| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B119961
|
People v. Tillman
Imposition of penalty assessments, when there's no fine upon which to base it, is improper. |
Criminal Law and Procedure |
|
Mar. 4, 1999 | |
|
B123828
|
People v. Thygesen
Sufficient evidence of lost rental value and reasonable replacement value of like property is required for restitution. |
Criminal Law and Procedure |
|
Mar. 4, 1999 | |
|
D028395
|
Solano v. Abrenica
Duty owed where tennis player no longer participating in tennis activity struck by ball. |
Torts |
|
Mar. 4, 1999 | |
|
H017585
|
Monterey Plaza Hotel v. Hotel Employees & Restaurant Employees Local 483
Strategic Lawsuit Against Public Participation suit for defamation appropriately stricken where news broadcasts aren't defamatory. |
Torts |
|
Mar. 4, 1999 | |
|
D028156
|
Southbay Creditors Trust v. General Motors Acceptance Corp.
New Motor Vehicle Board doesn't have primary jurisdiction to hear suit based entirely on common law claims. |
Administrative Agencies |
|
Mar. 4, 1999 | |
|
97-2232
|
Anthony v. Cambra
Amending stayed habeas corpus petition to add newly-exhausted claims denied. |
Criminal Law and Procedure |
|
Mar. 4, 1999 | |
|
98-1266
|
Bankruptcy of Capitol Metals Co. Inc.
Disinterested entity cannot be employed by debtor as investment banker/financial advisor. |
Bankruptcy |
|
Mar. 4, 1999 | |
|
B126944
|
Salman Y., a minor
Parent who fails to protect minor child from abuse by third party isn't entitled to reunification services. |
Juveniles |
|
Mar. 4, 1999 | |
|
H017027
|
White v. Inbound Aviation
Where damages for vicarious liability in negligent entrustment case aren't properly allocated, statutory limit applies. |
Torts |
|
Mar. 4, 1999 | |
|
96-0289
|
State v. Medina
Evidence of gang membership is not a mitigating circumstance for sentencing purposes. |
Criminal Law and Procedure |
|
Mar. 4, 1999 | |
|
G019461
|
Hollaway v. Edwards
Court rule stating when attorney fees must be requested doesn't bind probate court's discretion in awarding fees. |
Probate and Trusts |
|
Mar. 3, 1999 | |
|
G020575
|
People v. Bennett
Defendants aren't entitled to advance new theories for suppressing evidence at second preliminary hearings. |
Criminal Law and Procedure |
|
Mar. 3, 1999 | |
|
98-10027
|
U.S. v. Crawford
Party seeking offset under Victim Witness Protection Act must demonstrate insurance proceeds were for same loss. |
Criminal Law and Procedure |
|
Mar. 3, 1999 | |
|
H018030
|
Shelley J., minor
Rule allowing challenges to pleadings' sufficiency for first time on appeal doesn't apply to dependency actions. |
Family Law |
|
Mar. 3, 1999 | |
|
98-1184
|
Bankruptcy of Feiler
Prepetition election to carry-forward net operating losses on a federal tax return constitutes a fraudulent transfer. |
Bankruptcy |
|
Mar. 3, 1999 | |
|
98-4033
|
Raleigh v. Snowbird Corp.
Order |
Employment Law |
|
Mar. 3, 1999 | |
|
98-7037
|
Penn-White v. King
Order |
Criminal Law and Procedure |
|
Mar. 3, 1999 | |
|
98-3296
|
Harris v. Booker
Order |
Criminal Law and Procedure |
|
Mar. 3, 1999 | |
|
95-0160
|
State v. Fulminante
Hearsay statements reflecting victim's belief to establish defendant's future conduct are inadmissible. |
Criminal Law and Procedure |
|
Mar. 3, 1999 | |
|
98-1400
|
Bankruptcy of McCarthy
Failure to provide trial transcript of oral findings of fact and conclusions of law warrants affirmation on appeal. |
Bankruptcy |
|
Mar. 3, 1999 | |
|
98-3090
|
Persons v. Runyon
Order |
Civil Rights |
|
Mar. 3, 1999 | |
|
98-1468
|
Hirsch v. Secretary of the Army
Order |
Criminal Law and Procedure |
|
Mar. 3, 1999 | |
|
D030198
|
People v. Durant
Three strikes law requires consecutive sentences for crimes with different facts, committed on separate occasions. |
Criminal Law and Procedure |
|
Mar. 3, 1999 | |
|
C031025
|
Karen S. v. Superior Court (El Dorado County Department of Social Services)
Reunification services properly denied when parent continues to resist treatment for substance abuse. |
Juveniles |
|
Mar. 3, 1999 | |
|
B118114
|
Wollersheim v. Church of Scientology International et al.
In post-trial motion to add additional judgment debtor, burden of proof is 'by preponderance of the evidence', unless statute states otherwise. |
Civil Procedure |
|
Mar. 3, 1999 | |
|
98-1477
|
Bankruptcy of Ioane
Debtor cannot object to jurisdiction by bankruptcy appellate panel where the statement of election is untimely. |
Bankruptcy |
|
Mar. 2, 1999 | |
|
S063806
|
People v. Love
Order |
|
Mar. 2, 1999 | ||
|
S060450
|
People v. Evans
Order |
|
Mar. 2, 1999 | ||
|
S057709
|
People v. Senner
Order |
|
Mar. 2, 1999 | ||
|
S071060
|
People v. Thrash
Order |
|
Mar. 2, 1999 |
