| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
A073292
|
Delaney v. Baker
Damages for pain and suffering are permissible under Elder Abuse and Dependent Adult Civil Protection Act. |
Torts |
|
Jun. 7, 1999 | |
|
95-99018
|
Gerlaugh v. Stewart
Defense attorney isn't ineffective per se for not arguing against death penalty at sentencing hearing. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
95-16704
|
Henry v. The County of Shasta
Post-event evidence is admissible to prove municipal policy or custom of unconstitutional treatment of arrestees. |
Civil Rights |
|
Jun. 7, 1999 | |
|
96-35713
|
Enron Oil Trading & Transportation Co. v. Walbrook Insurance Co. Ltd.
Pollution exclusion doesn't apply to losses from addition of foreign substance to crude oil through pipeline. |
Insurance |
|
Jun. 7, 1999 | |
|
H015142 and H015728
|
State Farm Fire & Casualty Company v. Century Indemnity Company
Insurer of school district doesn't have duty to defend teacher accused of sexually molesting students. |
Insurance |
|
Jun. 7, 1999 | |
|
95-99005
|
Bloom v. Calderon
Ineffective assistance of counsel results from not providing psychiatrist available evidence of defendant's mental illness. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
B111932
|
Mitchell v. County of Los Angeles
County's valuation of property for tax purposes must involve an analysis based on comparable sales. |
Taxation |
|
Jun. 7, 1999 | |
|
E017912
|
Dole Citrus v. State of California
Insufficient evidence is presented for state to lose design immunity protection due to changed circumstances. |
Torts |
|
Jun. 7, 1999 | |
|
G016245
|
Caro v. Smith
Sanctions are imposed on attorneys who agree to binding arbitration and then appeal the award. |
Torts |
|
Jun. 7, 1999 | |
|
B105413
|
People v. Chevalier
Verdict for drug conspiracy weight allegation doesn't require substantial involvement in the underlying offense element. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
95-16402
|
Marques v. Telles Ranch Inc.
Under WARN, seasonal agricultural workers suffer 'employment loss' at earliest time they could expect recall. |
Labor Law |
|
Jun. 7, 1999 | |
|
96-10575
|
U.S. v. Johnson
In transporting minor for criminal sexual activity, 'intent' element applies to sexual conduct, not transporting victim. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
96-30342
|
United States v. Apex Oil Co. Inc.
Oil constituents aren't covered under federal law barring cargo-related oil residue discharge at sea. |
Environmental Law |
|
Jun. 7, 1999 | |
|
G015895
|
Marriage of Schulze
Family support order taking over 83 percent of non-custodial parent's after-tax income is error. |
Family Law |
|
Jun. 7, 1999 | |
|
D028509 and D028762
|
Industrial Indemnity Co. v. WCAB
California Insurance Guarantee Association isn't liable for employee's cumulative injuries where other insurers are adjudicated liable. |
Workers' Compensation |
|
Jun. 7, 1999 | |
|
B100904
|
People v. Dawson
Felony murder jury instruction is sufficient when prosecutor relies on 'natural and probable consequences' doctrine. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
A074718
|
Snyder v. United States Fidelity & Guaranty Co.
Absent court order of release, surety is liable for embezzlement losses from guardianship estate. |
Probate and Trusts |
|
Jun. 7, 1999 | |
|
95-35041
|
Peterson v. Minidoka County School
Principal's reassignment based on decision to home school children is violation of free exercise of religion. |
Civil Rights |
|
Jun. 7, 1999 | |
|
D027174
|
Estate of Dawes
Liability for debts incurred before or during marriage continues after death of one spouse. |
Probate and Trusts |
|
Jun. 7, 1999 | |
|
D025024, D025023 and D024993
|
People v. Harrison
Sentence for one matter must reflect that enhancement carries term one-third of other enhancement. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
B111025
|
Steinfeld v. Foote-Goldman Proctologic Medical Group Inc.
Prejudgment interest is not an element of damages to be included in the final judgment. |
Torts |
|
Jun. 7, 1999 | |
|
S055368
|
Cindy L., a Minor
Finding that sexually abused child isn't competent to testify doesn't preclude admission of child's hearsay testimony. |
Juveniles |
|
Jun. 7, 1999 | |
|
97-1130
|
Pfaff v. Wells Elec., Inc.
Certiorari granted |
|
Jun. 7, 1999 | ||
|
B113880
|
Farnham v. Superior Court (Sequoia Holdings Inc.)
Contractual waiver of employee's right to sue corporation's officers, directors, and shareholders not unenforceable per se. |
Torts |
|
Jun. 7, 1999 | |
|
B109959
|
People v. Superior Court (Blakely)
Lack of effective treatment for defendant's medical condition doesn't preclude extended commitment in state hospital. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
C023965
|
Hall v. Butte Home Health Inc.
Restrictive covenant prohibiting group home for disabled is unenforceable. |
Real Property |
|
Jun. 7, 1999 | |
|
C024030 and C024822
|
NBS Imaging Systems Inc. v. State Board of Control (Polaroid Corp.)
Court cannot reverse decision of administrative board based on legal theory never raised in administrative proceedings. |
Administrative Agencies |
|
Jun. 7, 1999 | |
|
C017627
|
Buzgheia v. Leasco Sierra Grove
Contractor has burden to prove responsible managing employee was bona fide. |
Contracts |
|
Jun. 7, 1999 | |
|
A075777
|
Trans-action Commercial Investors Ltd. v. Firmaterr Inc.
Counsel cannot be ordered to pay opposing party fees and costs as sanction for causing mistrial. |
Attorneys |
|
Jun. 7, 1999 | |
|
B103415
|
Doheny West Homeowners' Assoc. v. American Guarantee & Liability Insurance Co.
Scope of collapse coverage in property insurance policy extends to both actual and imminent collapse. |
Insurance |
|
Jun. 7, 1999 |
For reprint rights or to purchase a copy of your Daily Journal photo, email Jeremy_Ellis@dailyjournal.com for prices or call 213-229-5424. To buy more copies, call 866-531-1492 or email subscribe@dailyjournal.com