| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
96-56217
|
Catalina Cruises Inc. v. Luna
Vessel operator breaches duty of care by failing to alter course despite known hazardous weather conditions. |
Torts |
|
Jun. 6, 1999 | |
|
97-70139
|
Calderon v. U.S. District Court (Malone)
District court order regarding extradition isn't reviewable by mandamus when ordinary appeal is available. |
Criminal Law and Procedure |
|
Jun. 6, 1999 | |
|
96-35813 and 96-36020
|
Ace v. Aetna Life Insurance Co.
Under Alaska law, health insurer's bad faith actions in denying disability claim warranted punitive damages. |
Insurance |
|
Jun. 6, 1999 | |
|
97-10045
|
U.S. v. Mann
Order |
|
Jun. 6, 1999 | ||
|
S055679
|
LaTourette v. WCAB
Employee's death isn't compensable since heart attack didn't arise out of and in course of employment. |
Workers' Compensation |
|
Jun. 6, 1999 | |
|
B111164
|
Pineda v. Ennabe
Landlord doesn't owe duty of care to assure tenant's children don't fall out of windows. |
Torts |
|
Jun. 6, 1999 | |
|
B113291
|
Generale Bank Nederland N.V. v. Eyes of the Beholder LTD
Failure to meet burden of proof resulting in adverse judgment doesn't trigger 'mandatory attorney fault' provision. |
Business Law |
|
Jun. 6, 1999 | |
|
F024600
|
People v. Cook
Fact that key element of crime is performed by another doesn't make accomplice aider and abettor. |
Criminal Law and Procedure |
|
Jun. 6, 1999 | |
|
B108517
|
Robert F. Kennedy Medical Center v. State Dept. of Health Services
Health Department can collect past liability from health care provider by offsetting future Medi-Cal payments. |
Government |
|
Jun. 6, 1999 | |
|
G022147 and G022157
|
Marriage of Buzzanca
Husband and wife are deemed lawful parents after surrogate bears biologically unrelated child on their behalf. |
Family Law |
|
Jun. 6, 1999 | |
|
B116602
|
Townsend v. Superior Court
Discovery sanctions cannot be awarded to parties who aren't discovery proponents but joined motion to compel. |
Administrative Agencies |
|
Jun. 6, 1999 | |
|
B110639
|
Schonfeldt v. State of California
No liability of public entity is created if government property used for unforeseeable use. |
Government |
|
Jun. 6, 1999 | |
|
C028572
|
Maribel v. Superior Court of Sacramento County (Sacramento County Department of Health and Human Services)
Judicial Council cannot amend court rule in manner that contradicts statute. |
Civil Procedure |
|
Jun. 6, 1999 | |
|
F025931
|
Ochoa v. Pacific Gas and Electric Co.
Where declaration lacks foundation, it is insufficient to raise triable issue of material fact. |
Civil Procedure |
|
Jun. 6, 1999 | |
|
S052695
|
People v. Reese,
'Three strikes' sentence of 25 years to life doesn't violate prohibitions against cruel and unusual punishment. |
Criminal Law and Procedure |
|
Jun. 6, 1999 | |
|
H015980
|
People v. Steffens
Fraudulent charges are a necessary element of crime of altering access card account information. |
Criminal Law and Procedure |
|
Jun. 6, 1999 | |
|
D027755
|
People v. Beal
Trial court can condition probation on abstention from alcohol by defendant. |
Criminal Law and Procedure |
|
Jun. 6, 1999 | |
|
96-56756
|
Furguiel v. Benov
Prisoner's prior armed robbery conviction renders him ineligible for sentence reduction based on drug program completion. |
Criminal Law and Procedure |
|
Jun. 6, 1999 | |
|
96-35827
|
United States v. Bering Strait School District
School District isn't a 'state' for purposes of reimbursement under Indian Health Care Improvement Act. |
Education |
|
Jun. 6, 1999 | |
|
96-70340
|
City of Los Angeles v. FAA
Agency conclusion that airport terminal expansion won't materially affect usage satisfies statute's 'hard look' requirement. |
Environmental Law |
|
Jun. 6, 1999 | |
|
93-16754
|
State of California v. Campbell
Summary adjudication to defendant on state nuisance and environmental claims as part of injunction is appealable. |
Environmental Law |
|
Jun. 6, 1999 | |
|
96-56673
|
Abboud v. INS
Immigrant visa applicant who is beneficiary of a relative petition has standing to appeal petition. |
Immigration |
|
Jun. 6, 1999 | |
|
96-56738
|
PacOrd Inc. v. United States
Subcontractor can enforce government's oral guarantee of payment by general contractor as implied-in-fact contract. |
Government |
|
Jun. 6, 1999 | |
|
96-56818
|
Avemco Insurance Co. v. Davenport
Change in design of aircraft fuel system bars coverage under aircraft liability policy. |
Insurance |
|
Jun. 6, 1999 | |
|
97-70180 and 97-70184
|
McNutt v. Benefits Review Board
Per diem used for food or lodging isn't includable as 'wage' for purposes of calculating disability benefits. |
Workers' Compensation |
|
Jun. 6, 1999 | |
|
D026393
|
People v. Armigo
Jury instruction on conspiracy to commit second degree express malice murder is properly given. |
Criminal Law and Procedure |
|
Jun. 6, 1999 | |
|
D024899, D025100, D025103 and D025104
|
Webb v. Eldorado Colleges Inc.
Alleged fraud which could provide basis for rescission of contract doesn't preclude enforcement of arbitration clause. |
Contracts |
|
Jun. 6, 1999 | |
|
A075003
|
Mission Housing Development Company v. City and County of San Francisco
Assessment board's failure to make timely determination entitles taxpayers to use their property value opinion. |
Taxation |
|
Jun. 6, 1999 | |
|
95-99025
|
Carriger v. Stewart
Order |
|
Jun. 6, 1999 | ||
|
96-16135
|
Crist v. Leippe
District court has jurisdiction over broad challenge to constitutionality of action by Federal Aviation Administration. |
Administrative Agencies |
|
Jun. 6, 1999 |
