| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
E015323
|
Forsyth v. Jones
Plaintiff can bring malpractice suit against discharged bankruptcy debtor to recover from the debtor's insurer. |
Torts |
|
Jun. 12, 1999 | |
|
95-1957
|
Bankruptcy of Folks
Creditor is time-barred from pursuing general alter ego claim, despite trustee's nunc pro tunc abandonment. |
Bankruptcy |
|
Jun. 12, 1999 | |
|
96-1817
|
Bankruptcy of Younie
State court default judgment for fraud precludes relitigation of dischargeability issues. |
Bankruptcy |
|
Jun. 12, 1999 | |
|
96-1679
|
Bankruptcy of S.S. Retail Stores Corp.
Disqualification of attorney from representing debtor isn't attributable to his firm under Bankruptcy Code. |
Bankruptcy |
|
Jun. 12, 1999 | |
|
96-1735
|
Bankruptcy of Rothery
Rule 12(b)(6) motion is treated as Rule 56 summary judgment motion on introduction of extrinsic evidence. |
Bankruptcy |
|
Jun. 12, 1999 | |
|
96-2127
|
Bankruptcy of Mulvania
Debtor must have opportunity to conduct discovery regarding whether IRS sent him notice of assessment. |
Bankruptcy |
|
Jun. 12, 1999 | |
|
96-1064
|
Bankruptcy of Padilla
Totality of circumstances supports finding Chapter 13 petition was filed in good faith |
Bankruptcy |
|
Jun. 12, 1999 | |
|
H016221
|
Swan Magnetics Inc. v. Superior Court (Antek Peripherals Inc.)
Arbitrator, not superior court, can modify Injunction issued after arbitration based on changed circumstances. |
Civil Procedure |
|
Jun. 12, 1999 | |
|
A073484
|
People v. Trippet
Marijuana possession conviction remanded to determine whether doctor had approved use under Proposition 215. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
95-2329
|
Kimble v. Metropolitan Life Insurance Co.
ERISA plan administrator can base interpretation of beneficiaries on designation form despite contrary extraneous evidence. |
Employment Law |
|
Jun. 12, 1999 | |
|
96-15934
|
Zamarripa v. City of Mesa
State criminal court's determination confession was voluntary is not final and doesn't bar further litigation |
Civil Rights |
|
Jun. 12, 1999 | |
|
96-545
|
Evans v. Runyon
Failure to present evidence sufficient to establish prima facie case of discrimination warrants dismissal. |
Employment Law |
|
Jun. 12, 1999 | |
|
94-56584
|
Liston v. County of Riverside
No qualified immunity for officer who doesn't mention property's sale signs in search warrant affidavit. |
Civil Rights |
|
Jun. 12, 1999 | |
|
D023202
|
Federal National Mortgage Association v. Bugna (Kent)
Secured creditor only entitled to claim rents paid after creditor's post-default written demand for rent. |
Real Property |
|
Jun. 12, 1999 | |
|
B105110
|
Elliott & Ten Eyck Partnership v. City of Long Beach
Judge acting as 'arbitrator' pursuant to parties' agreement exercises judicial powers with authority to modify decision. |
Contracts |
|
Jun. 12, 1999 | |
|
B099982
|
Robert L. Hix Trust v. American Honda Motor Co. Inc.
Plaintiffs need not exhaust administrative remedies before New Motor Vehicle Board for claim outside Board's jurisdiction. |
Administrative Agencies |
|
Jun. 12, 1999 | |
|
H015724
|
Carlos V., a Minor
Double jeopardy doesn't attach after first hearing ends in mistrial due to judge's self-disqualification. |
Juveniles |
|
Jun. 12, 1999 | |
|
G016138
|
Redfeather v. Chevron USA Inc.
Indemnity agreement doesn't affect rule precluding contractor's vicarious liability for injury of independent contractor's employee. |
Torts |
|
Jun. 12, 1999 | |
|
E018126
|
Barer v. County of Riverside
Property taxes and tax liens are not eliminated by non-judicial foreclosure by senior lienholder. |
Real Property |
|
Jun. 12, 1999 | |
|
B103595
|
People v. Barnes
Defendant did not constructively possess vial of rock cocaine thrown at him by drug dealer. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
B100474
|
Roth v. Parker
Appeal from denial of recusal motion is dismissed for failure to seek timely writ review. |
Judges |
|
Jun. 12, 1999 | |
|
G016554
|
Argame v. Werasophon
Defendants' failure to move to compel damages statement waives right to exclude damages evidence at trial. |
Civil Procedure |
|
Jun. 12, 1999 | |
|
E017954
|
Kirchmann v. Lake Elsinore Unified School District
Employee is improperly suspended for protected speech concerning matter of significant public importance. |
Constitutional Law |
|
Jun. 12, 1999 | |
|
96-30178
|
U.S. v. Martinez
Two-month delay in defendant's agreement to drug transactions supports reluctance finding for entrapment defense. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
B109203
|
People v. Saldana
Trial court can reconsider defendant's sentence after unsuccessful appeal despite prior appellate ruling affirming sentence. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
F025980
|
Maxwell v. Cooltech Inc.
Serving opposing party's attorney with record of motion to vacate dismissal is valid. |
Civil Procedure |
|
Jun. 12, 1999 | |
|
D020486
|
Robinson v. Grossman
Statute doesn't require brokers to independently verify or disclaim seller's representations regarding property defects. |
Real Property |
|
Jun. 12, 1999 | |
|
G017211
|
Dorn v. Solomon
Wife cannot defeat joint tenancy before death and husband gets full title to property. |
Real Property |
|
Jun. 12, 1999 | |
|
B104666
|
Quackenbush v. Superior Court (Lyons)
Commissioner needn't warn public nor bar underwritten title company from doing business after code violations. |
Insurance |
|
Jun. 12, 1999 | |
|
B106212
|
Service Employees International Union, Local 620 v. City of Santa Barbara
Subsequent rescission election is permitted to rescind agency shop despite its creation by election. |
Labor Law |
|
Jun. 12, 1999 |
