| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
96-56854
|
Kiernan v. Zurich Companies
Admiralty law doesn't bar direct action by judgment creditor against debtor's marine insurer. |
Insurance |
|
Apr. 1, 1999 | |
|
97-15489
|
Corbin v. Apfel
Applicant awarded fees where agency's decision to defend errors by hearing judge wasn't substantially justified. |
Administrative Agencies |
|
Apr. 1, 1999 | |
|
97-50489
|
U.S. v. Luna-Herrera
Court sentencing for illegal re-entry may count predicate felony toward both base offense level and criminal history. |
Criminal Law and Procedure |
|
Apr. 1, 1999 | |
|
97-70033, 97-70034 and 97-70035
|
Willamette Industries Inc. v. Commissioner of Internal Revenue
Tax court's rulings in connection with corporate income tax deficiencies are affirmed. |
Taxation |
|
Apr. 1, 1999 | |
|
97-99013 and 97-99014
|
Coleman v. Calderon
Jury instruction overstating governor's commutation power voids death sentence. |
Criminal Law and Procedure |
|
Apr. 1, 1999 | |
|
B111626
|
People v. Trotter
Defendant who wasn't in custody when he fled courtroom during arraignment can't be convicted of escape. |
Criminal Law and Procedure |
|
Apr. 1, 1999 | |
|
B108920
|
Devis v. Bank of America N.T. & S.A.
Bank is immune from false imprisonment, negligence and slander charges stemming from arrest of wrong person. |
Torts |
|
Apr. 1, 1999 | |
|
B119775
|
Los Angeles Cellular Telephone Co. v. Superior Court (Spielholz)
Cellular telephone company's tariff limits its liability for negligence to $5,000. |
Torts |
|
Apr. 1, 1999 | |
|
G021908
|
Joseph R., a Minor
Minor's statement to officer is admissible despite lack of Miranda warnings because minor wasn't in custody. |
Juveniles |
|
Apr. 1, 1999 | |
|
C026817
|
Kirkpatrick v. Westamerica Bank
One action rule doesn't preclude foreclosure where lender amends complaint seeking other relief before trial. |
Real Property |
|
Apr. 1, 1999 | |
|
H016704
|
Sabek Inc. v. Engelhard Corp.
Direct estoppel bars service of amended complaint on party that already obtained ruling of no personal jurisdiction. |
Civil Procedure |
|
Apr. 1, 1999 | |
|
96-70402
|
Pahl v. Commissioner of Internal Revenue
State law determines whether person is beneficial shareholder in S corporation for tax purposes. |
Taxation |
|
Apr. 1, 1999 | |
|
97-16061
|
Foti v. City of Menlo Park
Ban on signs in public right-of-way, with content-based exceptions, is enjoined under First Amendment. |
Constitutional Law |
|
Apr. 1, 1999 | |
|
B108722
|
People v. Maguire
Attorney's failure to advise defendant of legal insufficiency of charges is ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Apr. 1, 1999 | |
|
S071060
|
People v. Thrash
Order |
|
Apr. 1, 1999 | ||
|
A078483
|
Keiffer v. Bechtel Corporation
Failure to exhaust administrative remedies doesn't necessarily deprive court of subject matter jurisdiction. |
Civil Rights |
|
Apr. 1, 1999 | |
|
G018024
|
Pacific Trends Lamp and Lighting Products, Inc. v. J. White, Inc.
Orange County court rule imposing sanctions conflicts with statutory requirements of motion for new trial. |
Civil Procedure |
|
Apr. 1, 1999 | |
|
C026947
|
People v. Hart
Penal Code doesn't authorize entry of interest-bearing civil money judgment covering restitution fine and costs. |
Criminal Law and Procedure |
|
Apr. 1, 1999 | |
|
G020449
|
People v. Simpson
Police needn't give Miranda warnings before asking suspect about weapons at house about to be searched. |
Criminal Law and Procedure |
|
Apr. 1, 1999 | |
|
B116659
|
In re Marriage of Newsome
Child custody jurisdiction favors child's home state, where they live, over the 'significant connection test.' |
Family Law |
|
Apr. 1, 1999 | |
|
S058825
|
People v. Reyes
Searches based on parole conditions may be conducted without reasonable suspicion. |
Criminal Law and Procedure |
|
Apr. 1, 1999 | |
|
G021264
|
Guardianship of Simpson
In proceeding terminating guardianship by father, failure to admit circumstances of mother's death requires reversal. |
Family Law |
|
Apr. 1, 1999 | |
|
B114612
|
Rochin v. Johnson
Amended judgment entered on an ex parte basis without notice to plaintiff is void. |
Civil Procedure |
|
Apr. 1, 1999 | |
|
C023170
|
In re Kacy S.
Courts have discretion to require urine tests for minors who are on probation. |
Juveniles |
|
Apr. 1, 1999 | |
|
F030202
|
Cathina W., a juvenile
'Non-appealable' order can be reviewed when juvenile court fails to give timely notice of procedures for relief. |
Juveniles |
|
Apr. 1, 1999 | |
|
B122233
|
In re Robert L.
Juvenile courts cannot extend jurisdiction beyond age of majority solely to provide special assistance. |
Juveniles |
|
Apr. 1, 1999 | |
|
B116729
|
Long v. City of Los Angeles
Action against city for recovery of personal property is exempt from Government Tort Claims Act. |
Government |
|
Apr. 1, 1999 | |
|
S055216
|
People v. Ortega
Convictions for both robbery and theft, during single carjacking, violates rule against lesser included offenses. |
Criminal Law and Procedure |
|
Apr. 1, 1999 | |
|
B121125
|
Federal Home Loan Mortgage Corporation v. La Conchita Ranch Company
Move to disqualify attorney is meritless when only a hypothetical conflict of interest exists. |
Attorneys |
|
Apr. 1, 1999 | |
|
B119335
|
Almalik S., a Minor
Custodial parent doesn't have standing to appeal juvenile delinquency decision. |
Juveniles |
|
Apr. 1, 1999 |
