| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
G016807
|
Bonds v. Roy
Expert testimony may be excluded where expert witness declaration didn't provide fair notice of subject matter. |
Torts |
|
May 10, 1999 | |
|
S048596
|
Cedars-Sinai Medical Center v. Superior Court (Bowyer)
Intentional spoliation of evidence, discoverable during litigation, isn't an independent tort. |
Torts |
|
May 10, 1999 | |
|
S061678
|
People v. Benson
Prior conviction may be 'strike' even if court stayed sentence under statute prohibiting multiple punishment. |
Criminal Law and Procedure |
|
May 10, 1999 | |
|
A075247
|
People v. Garcia
Statute concerning second degree drive-by murder establishes a penalty, not a new crime. |
Criminal Law and Procedure |
|
May 10, 1999 | |
|
D026352
|
County of San Diego v. Lamb
Statute requiring reimbursement of welfare benefits paid for child applies to noncustodial parent only. |
Family Law |
|
May 10, 1999 | |
|
F026872
|
People v. Bautista
Defendant waives objection to court's poor articulation of reasons for requiring sex offender registration. |
Criminal Law and Procedure |
|
May 10, 1999 | |
|
H017123
|
People v. Frontier Pacific Insurance Co.
Failure of recorded proceedings to disclose cause for continuance, forecloses declaration of bail forfeiture. |
Criminal Law and Procedure |
|
May 10, 1999 | |
|
B105689
|
Axline v. Saint John's Hospital and Health Center
Release from liability of hospital representatives and medical staff doesn't release hospital itself. |
Torts |
|
May 10, 1999 | |
|
A079402
|
California Labor Federation v. Industrial Welfare Commission
Industrial Welfare Commission can amend overtime requirements to make rules more closely comply with federal law. |
Labor Law |
|
May 10, 1999 | |
|
D026678
|
Shields v. Poway Unified School District
School district must conduct hearing to terminate teacher even if his teaching credential has been suspended. |
Education |
|
May 10, 1999 | |
|
C025895
|
United Systems of Arkansas Inc. v. Stamison
Public Contract Code requires referral of bidder's protest to Board of Control. |
Government |
|
May 10, 1999 | |
|
B088559
|
Mosier v. Southern California Physicians Insurance Exchange
Insurer voluntarily defending non-insured owes same defense-related duties it would owe a policyholder. |
Insurance |
|
May 10, 1999 | |
|
D026077
|
People v. Estrada
Inflammatory and prejudicial misconduct by co-defendant's counsel requires reversal of drug conviction. |
Criminal Law and Procedure |
|
May 10, 1999 | |
|
F025848 and F026374
|
Guthrey v. State of California
Frivolous gender discrimination action warrants award of attorney fees to defendants in trial and appellate courts. |
Employment Law |
|
May 10, 1999 | |
|
96-30214
|
U.S. v. Martinez
Waiver of right to conflict-free counsel includes potential conflicts reasonably foreseeable at time of waiver. |
Criminal Law and Procedure |
|
May 10, 1999 | |
|
A077005
|
Arena v. Owens Corning
Strict products liability and Proposition 51 both apply to suit against supplier of raw asbestos. |
Torts |
|
May 10, 1999 | |
|
E021495
|
Genesha S., a Minor
Father whose identity is unknown and not ascertainable isn't entitled to notice of jurisdictional/dispositional hearing. |
Juveniles |
|
May 10, 1999 | |
|
A074646
|
People v. Kwok
Defendant commits burglary by removing lock mechanism and making key to facilitate future assault. |
Criminal Law and Procedure |
|
May 10, 1999 | |
|
A079635
|
Jones v. Dumrichob
Discretionary award of expert witness fees under Code of Civil Procedure Section 998 is justified. |
Civil Procedure |
|
May 10, 1999 | |
|
G016576
|
Edson v. City of Anaheim
Plaintiff in wrongful death action involving police must prove that use of force was unreasonable. |
Torts |
|
May 10, 1999 | |
|
B116813
|
Los Angeles County Department of Children and Family Services v. Superior Court (Juan S.)
Order authorizing unmonitored visits with child for criminally insane parents isn't supported by evidence. |
Juveniles |
|
May 10, 1999 | |
|
95-56586
|
Parretti v. United States
Dismissal of criminal appeal is warranted where defendant-appellant has fled the United States. |
Criminal Law and Procedure |
|
May 10, 1999 | |
|
98-70375
|
Abbassi v. INS
Opinion |
|
May 10, 1999 | ||
|
96-50606
|
U.S. v. Garibay
Suspect with poor English proficiency doesn't waive Miranda rights where interrogation conducted solely in English. |
Criminal Law and Procedure |
|
May 10, 1999 | |
|
96-16694
|
Flanagan v. Arnaiz
Federal court that retains jurisdiction of disputes involving settlement agreement may enjoin related state proceedings. |
Civil Procedure |
|
May 10, 1999 | |
|
96-56813
|
Nelson v. City of Irvine
Police cannot require blood sample from drunk driver who has agreed to breath or urine test. |
Civil Rights |
|
May 10, 1999 | |
|
97-56151
|
Bankruptcy of Rothery
Partial summary judgment as to number of creditors required for an involuntary petition is proper. |
Bankruptcy |
|
May 10, 1999 | |
|
94-10309
|
U.S. v. Burt
Invalid entrapment instruction, in absence of compelling evidence of defendant's predisposition, is plain error. |
Criminal Law and Procedure |
|
May 10, 1999 | |
|
S077458
|
Kuykendall v. Workers' Compensation Appeals Board et al
Review granted |
|
May 10, 1999 | ||
|
98-131
|
U.S. v. Sun-Diamond Growers of California
Government must show link between gratuity conferred and 'official act' performed for or because of gratuity to convict under illegal gratuity statute. |
Criminal Law and Procedure |
|
May 10, 1999 |
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