| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
E021166
|
People v. Hernandez
Hearsay exception regarding threats of harm involves sufficient indicia of reliability to be constitutional. |
Criminal Law and Procedure |
|
Mar. 12, 1999 | |
|
B112071 and B112073
|
People v. Hatch
Court's prior Section 1385 dismissal constitutes an implied acquittal, barring any new filing against defendant. |
Criminal Law and Procedure |
|
Mar. 12, 1999 | |
|
S073244
|
Stirling v. Jones
Order |
|
Mar. 12, 1999 | ||
|
B118582
|
Keulen v. WCAB
New, undisputed medical evidence rebuts presumption that original treating physician's evaluation was correct. |
Workers' Compensation |
|
Mar. 12, 1999 | |
|
S061699
|
Aydin Corp. v. First State Insurance Co.
Insured has burden of proving occurrence giving rise to pollution claim was 'sudden and accidental.' |
Insurance |
|
Mar. 12, 1999 | |
|
S069491:ord
|
Magnum v. Superior Court (People)
Order |
|
Mar. 12, 1999 | ||
|
S072225
|
O'Connor v. Madera County Superior Court (People)
Good faith exception applies to requirement that warrant be issued by neutral and detached magistrate. |
Criminal Law and Procedure |
|
Mar. 12, 1999 | |
|
S072326
|
People v. Sims
Defendant using prior felony conviction to impeach prosecution witness can't introduce evidence of crime's details. |
Criminal Law and Procedure |
|
Mar. 12, 1999 | |
|
S072165
|
Kessel v. Leavitt
West Virginia judgment for wrongful interference with parental rights is entitled to full faith and credit. |
Family Law |
|
Mar. 12, 1999 | |
|
S072712
|
People v. Ingram
'Return' of unpurchased merchandise for refund isn't theft where store knew of pretense before refunding money. |
Criminal Law and Procedure |
|
Mar. 12, 1999 | |
|
S054826
|
United Services Automobile Association v. Superior Court (Riley)
Order |
|
Mar. 12, 1999 | ||
|
S062391
|
People v. Fernandez
Order |
|
Mar. 12, 1999 | ||
|
B109777
|
Carter v. Holiday Ice Skating Center
Defendant's duty to provide appropriate rental equipment renders primary assumption of risk doctrine inapplicable. |
Torts |
|
Mar. 12, 1999 | |
|
96-17236
|
Gold Coast Hotel & Casino v. United States
Casino using accrual method may deduct value of 'points' when players reach levels required for prizes. |
Taxation |
|
Mar. 12, 1999 | |
|
96-30081
|
U.S. v. James
Order |
|
Mar. 12, 1999 | ||
|
96-55268 and 96-55431
|
Cabrera v. City of Huntington Park
Statute of limitations for civil rights claims begins to run on day after claimant is released from custody. |
Civil Rights |
|
Mar. 12, 1999 | |
|
97-15983
|
MRT Construction Inc. v. Hardrives Inc.
Subcontractor isn't entitled to share of interest awarded to government contractor under Contract Disputes Act. |
Government |
|
Mar. 12, 1999 | |
|
B114409
|
People v. Duran
Defendant convicted of attempted murder receives conduct credit for only 15 percent of pre-sentencing incarceration time. |
Criminal Law and Procedure |
|
Mar. 12, 1999 | |
|
B112787
|
Marriage of Kelso
New judge can't rely on findings made by commissioner after he recused himself from dissolution action. |
Family Law |
|
Mar. 12, 1999 | |
|
D028511
|
Smith Kandal Real Estate v. Continental Casualty Co.
Insurer must defend broker who represented buyer and seller, where policy only excluded selling agent. |
Insurance |
|
Mar. 12, 1999 | |
|
A084357
|
North Shuttle Service Inc. v. California Public Utilities Commission
Loss of asset value and revenue isn't sufficient to show irreparable damage from loss of operating permission. |
Administrative Agencies |
|
Mar. 12, 1999 | |
|
98-1262
|
Bankruptcy of Branam
Prepetition tort judgment has preclusive effect in nondischargeability action for willful and malicious injury. |
Bankruptcy |
|
Mar. 12, 1999 | |
|
97-1923
|
Bankruptcy of Stoneking
Debtor may avoid lien that was 'fixed' on community property homestead prior to taking sole title by divorce decree. |
Bankruptcy |
|
Mar. 12, 1999 | |
|
96-56252 and 96-56789
|
Cigna Property and Casualty Insurance Co. v. Polaris Pictures Corp.
Failure to disclose material fact of principal's claim history warrants rescission of marine insurance policy. |
Insurance |
|
Mar. 12, 1999 | |
|
97-16648
|
Donnelly v. Glickman
Male employees can't intervene in female employees' suit alleging hostile work environment gender discrimination. |
Civil Rights |
|
Mar. 12, 1999 | |
|
97-50452 and 97-50453
|
U.S. v. Akintobi
Using stolen credit card for cash advance and paying balance with fraudulent check is money laundering. |
Criminal Law and Procedure |
|
Mar. 12, 1999 | |
|
B120820
|
Obregon v. Superior Court (Cimm's Inc.)
Court must determine appropriate remedy if reasonable efforts weren't used to resolve discovery dispute. |
Employment Law |
|
Mar. 12, 1999 | |
|
H016022
|
Meister v. Regents of the University of California
Trial court properly ties attorney fees to hours effectively spent by attorneys. |
Torts |
|
Mar. 12, 1999 | |
|
96-10574
|
U.S. v. Garcia-Guizar
Cash is subject to forfeiture only to extent government proves it is proceeds of drug transactions. |
Criminal Law and Procedure |
|
Mar. 12, 1999 | |
|
97-70361
|
Korablina v. INS
Victim of repeated beatings and severe harassment due to religion has well-founded fear of persecution. |
Immigration |
|
Mar. 12, 1999 |
