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Name Category Published
Armato v. Baden
Physicians working with medical group as independent contractors aren't liable for injuries caused by physician assistant employed by group.
Torts Jun. 3, 1999
Seretti v. Superior National Insurance Co.
Shareholders in closed corporation lack standing to pursue insurance bad faith claim against corporation's insurer where policy expressly excludes them from coverage.
Insurance Jun. 3, 1999
People v. 6344 Skyway, Paradise, California
Owners of property seized in civil forfeiture aren't required to pay storage costs for items found not traceable to drug proceeds.
Civil Procedure Jun. 3, 1999
People v. Thurston
Jury instruction on spousal battery is correctly given as general intent crime.
Criminal Law and Procedure Jun. 3, 1999
Blonder v. Cumberland Engineering
Assignee who sells assets subject to security interest still has standing to invalidate that security interest.
Business Law Jun. 3, 1999
People v. Leng
Prior juvenile adjudication that isn't serious or violent felony can't be used to impose second 'strike' sentence.
Criminal Law and Procedure Jun. 3, 1999
People v. Barron
Trial court's failure to state reasons for striking prior felony conviction isn't legally unauthorized sentence which can be raised by government in defendant's appeal.
Criminal Law and Procedure Jun. 3, 1999
SimTel Communications v. National Broadcasting Co.
Secretly videotaping business meeting conducted on outdoor patio of public restaurant isn't an invasion of privacy.
Torts Jun. 3, 1999
City of Morgan Hill v. Seltzer
Terminated attorney doesn't have ownership interest or lien upon fees owing from client to firm.
Attorneys Jun. 3, 1999
Lurye v. City of West Hollywood
Public utility company owes duty to pedestrians to maintain streetlights at crosswalk.
Torts Jun. 3, 1999
Stadish v. Superior Court (Southern California Gas Co.)
Trial court has authority to issue protective order denying discovery of trade secrets, but must employ proper procedures in making ruling.
Civil Procedure Jun. 3, 1999
Logacz v. Brea Community Hospital
Where evidence suggests multiple causes of death in medical malpractice action, refusal of jury instruction regarding concurrent causation is prejudicial error.
Torts Jun. 3, 1999
Trinkle v. California State Lottery
Governmental immunity applies to protect state lottery from claim of unfair competition.
Torts Jun. 3, 1999
People v. Checketts
Parent is liable for false imprisonment of child when confinement is done with intent to endanger the health and safety of the child.
Criminal Law and Procedure Jun. 3, 1999
In re Polk
3-year commitment to mental hospital after finding defendant is incompetent to stand trial applies to aggregate of all commitments under same charges.
Criminal Law and Procedure Jun. 3, 1999
People v. Barella
Defendant doesn't have to be advised of parole eligibility, including longer sentence under three strikes law, prior to guilty plea.
Criminal Law and Procedure Jun. 3, 1999
California Teachers Assoc. v. State of California
Education Code provision, requiring teachers to bear portion of cost of administrative challenge to suspension or dismissal, is unconstitutional.
Education Jun. 3, 1999
PPG Industries Inc. v. Transamerica Insurance Co.
Insurer isn't responsible for punitive damages award when insured's conduct is proximate cause, despite finding that award issued due to insurer's failure to settle.
Insurance Jun. 3, 1999
Plumeau v. School District #40 County of Yamhill
Official investigation of sex charges against school district employee isn't 'actual notice' for student's tort claim.
Torts Jun. 3, 1999
Mount Olympus Property Owners Association, Inc. v. Shpirt
No attorney fees are awarded for property restrictions violations absent common areas between properties.
Real Property Jun. 3, 1999
Hoff v. Vacaville Unified School District
School district owes duty of care to both students and non-students in supervising school parking lot.
Torts Jun. 3, 1999
Lake Cadena Investments LTD. v. City of Colton
City's rent stabilization ordinance is pre-empted by Mobilehome Residency Law.
Real Property Jun. 3, 1999
People v. Gulaya
Medical doctor's conviction for unlawful fee splitting cannot stand absent specific intent jury instruction.
Criminal Law and Procedure Jun. 3, 1999
Bankruptcy of Jenkins
Statutory limit for Chapter 7 trustee's compensation includes fees of paraprofessional trustee hired for routine services.
Bankruptcy Jun. 3, 1999
Credit Suisse v. U.S. District Court (Rosales)
Act of state doctrine bars action against bank after Swiss government freezes Ferdinand Marcos assets.
Banking Jun. 3, 1999
Coughlin v. Rogers
No joinder of mandamus actions against INS delays in processing applications and petitions absent common question.
Immigration Jun. 3, 1999
United States v. M. Cutter Co.
Under Miller Act, personal property lessor can recover sums due between action filing and property return.
Contracts Jun. 3, 1999
TCW Special Credits v. Chloe Z Fishing Co. Inc.
Fishing vessel crewmember hired without contract gets greater of promised salary or highest comparable rate.
Employment Law Jun. 3, 1999
Moeller v. Superior Court (Sanwa Bank)
Predecessor trustee cannot withhold trust administration documents from successor by claiming attorney-client privilege.
Probate and Trusts Jun. 3, 1999
Bankruptcy of Elias
California Franchise Tax Board is immune from bankruptcy action to determine state tax liability.
Bankruptcy Jun. 3, 1999