| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B137665
|
In re Rubisela E.
Court finds substantial evidence of father's sexual abuse of daughter which places daughter and other siblings in danger. |
Criminal Law and Procedure |
|
Dec. 3, 2000 | |
|
E024139
|
Walt Rankin & Assoc. Inc. v. City of Murrieta
City has statutory duty to take measures to ensure sufficiency of surety executing payment bond. |
Government |
|
Dec. 1, 2000 | |
|
B138063
|
Alpha Therapeutic Corp. v. Franchise Tax Board.
Corporate franchise taxes are owed for the right of doing business in California and are not subject to Revenue and Taxation Code Section 33 exemptions. |
Taxation |
|
Nov. 30, 2000 | |
|
A086152
|
Norcal Mutual Insurance Company v. newton.
Party voluntarily seeking and accepting benefits of insurer accepts all terms of policy from which protection is sought, including mandatory submission to arbitration. |
Insurance |
|
Nov. 30, 2000 | |
|
C029159
|
Khajavi v. Feather River Anesthesia Medical Group
Physician's termination based on altercation with another physician over wisdom of proceeding with patient's surgery may violate public policy. |
Employment Law |
|
Nov. 30, 2000 | |
|
B136917
|
Ruscigno v. American National Can Company, Inc.
Action involving termination of employee for giving testimony during arbirtation held pursuant to collective bargaining contract is pre-empted by NLRA. |
Labor Law |
|
Nov. 30, 2000 | |
|
E023829
|
Ivy Trucking Inc. v. Creston Brandon Corporation
Claimant contracted to haul dirt for project subcontractor is entitled to enforce its rights arising out of stop notice. |
Contracts |
|
Nov. 30, 2000 | |
|
G027063
|
DeJohn B., a Minor
Due process requires social service agency to make every reasonable effort to inform mother of six-month hearing in dependency court. |
Family Law |
|
Nov. 30, 2000 | |
|
E025722
|
Thompson v. Mercury Casualty Co.
Liability provision placed on last page of auto insurance policy is not sufficiently conspicuous to be enforceable. |
Insurance |
|
Nov. 30, 2000 | |
|
G018844
|
O'Keefe v. Kompa
Appeal of attorney fees judgment doesn't automatically stay collection efforts when actions are privileged under CCP 47. |
Torts |
|
Nov. 30, 2000 | |
|
A091305
|
Brown v. Fair Political Practices Commission
Oakland mayor is 'legally required' to participate in decisions concerning redevelopment project near property he owns. |
Government |
|
Nov. 30, 2000 | |
|
E025950
|
Life Savings Bank v. Wilhelm
Bank is not excused from three month deadline in filing for deficiency judgment following foreclosure sale. |
Real Property |
|
Nov. 30, 2000 | |
|
B113905
|
Hassoldt v. Patrick Media Group Inc.
Plaintiff may not sue in tort for alleged spoliation of evidence. |
Torts |
|
Nov. 30, 2000 | |
|
B139105
|
Commercial Underwriters Insurance Co. v. Superior Court (Gulf Underwriters Insurance Co.)
In consolidated petition, one insurance company found to have duty to defend insured, while others are excepted. |
Insurance |
|
Nov. 30, 2000 | |
|
C024576
|
Planning and Conservation League v. Dept. of Water Resources
Department of Water Resources has duty to serve as lead agency in assessing environmental consequences of water projects involving State. |
Environmental Law |
|
Nov. 30, 2000 | |
|
B129808
|
Holmes v. Jones
Text estimating fiscal impact of proposed measure should not be counted as part of Elections Code's 100 word limit. |
Government |
|
Nov. 30, 2000 | |
|
F032805
|
Harustak v. Wilkins
Notice regarding trust, which is not printed in boldface lettering, is not enforceable. |
Probate and Trusts |
|
Nov. 30, 2000 | |
|
B136088
|
Santa Margarita Area Residents Together v. San Luis Obispo County Board of Supervisors (Santa Margarita Limited)
Development agreements between County and landowner prior to fully-designed and approved project are permissible by statute. |
Real Property |
|
Nov. 30, 2000 | |
|
B138964
|
Save Open Space Santa Monica Mountains v. Superior Court (County of Los Angeles)
Court allows limited discovery by party opposing attorney fees under California's 'private attorney general' statute. |
Civil Procedure |
|
Nov. 30, 2000 | |
|
B135874
|
People v. Moloy
Insurance company is 'direct' victim of defendant's fraud and thus is entitled to restitution. |
Insurance |
|
Nov. 30, 2000 | |
|
A091785
|
Wainwright v. Superior Court (In re Sinkler)
Family court may not require parent seeking child custody to submit to drug test. |
Family Law |
|
Nov. 30, 2000 | |
|
G021719
|
Sheehy v. Franchise Tax Board
Penalty for unpaid taxes is not subject to constitutional limits for loan interest rates. |
Taxation |
|
Nov. 30, 2000 | |
|
C032412
|
People v. Olmsted
Approximate length of tail fins on dart not sufficient evidence to meet statutory requirement for possession of 'flechette dart ammunition.' |
Criminal Law and Procedure |
|
Nov. 30, 2000 | |
|
B127047
|
Rallis v. Cassady
In malpractice suit against several firms statute of limitations tolled for former law firm of attorney who continues representing client in same subject matter. |
Torts |
|
Nov. 30, 2000 | |
|
B136093
|
People v. One Ruger .22-Caliber Pistol
Forfeiture of firearms belonging to individual detained for possible mental disorder does not violate due process. |
Civil Procedure |
|
Nov. 30, 2000 | |
|
A085065
|
People v. Cisneros
Trial court errs by categorically excluding illegal aliens from participating in the first-time drug offenders deferred judgment program. |
Criminal Law and Procedure |
|
Nov. 30, 2000 | |
|
A082341
|
People v. Garcia
Officers' circumstantial evidence corroborating co-conspirator's testimony is sufficient evidence to sustain defendant's conviction. |
Criminal Law and Procedure |
|
Nov. 30, 2000 | |
|
A082437
|
Heiner v. Kmart Corp.
Defendant that fails to object to evidence of plaintiff's lost profits is not entitled to review of compensatory damages award. |
Torts |
|
Nov. 30, 2000 | |
|
B128162
|
People v. Bohana
Sufficient evidence supports finding of second degree murder, and court did not have to instruct on excusable homicide and involuntary manslaughter. |
Criminal Law and Procedure |
|
Nov. 30, 2000 | |
|
H020411
|
Reliance Insurance Co. v. Superior Court (In re Wells)
Insurance company is entitled to intervene in lawsuit against insured whose corporate status has been suspended. |
Insurance |
|
Nov. 30, 2000 |