. |
Criminal Law and Procedure |
|
Jun. 16, 1999 | |
|
B101267 and B106453
|
Aktar v. Anderson
California Department of Social Services must comply with federal law and involuntarily collect food stamp overissuances. |
Administrative Agencies |
|
Jun. 16, 1999 | |
|
B107718
|
People v. Hinks
Defendants can be convicted of receiving stolen property despite being principals in property theft. |
Criminal Law and Procedure |
|
Jun. 16, 1999 | |
|
B112690
|
School District of Okaloosa County v. Superior Court (City of Orange)
Late-named defendant can disqualify judge despite fact time for other defendants to challenge expired. |
Civil Procedure |
|
Jun. 16, 1999 | |
|
B111050
|
Providence Washington Insurance Co. v. Container Freight Inc.
Whether timeliness of notice to excess carrier is reasonable depends on underlying circumstances and facts. |
Insurance |
|
Jun. 16, 1999 | |
|
B110279
|
Board of Retirement v. Santa Barbara County Grand Jury
Grand jury can investigate alleged delays by retirement board in processing disability retirement applications. |
Government |
|
Jun. 16, 1999 | |
|
D026338
|
Scott v. City of Del Mar
Removal of seawalls and patios encroaching on public beach, is not compensable under takings principles. |
Real Property |
|
Jun. 16, 1999 | |
|
A075675
|
People v. Morgan
After victim changes story at trial, expert testimony of battered women's syndrome can be admitted. |
Criminal Law and Procedure |
|
Jun. 16, 1999 | |
|
A075729
|
People v. Aguilar
'Cruel or extreme pain and suffering' and other terms in torture statute aren't unconstitutionally vague. |
Criminal Law and Procedure |
|
Jun. 16, 1999 | |
|
S057064
|
Snyder v. Michael's Stores Inc.
Child, allegedly injured in utero during mother's employment, isn't barred by workers' compensation from suing employer. |
Torts |
|
Jun. 16, 1999 | |
|
96-35153, 96-35594 and 96-35172
|
Omega Environmental Inc. v. Gilbarco Inc.
Elevated proof of market's 'substantial foreclosure' applies to allegations dominant manufacturer imposed exclusive dealer distributor policy. |
Antitrust |
|
Jun. 16, 1999 | |
|
97-70277
|
Calderon v. U.S. District Court (Beeler)
One-year statute of limitation for filing habeas corpus petition is subject to equitable tolling. |
Criminal Law and Procedure |
|
Jun. 16, 1999 | |
|
97-15356
|
Galt G/S v. JSS Scandinavia
Discretionary attorney fees may be included in amount in controversy for diversity jurisdiction purposes. |
Civil Procedure |
|
Jun. 16, 1999 | |
|
C026653
|
Zachary v. Superior Court (People)
Failure to petition for extended commitment until one month after expiration of commitment violates due process. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
|
B106208
|
American Casualty Co. of Reading, PA. v. O'Flaherty
Insurance carrier cannot bring malpractice action against attorney it did not retain to defend insured. |
Insurance |
|
Jun. 15, 1999 | |
|
B112161
|
Brequia Y., a Minor
Reunification services should not be continued if there is no evidence mother will be rehabilitated. |
Juveniles |
|
Jun. 15, 1999 | |
|
A074293, A073961 and A076612
|
Barr v. ACandS Inc.
Claims from occupational exposure to asbestos are barred by limitations statute after filing of prior suits. |
Torts |
|
Jun. 15, 1999 | |
|
97-25043
|
Bankruptcy of Fernandez
Prior in rem relief from stay applies in subsequent bankruptcy filed by different debtor. |
Bankruptcy |
|
Jun. 15, 1999 | |
|
S053508
|
Mountain Lion Foundation v. California Fish amd Game Commission
Environmental report is required before commission can remove species from threatened species list. |
Environmental Law |
|
Jun. 15, 1999 |
