| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B124720
|
Barnes v. WCAB
WCAB may terminate a provisional award of medical treatment more than five years after date of injury. |
Labor Law |
|
Sep. 7, 1999 | |
|
98-0560
|
State v. Tamplin
The trial court was proper in its jury instruction regarding the defendant's knowledge of the wrongfulness of his conduct. |
Criminal Law and Procedure |
|
Sep. 7, 1999 | |
|
E023264
|
Nebel v. Sulak
Judgment debtor examinations are public judicial proceedings and may be observed by disinterested third parties. |
Civil Procedure |
|
Sep. 7, 1999 | |
|
B120266
|
Ziman v. Fireman's Fund Insurance Co.
Liability policy's coverage for 'advertising injury' does not extend to hanging infringing painting in building lobby for broker's open house. |
Insurance |
|
Sep. 7, 1999 | |
|
C025766 and C025845
|
Davis v. Wood-Mizer Products Inc.
Defendant that pays judgment and also indemnifies settling defendant may not complain of plaintiff's excessive recovery. |
Torts |
|
Sep. 7, 1999 | |
|
B110243
|
People v. Douglas
Order suspending defendant's sentence, granting probation, and declaring charged offenses to be misdemeanors isn't appealable. |
Criminal Law and Procedure |
|
Sep. 6, 1999 | |
|
B109744
|
DeBerard Properties Ltd. v. Lim
Borrower can't waive anti-deficiency laws in forbearance agreement postdating original note and deed of trust. |
Contracts |
|
Sep. 6, 1999 | |
|
D027853
|
People v. Ingram
'Return' of unpurchased merchandise for refund isn't theft where store knew of pretense before refunding money. |
Criminal Law and Procedure |
|
Sep. 6, 1999 | |
|
G024413
|
Eric A., a Minor
Acknowledging that conditions still exist would justify juvenile court's initial assumption of jurisdiction waives right to appeal. |
Juveniles |
|
Sep. 6, 1999 | |
|
B123079
|
Real v. Compton
Termination of officer because of inability to perform patrol duties insufficient to establish perception of disability under Americans with Disabilities Act. |
Employment Law |
|
Sep. 6, 1999 | |
|
B117061
|
Saunders v. Weissburg & Aronson
Although attorney has fiduciary duty to clients to protect client's interests, that duty doesn't extend to co-counsel. |
Attorneys |
|
Sep. 6, 1999 | |
|
A083168
|
Gibbs v. American Airlines Inc.
Notice to employer of cold or flu-like symptoms is not notice of a 'serious health condition' triggering state medical leave requirements. |
Employment Law |
|
Sep. 6, 1999 | |
|
A086238
|
Depper v. Superior Court (People)
Summary probation revocation isn't determination of contested fact, and doesn't trigger time limitations on judicial peremptory challenge. |
Judges |
|
Sep. 6, 1999 | |
|
E021252 and E021607
|
People v. Duke
Admission of out-of-court statements by nontestifying co-defendant doesn't violate confrontation clause. |
Criminal Law and Procedure |
|
Sep. 6, 1999 | |
|
E022283
|
Baby Girl B., a minor.
Refusal to hold evidentiary hearing before denying adoption petition and removing child from custody violates statute. |
Family Law |
|
Sep. 6, 1999 | |
|
E020212 and E020569
|
Gordon's Cabinet Shop v. State Compensation Insurance Fund
In coordination proceedings, the five-year statute of limitations is not tolled unless a stay is granted. |
Civil Procedure |
|
Sep. 6, 1999 | |
|
B121168
|
People v. Hardy
Sentence of life without possibility of parole must be doubled for second-strike defendant. |
Criminal Law and Procedure |
|
Sep. 6, 1999 | |
|
S069783
|
People v. Garcia
Court has discretion to dismiss prior convictions on a count-by-count basis so as not to sentence defendant within the Three Strikes Law. |
Criminal Law and Procedure |
|
Sep. 6, 1999 | |
|
E021751
|
Pfau v. Kim's Hapkido
Police officer engaging in martial arts training assumes risk of injury. |
Torts |
|
Sep. 6, 1999 | |
|
C013846, C016505 and C019267
|
Paterno v. State of California
Inverse condemnation judgment awarded on erroneous legal theory and inaccurate law isn't proper and warrants a retrial. |
Real Property |
|
Sep. 6, 1999 | |
|
S053930
|
County of Los Angeles v. Superior Court (Schonert)
California's survival statute precluding husband of deceased wife from recovering pain and suffering for state law claims also applies to federal claims. |
Torts |
|
Sep. 6, 1999 | |
|
S063339
|
Agnew v. California State Board of Equalization
Payment of accrued interest on tax deficiency is not prerequisite to administrative refund claim or action for refund of taxes. |
Taxation |
|
Sep. 6, 1999 | |
|
s069793
|
People v. Williams
Absent express waiver, criminal defendant may raise statute of limitations defense at any time. |
Criminal Law and Procedure |
|
Sep. 6, 1999 | |
|
E021287
|
Casey v. Overhead Door Corp.
One defendant's assignment to plaintiffs of cross-complaint against another defendant as part of settlement gives plaintiffs actual authority to proceed on cross-complaint. |
Torts |
|
Sep. 6, 1999 | |
|
B115453
|
Aliberti v. Allstate Insurance Co.
Although apartment building policy provides one-year statutory period to file suit against insurance company, period is equitably tolled if claim never formally denied in writing. |
Insurance |
|
Sep. 6, 1999 | |
|
F030743
|
Barnes v. Dept. of Corrections
Sanctions cannot be granted for improper filing or advocating of complaint when motion for sanctions not made until after entry of judgment. |
Civil Procedure |
|
Sep. 6, 1999 | |
|
S072560
|
People v. Newman
Defendant may stipulate to felon status, without advisement by court of rights to jury trial, confront witnesses, and against self-incrimination. |
Criminal Law and Procedure |
|
Sep. 6, 1999 | |
|
S066747
|
Associated Builders and Contractors Inc. v. San Francisco Airports Commission
Prehire agreement for large-scale, complex, public-works construction project, which includes no-strike clause, is constitutional. |
Labor Law |
|
Sep. 6, 1999 | |
|
S071633
|
Norgart v. The Upjohn Co.
After suicide, statute of limitations for wrongful death action against prescription drug manufacturer begins running from date patient kills herself. |
Civil Procedure |
|
Sep. 6, 1999 | |
|
98-0208
|
Lavidas v. Smith
Purchaser of deed is entitled to property despite county treasurer's failure to strict adhere to statute. |
Real Property |
|
Sep. 6, 1999 |