| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
A077483
|
Estate of Smith
Testator's mistaken belief as to how property will be disposed not grounds for denying admission to probate. |
Probate and Trusts |
|
May 21, 1999 | |
|
B107630
|
Rodney F. v. Karen M.
Presumption that cohabiting husband is father of child doesn't violate biological father's due process rights. |
Family Law |
|
May 21, 1999 | |
|
D027299
|
People v. Bell
Court has discretion to impose concurrent sentences for current felonies committed simultaneously. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
H016362
|
People v. Stubbs
Defendant must obtain certificate of probable cause from trial court to challenge propriety of guilty plea. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
B109540
|
Ray v. First Federal Bank of California
Favorable termination occurs when appellate court affirms grant of summary judgment based on statute of limitations. |
Torts |
|
May 21, 1999 | |
|
B110754
|
People v. Satz
No legitimate expectation of privacy in hotel room which is rented using stolen credit card. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
F025758
|
People v. Myers
Reasonable force can be used to resist battery even if person not about to suffer injury. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
C020115
|
Perry v. Perry
Court lacks authority to order grandmother to pay cost of her grandchild's counseling. |
Family Law |
|
May 21, 1999 | |
|
B109755
|
Berg v. MTC Electronic Technologies
Stay of Los Angeles shareholder suit is proper based on pending litigation in New York. |
Civil Procedure |
|
May 21, 1999 | |
|
A076872
|
Flannery v. California Highway Patrol
Fee award in action under California Fair Employment and Housing Act is governed by state law. |
Employment Law |
|
May 21, 1999 | |
|
B113626
|
In re Barfoot
Defendant entitled to resentencing hearing so that trial court may determine whether to strike prior. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
97-29
|
Texas v. United States
Claim for declaration that Education Code provisions don't violate Voting Rights Act isn't ripe for adjudication. |
Civil Rights |
|
May 21, 1999 | |
|
96-1768
|
Feltner v. Columbia Pictures Television Inc.
Seventh Amendment confers right to jury trial in statutory action for copyright infringement. |
Constitutional Law |
|
May 21, 1999 | |
|
98-99000
|
Ceja v. Stewart
Order |
|
May 21, 1999 | ||
|
96-16329
|
Wyler Summit Partnership v. Turner Broadcasting System Inc.
Party to contract may obtain all accrued percentage compensation by waiving installment provision. |
Contracts |
|
May 21, 1999 | |
|
96-10043
|
U.S. v. Garcia
Preponderance of evidence standard applies to subornation of witness perjury finding supporting obstruction of justice enhancement. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
96-16709 and 96-16721
|
Operating Engineers Health and Welfare Trust Fund v. JWJ Contracting Co.
ERISA doesn't pre-empt Arizona statute governing public contractor payment bonds and guarantees by third-party sureties. |
Labor Law |
|
May 21, 1999 | |
|
96-30327
|
U.S. v. Sylve
Assimilative Crimes Act applies to state rehabilitation program of deferred prosecution resembling preconviction probation. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
H016390
|
Kockelman v. Segal
Health care providers aren't entitled to judgment in wrongful death action solely because decedent was outpatient. |
Torts |
|
May 21, 1999 | |
|
B113661
|
State of California v. Superior Court (Woosley)
Class in class action suit against DMV is limited to persons who file timely claims. |
Civil Procedure |
|
May 21, 1999 | |
|
C026314
|
Californians for Political Reform Foundation v. Fair Political Practices Commission
Fair Political Practices Commission regulations regarding political action committees don't conflict with Political Reform Act. |
Government |
|
May 21, 1999 | |
|
A075356 and A075424
|
Chazen v. Centennial Bank
Plaintiff adequately states conversion claim against bank based on charges against account by loan broker. |
Torts |
|
May 21, 1999 | |
|
B115040
|
Lewis v. Superior Court (People)
Superior court clerk isn't empowered to decide whether or not an order is appealable. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
D024647
|
McManis v. The San Diego Postal Credit Union
In wrongful car repossession action, summary judgment for creditor not in compliance with law is error. |
Contracts |
|
May 21, 1999 | |
|
E018978 and E019611
|
Mead v. Sanwa Bank of California
Landowners' deed of trust in favor of developer's construction lender makes them surety but doesn't prevent foreclosure. |
Real Property |
|
May 21, 1999 | |
|
S052788
|
People v. Bennett
Defendant's attorneys aren't incompetent for not challenging investigator's actions since motion wouldn't have been meritorious. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
96-17121
|
El Paso Natural Gas Co. v. Neztsosie
Price-Anderson Act doesn't bar Tribal Court from determining its jurisdiction over member's personal injury claim. |
Native American Affairs |
|
May 21, 1999 | |
|
95-55747 and 95-56467
|
Richards v. Lloyd's of London
Antiwaiver provisions of securities acts don't void choice of law provisions in international insurance underwriting agreement. |
Securities |
|
May 21, 1999 | |
|
96-16526
|
Norman-Bloodsaw v. Lawrence Berkeley Laboratory
Employer violates employee's right to privacy by non-consensually retrieving unrevealed medical information from routine health examination. |
Employment Law |
|
May 21, 1999 | |
|
B093741
|
People v. Hurd
No right to remain silent selectively, and such silence may be used for impeachment purposes. |
Criminal Law and Procedure |
|
May 21, 1999 |
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