| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B101267
|
Aktar v. Anderson
California Department of Social Services must comply with federal law and involuntarily collect food stamp overissuances. |
Administrative Agencies |
|
Jun. 3, 1999 | |
|
C024294
|
Efstratis v. First Northern Bank of Dixon
Confession of judgment by party who is also an attorney is invalid since independent counselor required. |
Civil Procedure |
|
Jun. 3, 1999 | |
|
B114725
|
Urban Pacific Corporation v. Superior Court (Steiner & Libo)
Business records subpoena cannot be used to avoid court reporter's fee for copy of deposition transcript. |
Civil Procedure |
|
Jun. 3, 1999 | |
|
B099959
|
People v. Carreon
Enhancement that is dismissed twice is barred from prosecution. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
B109675
|
People v. Owens
Defendant isn't subjected to discrimination where decision to prosecute was motivated by fact he was policeman. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
G016245
|
Caro v. Smith
Sanctions are imposed on attorneys who agree to binding arbitration and then appeal the award. |
Torts |
|
Jun. 3, 1999 | |
|
S057119
|
Emerson Electric Co. v. Superior Court (Grayson)
Deponent's failure to comply with order compelling nonverbal 'answer' warrants sanctions, including evidence preclusion. |
Civil Procedure |
|
Jun. 3, 1999 | |
|
G019511
|
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 | |
|
C024659
|
COD Gas & Oil Co. Inc. v. State Board Of Equalization
Motor fuel retailers are not entitled to refund of sales tax declared unconstitutional. |
Taxation |
|
Jun. 3, 1999 | |
|
B109904
|
North American Chemical Co. v. Superior Court (Trans Harbor Inc.)
Negligent performance of contract obligation can give rise to action in tort. |
Torts |
|
Jun. 3, 1999 | |
|
E016259
|
City of Lake Elsinore v. Ranel Development Co.
Court errs by dismissing eminent domain claim after city fails to adopt resolution of necessity. |
Real Property |
|
Jun. 3, 1999 | |
|
B107536
|
People v. Garcia
Striking prior convictions for some, but not all, of sentencing counts doesn't constitute unauthorized sentence. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
B112606
|
Floveyor International Ltd. v. Superior Court (Shick Tube-Veyor Corp.)
Plaintiff has burden of proving service is valid and court has jurisdiction over defendant. |
Contracts |
|
Jun. 3, 1999 | |
|
A071683
|
Wedeck v. Unocal Corporation
If 'special employment' relationship exists, employee is statutorily barred from tort action against employer. |
Torts |
|
Jun. 3, 1999 | |
|
B101412
|
Marriage of O'Connor
Husband is entitled to pendente lite attorney fees despite his $2 million in assets. |
Family Law |
|
Jun. 3, 1999 | |
|
A078994
|
Morrow v. Hood Communications Inc.
Stipulated reversal motion having no collateral estoppel effect or effect on future litigation is granted. |
Civil Procedure |
|
Jun. 3, 1999 | |
|
C022484
|
Souza v. Lauppe
Farmer cannot sue neighbor for nuisance when offending farming activity lasted more than 3 years. |
Torts |
|
Jun. 3, 1999 | |
|
96-17038
|
Bankruptcy of Bartoni-Corsi Produce Inc.
Under California law, bank doesn't convert debtor's check, which lacks endorsement, by making board-authorized deposit. |
Bankruptcy |
|
Jun. 3, 1999 | |
|
96-17087
|
Cybersell Inc. v. Cybersell Inc.
Alleged infringement of website service mark doesn't provide personal jurisdiction in mark holder's place of business. |
Intellectual Property |
|
Jun. 3, 1999 | |
|
G021411
|
Pfizer Inc. v. Superior Court (Aetna Casualty & Surety Co.)
Insured is entitled to discovery from insurer regarding other insureds whose manufactured medical devices triggered coverage. |
Civil Procedure |
|
Jun. 3, 1999 | |
|
97-70106, 97-70294 and 97-70333
|
Kalaw v. INS
Federal statutory transitional rules bar direct judicial review of attorney general's deportation suspensions within certain time. |
Immigration |
|
Jun. 3, 1999 | |
|
97-1519
|
Bankruptcy of San Rafael Baking Co.
Bankruptcy court lacks authority to allow an administrative expense based on an expired collective bargaining agreement. |
Bankruptcy |
|
Jun. 3, 1999 | |
|
96-1887
|
Bankruptcy of Luz International Inc.
Court cannot adjudicate substantive merits of setoff claim as part of relief from stay motion. |
Bankruptcy |
|
Jun. 3, 1999 | |
|
97-1377
|
Bankruptcy of King Street Investments Inc.
California's anti-deficiency statutes do not preclude damages for constructive fraud after deed in lieu acceptance. |
Bankruptcy |
|
Jun. 3, 1999 | |
|
95-O-13943 and 95-O-15779
|
Greenwood v. State Bar
Default is final 45 days after entry absent lack of notice and compelling circumstances. |
Attorneys |
|
Jun. 3, 1999 | |
|
D027874
|
Taggares v. Superior Court (Mitchell)
Where party indigent, cost-free option should be made available to settle discovery disputes. |
Civil Procedure |
|
Jun. 3, 1999 | |
|
E019418
|
People v. Ward
Statute prohibiting defendant from assaulting mother of defendant's child isn't violated by assault on pregnant ex-girlfriend. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
G018933
|
Saba v. Crater
An offer to compromise must be in writing to satisfy requirements of Civil Procedure Code. |
Civil Procedure |
|
Jun. 3, 1999 | |
|
D024362
|
Marriage of Schofield
State court awarding payment of arrearages doesn't re-label property interest in federal pension plan. |
Family Law |
|
Jun. 3, 1999 | |
|
B106922
|
People v. Wood
Felonies can't be reduced to misdemeanors if prison sentence was imposed before probation was granted. |
Criminal Law and Procedure |
|
Jun. 3, 1999 |
