| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
94-36007
|
Alaska Native Class v. Exxon Corp.
Non-economic damage to subsistence lifestyle of Alaska Natives isn't special injury supporting public nuisance action. |
Torts |
|
Aug. 3, 1999 | |
|
94-50305
|
U.S. v. Turman
No plain error in jury instructions unless obvious to reasonably competent trial judge. |
Criminal Law and Procedure |
|
Aug. 3, 1999 | |
|
A070881
|
Cal Pak Delivery Inc. v. United Parcel Service Inc. (Khourie)
Attorney is justifiably disqualified after offering to sell out client and seeking millions for personal payment. |
Attorneys |
|
Aug. 3, 1999 | |
|
A071762
|
People v. Rowland
Defendant is properly resentenced after invalid original sentence lacking award of victim restitution. |
Criminal Law and Procedure |
|
Aug. 3, 1999 | |
|
D024368 and D026009
|
People v. Llamas
Spouse can take community property vehicle with intent to temporarily deprive other spouse's possession. |
Criminal Law and Procedure |
|
Aug. 3, 1999 | |
|
A070538
|
People v. Middleton
Absent evidence supporting provocation, omitted premeditation instruction would not contribute to murder-for-financial-gain conviction. |
Criminal Law and Procedure |
|
Aug. 3, 1999 | |
|
C016864
|
Plunkett v. Spaulding
Expert witness declarations are required for treating doctors also providing standard of care opinions. |
Torts |
|
Aug. 3, 1999 | |
|
B103045
|
Lin v. Medical Board of California
Non-fraudulent intent doesn't defeat citations for doctors using different versions of names appearing on licenses. |
Administrative Agencies |
|
Aug. 3, 1999 | |
|
B094842
|
People v. Robles
Government cannot appeal probation sentence, essentially seeking imposition of prison sentence. |
Criminal Law and Procedure |
|
Aug. 3, 1999 | |
|
B094292
|
People v. Flores
Driver knocked unconscious at scene of accident must provide identifying information immediately after regaining consciousness. |
Criminal Law and Procedure |
|
Aug. 3, 1999 | |
|
B102585
|
People v. Caceres
Three strikes law does not pre-empt statutory 15 percent precommitment conduct credit limitation. |
Criminal Law and Procedure |
|
Aug. 3, 1999 | |
|
B098004
|
People v. Gams
Relationship with victim after imposition of restraining order is not bar to criminal prosecution. |
Criminal Law and Procedure |
|
Aug. 3, 1999 | |
|
B105376
|
New York Times Co. v. Superior Court (Thomas)
California Public Records Act requires sheriff to disclose names of officers who shot at citizen. |
Government |
|
Aug. 3, 1999 | |
|
D021204
|
Conway v. Imperial Beach
City need not obtain Coastal Commission approval of interim ordinance before implementing zoning changes. |
Real Property |
|
Aug. 3, 1999 | |
|
C023034
|
People v. Eldridge
After charges are refiled, defendant must deliver new demand for trial within 90 days. |
Criminal Law and Procedure |
|
Aug. 3, 1999 | |
|
96-80418
|
In re Turner
Order |
|
Aug. 3, 1999 | ||
|
S078579
|
People v. Jenkins
Review granted |
|
Aug. 3, 1999 | ||
|
S079028
|
Kimbrough on Habeas Corpus
Order |
|
Aug. 3, 1999 | ||
|
96-1123
|
U.S. v. Martinez-Villegas
Despite defendants' failure to receive acquittal on entrapment defense, entrapment evidence can be considered for sentencing. |
Criminal Law and Procedure |
|
Aug. 2, 1999 | |
|
B102106
|
Sobremonte v. Superior Court (Bank of America National Trust and Savings Assn.)
Right to enforce arbitration is waived where party unreasonably delays its arbitration demand. |
Civil Procedure |
|
Aug. 2, 1999 | |
|
S058283
|
Employers Mutual Liability Insurance Co. of Wisconsin v. Tutor-Saliba Corp.
Attorney fees provision between contractor and subcontractor permits fees in action between contractor and insurance carrier. |
Workers' Compensation |
|
Aug. 2, 1999 | |
|
C026203
|
Meza v. Southern California Physicians Insurance Exchange
Use of homeopathic remedy as drug without approval isn't covered by insurer under malpractice policy exclusion. |
Insurance |
|
Aug. 2, 1999 | |
|
S067030
|
California Teachers' Association v. State of California
Education Code provision imposing one half of costs on teacher for professional competence hearing is unconstitutional. |
Education |
|
Aug. 2, 1999 | |
|
D029639
|
Board of Education v. Superior Court (Carlin)
No error in accelerating date on which court supervision of school district's voluntary integration program ends. |
Education |
|
Aug. 2, 1999 | |
|
A070809
|
Springmeyer v. Ford Motor Company
Court's exclusion of evidence showing why defendant did not comply with manufacturer's recall is error. |
Torts |
|
Aug. 2, 1999 | |
|
A076339
|
Soldate v. Fidelity National Financial, Inc.
No reversal for wrongful juror instruction in constructive termination case unless jury verdict is prejudiced. |
Labor Law |
|
Aug. 2, 1999 | |
|
S067006
|
People v. McClain
No mandated consecutive sentence for eluding a peace officer. |
Criminal Law and Procedure |
|
Aug. 2, 1999 | |
|
96-36060 and 97-35634
|
Lawson v. Umatilla County
At-will status is not changed when unambiguous disclaimer precludes personnel policies from creating employment contract. |
Employment Law |
|
Aug. 2, 1999 | |
|
A081080
|
Warren v. Superior Court (Taylor)
Defense counsel's challenge for cause of trial judge for bias or prejudice isn't supported by record. |
Criminal Law and Procedure |
|
Aug. 2, 1999 | |
|
97-5737
|
Forney v. Apfel, Comm'r Social Sec.
Certiorari granted |
|
Aug. 2, 1999 |