| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
F030405
|
Dry Creek Citizens v. Tulare County
Description of water diversion elements in Environmental Impact Report for surface mining operation complies with California Environmental Quality Act. |
Environmental Law |
|
Mar. 29, 1999 | |
|
A081471
|
Vikco Insurance Services Inc. v. Ohio Indemnity Company
Statute requiring 120 days notice of termination doesn't apply when written contract contains clause to the contrary. |
Insurance |
|
Mar. 29, 1999 | |
|
D031252
|
Casey D., a Minor
Parental rights properly terminated when no parent/child relationship exists and minor is likely to be adopted. |
Juveniles |
|
Mar. 29, 1999 | |
|
B118432
|
People v. Velasquez
Sentence must be modified where prosecutor incorrectly and negligently advises defendant of sentencing. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
|
B114453
|
Tilley v. Schulte
Under the 'firefighter's rule,' a psychiatrist, whose patient shot a policeman, isn't liable to the policeman for negligent care. |
Torts |
|
Mar. 29, 1999 | |
|
C030215
|
Sacramento County Department of Health and Human Services v. Dana C.
Mother whose parental rights to another child had been severed and who hadn't addressed relevant problem not entitled to reunification services. |
Juveniles |
|
Mar. 29, 1999 | |
|
H018530
|
People v. Superior Court (Howard)
Due process not violated when victim's hearsay statements are admitted at probable cause hearing. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
|
C028694
|
State Farm Fire & Casualty Company v. Pietak
Party is entitled to relief when failure to file compulsory cross-complaint is due to attorney's reasonable mistake. |
Civil Procedure |
|
Mar. 29, 1999 | |
|
H017604
|
People v. Fernandez
Failure to meet notice requirement of Mentally Disordered Offender statute doesn't result in automatic release of prisoner. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
|
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 |
