| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B115166
|
People v. La Stelley
Defendant is improperly convicted of both robbery and grand theft where defendant's conduct constituted one continuous crime. |
Criminal Law and Procedure |
|
Aug. 4, 1999 | |
|
B117790
|
Delgado v. American Multi-Cinema Inc.
No cause of action exists against movie theater for allowing unaccompanied minor watch 'R'-rated movie which allegedly caused minor to kill someone after viewing film. |
Torts |
|
Aug. 4, 1999 | |
|
B121824
|
American International Industries v. Superior Court (Urbach)
Prior representative action by watchdog environmental group bars subsequent class action under doctrine of res judicata. |
Torts |
|
Aug. 4, 1999 | |
|
G024456
|
Building Industry Legal Defense Foundation v. Superior Court (City of San Juan Capistrano)
City cannot adopt interim ordinance that prohibits the processing of development applications, such as a tentative subdivision map. |
Real Property |
|
Aug. 4, 1999 | |
|
A075133
|
Steiny and Company, Inc. v. Citicorp Real Estate, Inc.
Amount construction lender pays itself for interest accrued on loan doesn't have to be disclosed to claimant under 'stop notice laws.' |
Banking |
|
Aug. 4, 1999 | |
|
F031707
|
State Farm Mutual Automobile Insurance Co. v. Federal Insurance Co.
Attorney retained by insurance company to represent insured also has an attorney-client relationship with company for disqualification purposes. |
Attorneys |
|
Aug. 4, 1999 | |
|
B124420
|
Estate of Martin
Executor breaches fiduciary duty by personally benefiting from sale of estate property, and the sale is void. |
Probate and Trusts |
|
Aug. 4, 1999 | |
|
B130332
|
Cano v. Superior Court (People)
Trial court loses jurisdiction to vacate plea and resentence defendant when it sentences defendant to state prison on same day as guilty plea. |
Criminal Law and Procedure |
|
Aug. 4, 1999 | |
|
C031822
|
Curle v. Superior Court (Gleason)
Where underlying facts are in dispute, judge can't be disqualified unless trial court's factual findings are supported by substantial evidence. |
Judges |
|
Aug. 4, 1999 | |
|
97-55649
|
Ellis v. City of San Diego
Doctor who performs medical procedure without plaintiff's consent, isn't shielded from civil rights suit under California's Medical Injury Compensation Reform Act. |
Civil Rights |
|
Aug. 4, 1999 | |
|
D031496
|
People v. Williams
Resisting an executive officer by means of force is a crime of moral turpitude. |
Criminal Law and Procedure |
|
Aug. 4, 1999 | |
|
S076929
|
Levy v. American Honda Motor Co. Inc.
Order |
|
Aug. 4, 1999 | ||
|
S078877
|
Brayley v. Gary L. as District Attorney Lacy
Order |
|
Aug. 4, 1999 | ||
|
S078552
|
Viad Corporation v. Superior Court (Kirkland)
Review granted |
|
Aug. 4, 1999 | ||
|
D031243
|
People v. Hedge
Pending court review of defendant's first commitment to mental health facility, based upon sexually violent predator status, doesn't bar separate, subsequent commitment. |
Criminal Law and Procedure |
|
Aug. 4, 1999 | |
|
G021452
|
People v. Manriquez
Nongang member who fires upon gang members in drive-by shooting can be convicted of aiding and abetting in first-degree murder. |
Criminal Law and Procedure |
|
Aug. 4, 1999 | |
|
B117955
|
Premium Commercial Services Corp. v. National Bank of California
Failure to include key provision in a settlement offer is not a mistake warranting relief from judgment. |
Civil Procedure |
|
Aug. 4, 1999 | |
|
S074782
|
Flores on Habeas Corpus
Order |
|
Aug. 4, 1999 | ||
|
B114341
|
Pruitt v. General Motors Corp.
Jury instruction on consumer expectations test isn't required where injury results from occurrence that isn't within a consumer's 'everyday experience.' |
Torts |
|
Aug. 4, 1999 | |
|
S059692
|
Sanders v. American Broadcasting Companies Inc.
Employees may enjoy a limited expectation of privacy in workplaces that are not open to the public. |
Torts |
|
Aug. 4, 1999 | |
|
G019790
|
Kroll & Kroll v. Paris & Paris
Indemnity may not be sought in a malpractice action from counsel who concurrently, but independently, also represents the client. |
Attorneys |
|
Aug. 4, 1999 | |
|
B123700
|
People v. Stanley
Search warrant isn't required for police to ask electric company to install surveillance meter on utility pole on suspect's property. |
Criminal Law and Procedure |
|
Aug. 4, 1999 | |
|
A080411
|
Smith v. Maldonado
Disseminating truthful and accurate newspaper article with 'highlighted' passages doesn't constitute defamation. |
Torts |
|
Aug. 4, 1999 | |
|
G024940
|
Miguel V. v. Superior Court (Orange County Social Services Agency)
Substantial compliance by incarcerated parent with juvenile court's reunification plan prevents it from terminating reunification services. |
Family Law |
|
Aug. 4, 1999 | |
|
E022279
|
Palm Springs Tennis Club v. Rangel
To maintain a libel cause of action, reasonable reader must impute to a statement a meaning which tended to harm reputation of plaintiff. |
Torts |
|
Aug. 4, 1999 | |
|
B124899
|
Bowen v. WCAB
Professional athlete living in California, who contracts with out-of-state team in California, is entitled to state workers' compensation benefits. |
Workers' Compensation |
|
Aug. 4, 1999 | |
|
b119670
|
Daks v. Franchise Tax Board
Pension income earned in another state, but distributed after taxpayer becomes a California resident, is taxable. |
Taxation |
|
Aug. 4, 1999 | |
|
E022525
|
People v. Thornton
Trial court abuses its discretion in striking prior convictions when it fails to consider particulars of defendant's background, character, and prospects. |
Criminal Law and Procedure |
|
Aug. 4, 1999 | |
|
H017530
|
Zachary H., a Minor
A 'showing of unfitness' is required only when it relates to the termination of parental rights, not when it involves custody of a minor. |
Family Law |
|
Aug. 4, 1999 | |
|
G022651
|
Ariel H., a Minor
Unwed biological father is the presumed father of his natural child only if he promptly assumes parental responsibilities. |
Family Law |
|
Aug. 4, 1999 |