| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D023283
|
Artiglio v. General Electric Co.
Supplier of silicone used in manufacturing breast implants owes no duty of care to recipients of implants. |
Torts |
|
May 20, 1999 | |
|
G020481
|
Gary B., a Minor
Court properly considers firearm enhancement at sentencing despite the allegation's dismissal pursuant to plea bargain. |
Juveniles |
|
May 20, 1999 | |
|
B107899
|
Montgomery v. Cal Accountants Mutual Insurance Co.
In action by partner against accounting firm, summary judgment in favor of insurer is proper. |
Insurance |
|
May 20, 1999 | |
|
A081220
|
Contra Costa Newspapers Inc. v. Superior Court (Bishop)
Court order restricting press contact with former jurors is without jurisdiction and is impermissibly overbroad. |
Civil Procedure |
|
May 20, 1999 | |
|
C025634
|
Friery v. Sutter Buttes Savings Bank
Senior lienholders have no duty to junior lienholder who hasn't subordinated and has no special relationship. |
Real Property |
|
May 20, 1999 | |
|
A071528
|
The Application Group Inc. v. The Hunter Group Inc.
California law applies to covenant not to compete between in-state employer recruiting nonresident for employment. |
Employment Law |
|
May 20, 1999 | |
|
B109104
|
Mabie v. Hyatt
Defendant who successfully defends a legitimate claim and a malicious claim may sue for malicious prosecution. |
Torts |
|
May 20, 1999 | |
|
96-10561
|
U.S. v. Albers
Houseboat falls within vehicle exception to Fourth Amendment's warrant requirement. |
Criminal Law and Procedure |
|
May 20, 1999 | |
|
96-17074
|
Northcoast Environmental Center v. Glickman
Federal agency's 'action plan' setting species preservation and timber sales guideline doesn't require environmental impact statement. |
Environmental Law |
|
May 20, 1999 | |
|
96-16987
|
Eslaminia v. White
Jury consideration of damaging unadmitted audiotape of defendant's nontestifying sibling is prejudicial error requiring new trial. |
Criminal Law and Procedure |
|
May 20, 1999 | |
|
96-50397
|
U.S. v. Lowe
Appellate court lacks jurisdiction to review denial of sentence reduction based on amended sentencing range. |
Criminal Law and Procedure |
|
May 20, 1999 | |
|
97-70732
|
Aguilar-Escobar v. INS
Refugee who does not qualify for asylum may seek remedy under Central American Relief Act. |
Immigration |
|
May 20, 1999 | |
|
95-56632
|
Astaire v. Best Film & Video Corp.
Videotape manufacturer can use decease entertainer's movie clips for internal advertising of instructional videotapes. |
Intellectual Property |
|
May 20, 1999 | |
|
B103978
|
Family Planning Associates Medical Group Inc. v. Belshe
Pre-abortion examination utilizing cervical dilator must be billed to Medi-Cal as part of abortion procedure. |
Administrative Agencies |
|
May 20, 1999 | |
|
G019924
|
Shea v. Department of Motor Vehicles
Forensic alcohol report prepared by unsupervised trainee can't qualify under public employee exception to hearsay rule. |
Criminal Law and Procedure |
|
May 20, 1999 | |
|
G017832
|
Pepperell v. Scottsdale Insurance Co.
Liability insurer has duty to defend construction defect suit under "continuous injury" trigger of coverage. |
Insurance |
|
May 20, 1999 | |
|
B114718
|
Washington International Insurance Co. v. Superior Court (G.K. Backlund Inc.)
Surety on public works payment bond must pay interest penalty imposed under Public Contract Code. |
Insurance |
|
May 20, 1999 | |
|
C027893
|
City of South Lake Tahoe v. Superior Court (Markham)
Removal of stop sign doesn't create dangerous condition if no duty to provide stop sign. |
Torts |
|
May 20, 1999 | |
|
S066874
|
Kobzoff v. Los Angeles County/Harbor UCLA Medical Center
County may recover costs where plaintiffs lack either reasonable belief or good faith in filing or maintaining suit. |
Government |
|
May 20, 1999 | |
|
S066198
|
People v. Cotton
Order |
|
May 20, 1999 | ||
|
97-0549
|
State v. Holm
Conviction for possession of drug paraphernalia doesn't constitute lesser-included offense under Arizona Law. |
Criminal Law and Procedure |
|
May 20, 1999 | |
|
S066488
|
People v. Alvarez
Order |
|
May 20, 1999 | ||
|
S066143
|
People v. Callihan
Order |
|
May 20, 1999 | ||
|
B110351
|
Gentis v. Safeguard Business Systems Inc.
Persons who solicit orders but lack authority to enter contracts are franchisees. |
Contracts |
|
May 20, 1999 | |
|
96-10110
|
U.S. v. Aviles
Drug task force member can't withhold information material to wiretap application to protect separate investigation. |
Criminal Law and Procedure |
|
May 20, 1999 | |
|
G022570
|
Hollister v. Benzl
A patient is bound by an arbitration agreement with a physician if she voluntarily signed it prior to receiving medical treatment. |
Civil Procedure |
|
May 20, 1999 | |
|
98-611
|
Hon. Liz Figueroa
Health care plan corporation can't make arrangement with cosmetic service providers for services at lower rate & fee collection arrangement. |
Contracts |
|
May 20, 1999 | |
|
E021505
|
Erickson v. Aetna Health Plans of California, Inc.
Arbitration clause in health care manual is binding under general principles of contract law in California. |
Insurance |
|
May 20, 1999 | |
|
E022141
|
Trudgeon v. Fantasy Springs Casino
Tribal corporation has sovereign immunity in its casino operation because its purpose and activities are considered extensions of the tribe. |
Native American Affairs |
|
May 20, 1999 | |
|
H017187
|
Benavidez v. San Jose Police Department
Police failure to protect woman and her son from brutal attack by boyfriend, doesn't create a 'special relationship' duty under negligence theory. |
Torts |
|
May 20, 1999 |
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