| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S073678
|
Galanty v. Paul Revere Life Insurance Co.
Policy language required by the Insurance Code takes precedence over any nonrequired policy provision. |
Insurance |
|
Aug. 4, 2000 | |
|
D028673
|
Collins Development Company v. D.J. Plastering, Inc.
Subcontractor sued for indemnity has right for jury to hear portion of claim allocating liability between itself and other subcontractors. |
Contracts |
|
Aug. 4, 2000 | |
|
B119968
|
Metropolitan Water District of Southern California v. Imperial Irrigation District
Water district may enact fixed rate for 'wheeling' activities. |
Government |
|
Aug. 4, 2000 | |
|
G020529
|
Bartold v. Glendale Federal Bank
Bank's reliance on title company to record reconveyance of deed is ineffective to accomplish statutory goal of recording in a timely manner. |
Real Property |
|
Aug. 4, 2000 | |
|
E024437
|
Northland Insurance Co. v. Briones
Carrier's duty to defend where potential for coverage exists not triggered when insurer charged with rape and policy contains sexual abuse exclusion. |
Torts |
|
Aug. 4, 2000 | |
|
A087001
|
Wilson v. John Crane Inc.
Packing company found liable for asbestos related claims of public utility worker who named it as one of the companies providing packing materials. |
Torts |
|
Aug. 4, 2000 | |
|
C030858
|
Sacramento Children's Home v. Department of Social Services
Manner in which Department of Social Services conducts its audits is matter within its expertise and not for court to review. |
Administrative Agencies |
|
Aug. 4, 2000 | |
|
G024951
|
People v. Carr
Intoxication and third party consent are not viable defenses to crime of burning cross on another person's property without authorization. |
Criminal Law and Procedure |
|
Aug. 4, 2000 | |
|
H020690
|
Craik v. County of Santa Cruz (Odenweller)
Landowners must be granted variance from county zoning ordinances when required by special circumstances. |
Government |
|
Aug. 4, 2000 | |
|
D032454
|
Dimock v. Emerald Properties
Once trustee is substituted for by another trustee, foreclosure sale by previous trustee is void. |
Real Property |
|
Aug. 4, 2000 | |
|
D034797
|
Hunt v. Commercial Money Center
Non-resident's single purchase of goods from California vendor for delivery outside state is insufficient minimum contact to establish personal jurisdiction. |
Civil Procedure |
|
Aug. 4, 2000 | |
|
S062139
|
Kransco v. American Empire Surplus Lines Insurance Co.
Liability insurer cannot assert the comparative bad faith of its insured as affirmative defense in underlying bad faith action. |
Insurance |
|
Aug. 4, 2000 | |
|
D032530
|
People v. Wakefield
Lawful custody is not a prerequisite to filing of petition pursuant to Sexually Violent Predators Act. |
Civil Rights |
|
Aug. 4, 2000 | |
|
D030163
|
People v. Bonner
Defendant is guilty of attempted robbery if he has intent and engages in necessary acts to complete robbery. |
Criminal Law and Procedure |
|
Aug. 4, 2000 | |
|
97-17062
|
Gentala v. City of Tucson
City may fund religious group's celebration and not offend Establishment Clause as long as no one religious group is favored over another. |
Constitutional Law |
|
Aug. 4, 2000 | |
|
97-36191
|
Passantino v. Johnson & Johnson Consumer Products Inc.
Employee is entitled to punitive damages award if employer does not fairly and adequately implement procedures against discrimination. |
Employment Law |
|
Aug. 4, 2000 | |
|
98-50356
|
U.S. v. Hernandez-Sandoval
Separate enhancements for endangering members of public and law enforcement are proper where court finds defendant's actions are done separately. |
Criminal Law and Procedure |
|
Aug. 4, 2000 | |
|
98-17250
|
Headwaters Forest Defense v. County of Humbolt
Police use of pepper spray on non-violent, passive protesters can constitute an unreasonable use of force in violation of Fourth Amendment. |
Constitutional Law |
|
Aug. 4, 2000 | |
|
98-35780
|
Harman v. Apfel
District court decision to remand disability benefits case back to Social Security Administration for further proceedings is reviewable for abuse of discretion. |
Administrative Agencies |
|
Aug. 4, 2000 | |
|
99-10355
|
U.S. v. Thomas
Sound of package of marijuana being dropped into vehicle is insufficient to provide reasonable suspicion to stop and search vehicle. |
Criminal Law and Procedure |
|
Aug. 4, 2000 | |
|
98-17298
|
Fairbank v. Wunderman Cato Johnson
Diffierence in standard of proof in federal and state law regarding summary judgment rulings permits federal court to revisit state court's decision. |
Civil Procedure |
|
Aug. 4, 2000 | |
|
97-99032
|
Jackson v. Calderon
In death penalty case, defense counsel's failure to investigate and present testimony regarding defendant's mental capacity, constitutes ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Aug. 4, 2000 | |
|
99-55083
|
Montclair Parkowners Association v. City of Montclair
'Younger abstention' requires district courts to dismiss once state court has commenced proceedings, even where result is refiling of appellees' federal complaint. |
Constitutional Law |
|
Aug. 4, 2000 | |
|
97-55150
|
Three Boys Music Corp. v. Michael Bolton
Widespread dissemination of popular copyrighted song creates prima facie case of copyright infringement. |
Intellectual Property |
|
Aug. 4, 2000 | |
|
98-56645
|
The Vons Companies Inc. v. Federal Insurance Co.
Coverage for losses caused by employee dishonesty doesn't extend to vicarious liability for losses arising from employee's tortious conduct. |
Insurance |
|
Aug. 4, 2000 | |
|
98-70924
|
Andres Flores-Miramontes v. Immigration and Naturalization Service
Federal district courts have habeas corpus jurisdiction to consider challenges to removal orders brought by aliens. |
Immigration |
|
Aug. 4, 2000 | |
|
G026904
|
Letitia V., a Minor
California's law does not conflict with Indian Child Welfare Act's goals of preventing the break-up Indian families. |
Juveniles |
|
Aug. 4, 2000 | |
|
B136918
|
Giovani M., a Minor
Minor who bargains for reduced confinement waives any claim under Penal Code 654. |
Juveniles |
|
Aug. 4, 2000 | |
|
B130647
|
San Luis Coastal Unified School District v. City of Morro Bay
Under city's water code, the word 'transferor' does not mean a seller of water, but an entity that transfers water. |
Government |
|
Aug. 4, 2000 | |
|
F033647
|
Maranian v. Workers' Compensation Appeals Board
Interim Board decision that determines threshold issues of liability is reviewable. |
Workers' Compensation |
|
Aug. 4, 2000 |