Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
C030655 and C030654
|
People v. One 1984
Court has discretion to return vehicle impounded for driving without a valid license when statute provides that vehicles are "subject to" forfeiture. |
Civil Procedure |
|
Mar. 29, 1999 | |
G018485
|
11382 Beach Partnership v. Libaw
Written lease cancellation provision prevails over lessor's option to extend after fire destroys premises. |
Real Property |
|
Mar. 29, 1999 | |
97-50312
|
U.S. v. Juvenile L.M.K.
Order |
|
Mar. 29, 1999 | ||
F026945
|
People v. West
Insufficient proof of defendant having received two prior determinate sentences for sexually violent offenses, precludes finding that defendant is sexual violent predator. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
B120456
|
Fairview Neighbors v. County of Ventura (Transit Mixed Concrete Co.)
Environmental Impact Report provides adequate traffic analysis for expansion of mining operation under California Environmental Quality Act. |
Environmental Law |
|
Mar. 29, 1999 | |
C029825
|
Joel T., a Minor
Reunification services after removal of minors are necessary after parent received family maintenance services for 18 months before minors' removal. |
Juveniles |
|
Mar. 29, 1999 | |
B118282
|
Carson Harbor Village Ltd. v. City of Carson Mobilehome Park Rental Review Board
Administrative record reflects substantial evidence to support rent increase approved by Mobilehome Park Rental Review Board. |
Real Property |
|
Mar. 29, 1999 | |
D028216
|
People v. Goslar
Vehicular manslaughter statute with different blood alcohol levels required for conviction depending on individual's age isn't void for vagueness. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
E022250
|
People v. Parra
Proof of intent to sell illegal drugs doesn't require defendant to have intent to sell personally, only intent that drugs are sold. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
A078486
|
Toigo v. Town of Ross
Subdivision developer's action isn't ripe for review where developer hasn't made effort to compromise with town after permit denied. |
Constitutional Law |
|
Mar. 29, 1999 | |
B115365
|
People v. Wilborn
Failure of court to question prospective jurors regarding racial bias deprives defendant of a fair and impartial jury. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
B123311
|
Mikhail on Habeas Corpus
Defendant is entitled to forfeited worktime credit under statute in effect when convicted. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
G021244
|
People v. Rangel
Ordering a diagnostic evaluation by the California Youth Authority, for sentencing purposes, is within trial court's discretion. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
F027661
|
Gault v. Erickson
Purchaser of real property can void sale if seller violates Subdivision Map Act or subsequent certificate of compliance. |
Real Property |
|
Mar. 29, 1999 | |
B121824
|
American International Industries v. Superior Court (Urbach)
Prior representative action by watchdog environmental group bars subsequent class action under doctrine of res judicata. |
Torts |
|
Mar. 29, 1999 | |
B125217
|
Agricultural Insurance Co. v. Superior Court (MKDG/Rhodes SC Partnership)
Insurer can only sue insured for breach of covenant of good faith and fair dealing under contract law and not torts. |
Insurance |
|
Mar. 29, 1999 | |
G022098
|
People v. Felix
Truth in Evidence Clause doesn't abrogate Evidence Code's criteria for the admission of character evidence. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
B111152
|
Justin Malovec, a Minor
Trial courts may not, on its own, initiate monetary sanctions against plaintiff for pursuing a claim after summary judgment is awarded to defendant. |
Civil Procedure |
|
Mar. 29, 1999 | |
A080118
|
Zamudio v. City and County of San Francisco
Owner of construction project isn't vicariously liable to injured employee of a subcontractor who already received workers' compensation benefits. |
Torts |
|
Mar. 29, 1999 | |
B116960
|
People v. Lavaie
Simply being missing isn't sufficient evidence to support prison escape conviction, even though it's sufficient to find prison rule violation. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
E021569
|
People v. Mercer
Evidence sufficient to establish defendant as sexually violent predator when fact-finder determines defendant will re-offend. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
B126913
|
Millsap v. Superior Court (People)
Although entire office need not be recused, particular Deputy District Attorneys, who defendant targeted in murder solicitation, must be recused. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
S060352
|
People v. Lee
Reversal of conviction is improper where failure to inform jury about misdemeanor manslaughter version of involuntary manslaughter favors defendant. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
S068395
|
People v. Douglas
Appeal that's unrelated to probation order is procedurally proper if there's no threat to defendant's probation. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
B114232
|
Fischer v. Los Angeles Unified School District
School board not required to give 24-hour written notice when evaluating performance of probationary teacher. |
Education |
|
Mar. 29, 1999 | |
B123311
|
Mikhail on Habeas Corpus
Defendant is entitled to forfeited worktime credit under statute in effect when convicted. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
98-0130
|
Bills v. Arizona Property and Casualty Insurance Guaranty Fund
The handling of covered claims by the Arizona Property & Casualty Insurance Guaranty Fund doesn't subject it to tort liability. |
Insurance |
|
Mar. 29, 1999 | |
98-0223
|
Cuvelier v. Schmitz
Proponents of initiative aren't entitled to special election when city's initiative procedure dictates that next 'ensuing election' is the next municipal election. |
Government |
|
Mar. 29, 1999 | |
97-0067
|
Denise H., a Minor
Juvenile court severance proceeding is civil in nature, and parent doesn't have same rights as criminal defendants. |
Family Law |
|
Mar. 29, 1999 | |
97-0210
|
Schwab Sales Inc. v. GN Construction Co. Inc.
A trial de novo may be held on appeal from arbitration arising out of contract, and attorney fees for arbitration proceeding may be awarded. |
Contracts |
|
Mar. 29, 1999 |