| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S070599
|
Samuels v. Mix
For statute of limitation purposes, attorney has burden of proving when client discovered or should have discovered attorney's malpractice. |
Attorneys |
|
Jan. 28, 2000 | |
|
D030732
|
Riverwatch v. County of San Diego
Court abuses discretion when it requires county's enviromental impact report to account for prior illegal activity at project site. |
Environmental Law |
|
Jan. 28, 2000 | |
|
E023510
|
Farmers Insurance Exchange v. Hurley
Settlement for less than policy limit doesn't satisfy exhaustion requirement under uninsured motorist statute. |
Insurance |
|
Jan. 28, 2000 | |
|
G021739
|
County of Orange v. Carl D.
County, which had absent father's address but didn't notify him of dependency proceedings, is estopped from recovering reimbursement for supporting his children. |
Family Law |
|
Jan. 28, 2000 | |
|
B121209
|
Mez Industries v. Pacific National Insurance Co.
Insurance company isn't obligated to defend manufacturer's patent infringement case due to lack of specific coverage and statutory preclusion. |
Insurance |
|
Jan. 28, 2000 | |
|
D030732
|
Riverwatch v. County of San Diego
Court abuses discretion when it requires county's environmental impact report to account for prior illegal activity at project site. |
Environmental Law |
|
Jan. 28, 2000 | |
|
C030752
|
Barrett v. Superior Court (People)
Judge must recuse self when he presides over petitioner's preliminary hearing and motion to dismiss information. |
Criminal Law and Procedure |
|
Jan. 28, 2000 | |
|
B134960
|
Paredes v. Superior Court (People)
Order finding dismissed and then refiled action was 'continuation' of the dismissed action is improper. |
Criminal Law and Procedure |
|
Jan. 28, 2000 | |
|
C028843
|
People v. Cratty
Unlawful driving conviction under Vehicle Code Section 10851(a) is non-theft offense and can stand with conviction for receiving stolen property. |
Criminal Law and Procedure |
|
Jan. 28, 2000 | |
|
D031554
|
People v. Crusilla
Federal immigration inspector may make citizen's arrest at border for state offense of driving while under the influence. |
Criminal Law and Procedure |
|
Jan. 28, 2000 | |
|
C029754
|
Bank of America National Trust and Savings Assn. v. Jennett
If jurisdiction is proper, sister state default judgment must be accorded full faith and credit even when judgment is purportedly based on legal misapprehension. |
Constitutional Law |
|
Jan. 28, 2000 | |
|
D030553
|
Freeman v. San Diego Assn. of Realtors
Local associations merged to form one corporate entity to sell multiple listing services does not violate antitrust laws. |
Antitrust |
|
Jan. 28, 2000 | |
|
H018981
|
People v. Chardon
Forging sister's name on citation to appear in court for driving without license sufficiently supports misdemeanor violation being elevated to a felony. |
Criminal Law and Procedure |
|
Jan. 28, 2000 | |
|
B130931
|
Pearlson v. Does 1 to 646
Appellant's failure to demonstrate that he has any significant potential to determine the identity of any defendant maintains dismissal. |
Torts |
|
Jan. 28, 2000 | |
|
F033305
|
Kendall-Jackson Winery v. Superior Court
Unclean hands defense is triggered when misconduct in particular transaction, or connected to subject matter of litigation, affects equitable relations between litigants. |
Torts |
|
Jan. 28, 2000 | |
|
D031096
|
Valley Casework Inc. v. Comfort Construction Inc.
Non-party to arbitration agreement lacks standing to enforce contract, especially where dispute isn't within scope of contractual arbitration agreement. |
Contracts |
|
Jan. 28, 2000 | |
|
B121020
|
Midiman v. Farmers Ins. Exchange
In copyright infringement case, insured isnt entitled to independent counsel to defend suit, nor entitled to presumption that underlying claims are legitimate. |
Insurance |
|
Jan. 28, 2000 | |
|
B119999
|
Wolf v. Mitchell
Trust beneficiary may bring an action against third parties who actively participate in a trustee's breach of trust. |
Probate and Trusts |
|
Jan. 28, 2000 | |
|
D031136
|
Stone v. State of Texas
Contract with out-of-state party doesn't automatically establish purposeful availment in other party's home forum. |
Civil Procedure |
|
Jan. 28, 2000 | |
|
A085550
|
Lahey v. Bianchi
Spouse who obtained judgment of legal separation doesn't qualify as surviving spouse for purposes of intestate succession. |
Probate and Trusts |
|
Jan. 28, 2000 | |
|
S073601
|
Carrisales v. Dept. of Corrections
California Fair Employment Housing Act does not apply in sexual harassment suits between coworkers who are not in supervisorial relationships. |
Employment Law |
|
Jan. 28, 2000 | |
|
B115869
|
The Office of Statewide Health Planning and Development v. Musick, Peeler & Garret
Special representative has standing to prosecute legal malpractice claim on behalf of bankruptcy estate. |
Bankruptcy |
|
Jan. 28, 2000 | |
|
B129174
|
Iverson, Yoakum, Papiano & Hatch v. Berwald
Two-year statute of limitations period bars law firm from filing complaint alleging 'damages for legal services rendered,' and 'account stated.' |
Civil Procedure |
|
Jan. 28, 2000 | |
|
A083097
|
People v. Lamb
'Harvey' rule, preventing consideration of facts underlying dismissed charges, doesn't apply to sentencing on guilty plea to child molestation. |
Criminal Law and Procedure |
|
Jan. 28, 2000 | |
|
D031358
|
Hart II v. Alameda County
Party's class action claim for return of unused jury fee deposits is precluded from recovery for lack of standing and non-statutory duty. |
Torts |
|
Jan. 28, 2000 | |
|
B119634
|
People v. Eck
Enhancement for inflicting great bodily injury in committing felony is barred by greater enhancement for inflicting such injury by shooting from vehicle. |
Criminal Law and Procedure |
|
Jan. 28, 2000 | |
|
B129174
|
Iverson, Yoakum, Papiano & Hatch v. Berwald
Two-year statute of limitations period bars law firm from filing complaint alleging 'damages for legal services rendered,' and 'account stated.' |
Civil Procedure |
|
Jan. 28, 2000 | |
|
E024137
|
Montclair Parkowners Assn. v. City of Montclair
Rent control ordinance is not a regulatory taking of mobile home owners' property without just compensation. |
Real Property |
|
Jan. 28, 2000 | |
|
B121209
|
Mez Industries v. Pacific National Insurance Co.
Insurance company isn't obligated to defend manufacturer's patent infringement case due to lack of specific coverage and statutory preclusion. |
Insurance |
|
Jan. 28, 2000 | |
|
H019287
|
Barnhart v. Cabrillo Community College
State community college is immune from liability for injuries incurred by students while traveling to school-sponsored athletic event. |
Torts |
|
Jan. 28, 2000 |