| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S067238
|
Malcolm on Habeas Corpus
Order |
|
May 25, 1999 | ||
|
S057616
|
People v. Mays
Order |
|
May 25, 1999 | ||
|
E016260
|
Pelkey v. Allstate Insurance Company
Bad faith action must plead specific economic consequences and 'without-proper-cause' facts to survive demurrer. |
Insurance |
|
May 25, 1999 | |
|
S068878
|
People v. Rose
Imposition of two 25-years-to-life terms for rape of one victim is proper. |
Criminal Law and Procedure |
|
May 25, 1999 | |
|
94-15976
|
Bay Area Laundry and Dry Cleaning Pension Trust Fund v. Ferbar Corporation of California
Order |
|
May 25, 1999 | ||
|
97-1536
|
AZ Dept. of Revenue v. Blaze Construction Co.
Certiorari granted |
|
May 25, 1999 | ||
|
S064640
|
Vineyards v. Monterey Peninsula Water Management District
Order |
|
May 25, 1999 | ||
|
B111013
|
Diediker v. Peelle Financial Corporation
Under federal statute, trustee isn't required to notify IRS, which had lien, of foreclosure sale. |
Insurance |
|
May 25, 1999 | |
|
C018274
|
Fukuda v. City of Angels Camp
City must prove in administrative mandamus proceedings that weight of evidence supports officer's termination. |
Civil Procedure |
|
May 25, 1999 | |
|
S065957
|
People v. Johnson
Order |
|
May 25, 1999 | ||
|
S065752
|
Arlington Investment Co. v. Tarcher
Lender isn't prohibited from maintaining negligent misrepresentation action against third party non-borrower who induced loan. |
Banking |
|
May 25, 1999 | |
|
S049295
|
People v. Williams
Order |
|
May 25, 1999 | ||
|
H016554
|
Covarrubias v. Superior Court (People)
Court has discretion on whether to require individual sequestered voir dire in capital murder case. |
Criminal Law and Procedure |
|
May 25, 1999 | |
|
A070295
|
Sears v. Baccaglio
Party can fail to recover monetary judgment yet prevail for collection of attorney fees purposes. |
Contracts |
|
May 25, 1999 | |
|
E018932
|
Harris v. King
Doctor's medical report to State Compensation Insurance Fund is privileged prelitigation communication barring defamation action. |
Torts |
|
May 25, 1999 | |
|
A078680
|
McColm v. Westwood Park Association
Vexatious litigant is properly ordered to post undertaking as condition to proceeding with appeal. |
Civil Procedure |
|
May 25, 1999 | |
|
C015891
|
Akins v. The State of California
Reasonableness test inapplicable if governmental flood control works floods property not historically subject to flooding. |
Real Property |
|
May 25, 1999 | |
|
97-80702
|
Hamilton v. Calderon
Order |
|
May 25, 1999 | ||
|
96-55359
|
Patel v. Reno
Visa application of citizen's spouse cannot be held in abeyance pending outcome of denaturalization proceedings. |
Immigration |
|
May 25, 1999 | |
|
95-16991
|
Santamaria v. Horsley
Double jeopardy doesn't prevent reintroduction of weapon use despite first jury's finding of no weapon enhancement. |
Criminal Law and Procedure |
|
May 25, 1999 | |
|
S061138
|
Cuadra v. Millan
Labor Commissioner must calculate back pay from date claims are filed, not heard. |
Administrative Agencies |
|
May 25, 1999 | |
|
S007386
|
People v. Hill
Pervasive misconduct by prosecutor and multiple prejudicial errors require reversal of conviction and death sentence. |
Criminal Law and Procedure |
|
May 25, 1999 | |
|
96-15506
|
Allstate Insurance Co. v. Alamo Rent-A-Car Inc.
Order |
|
May 25, 1999 | ||
|
B111973
|
People v. DeSimone
Two 'multiple victim' circumstance findings may be made in single case under 'one strike' law. |
Criminal Law and Procedure |
|
May 25, 1999 | |
|
A078087
|
Zamudio v. State of California
Tort Claims Act doesn't obligate public entity to defend employee sued solely due to union duties. |
Government |
|
May 25, 1999 | |
|
B114125
|
Brown v. FSR Brokerage Inc.
Brokers are liable for damages when they breach fiduciary duties while representing both buyer and seller. |
Real Property |
|
May 25, 1999 | |
|
D029325
|
Ninfa S., a Minor
Alleged father's rights aren't violated by not continuing termination hearing to complete paternity testing. |
Juveniles |
|
May 25, 1999 | |
|
B094459
|
Kasper v. Cedars-Sinai Medical Center
Appeal of summary judgment filed over 60 days after entry of judgment is dismissed as untimely. |
Civil Procedure |
|
May 25, 1999 | |
|
B109505
|
Quackenbush v. Mission Insurance Co.
Permitting submission of estimated claims doesn't force estimated payment of incurred liability. |
Insurance |
|
May 25, 1999 | |
|
D025554
|
County Mobilehome Positive Action Committee Inc. v. County of San Diego
Mobilehome rent regulation ordinance impermissibly restricts future County Board's exercise of police power. |
Constitutional Law |
|
May 25, 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