| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B104932
|
People v. Mosley
Trial court is presumed to know the applicable law allowing discretion to strike prior felony. |
Criminal Law and Procedure |
|
Jul. 28, 1999 | |
|
B098962
|
Bernardi v. City Council of the City of Los Angeles
Court lacks jurisdiction to modify stipulated judgment validating redevelopment plan with certain fiscal and time limitations. |
Government |
|
Jul. 28, 1999 | |
|
D021604
|
Water Quality Association v. City of Escondido
Municipality's ban on water softeners is void due to conflict with state statutory scheme. |
Government |
|
Jul. 28, 1999 | |
|
S054093
|
Mercy Hospital and Medical Center v. Farmers Insurance Group of Companies
Hospital can satisfy lien amount from 50 percent of patient's recovery from tortfeasor or tortfeasor's insurer. |
Torts |
|
Jul. 28, 1999 | |
|
B105297
|
People v. Fine
Statute of limitations for offenses involving securities fraud is tolled by Penal Code 'discovery rule.' |
Criminal Law and Procedure |
|
Jul. 28, 1999 | |
|
B101761
|
California Department of Corrections v. Office of Administrative Hearings (Anthony)
Administrative law judge can appoint psychiatric expert to assist inmate at involuntary medication hearing. |
Criminal Law and Procedure |
|
Jul. 28, 1999 | |
|
95-15207
|
First Estate Bank of Nevada v. United States
Supreme Court's decision bars tolling limitation period for refund based on taxpayer's incompetence before death. |
Taxation |
|
Jul. 28, 1999 | |
|
95-99009
|
Moore Jr. v. Calderon
Order |
|
Jul. 28, 1999 | ||
|
95-55536
|
Bankruptcy of Kennedy
Bankruptcy court can enter monetary judgment on state law claim while making dischargeability determination. |
Bankruptcy |
|
Jul. 28, 1999 | |
|
95-823
|
Smoot v. The City of Placentia
Proof standard for claim of loss of child's companionship is 'deliberate indifference or reckless disregard.' |
Civil Rights |
|
Jul. 28, 1999 | |
|
96-1829
|
Bornstein v. J.C. Penney Life Insurance Co.
Death following surgery creates factual issue if insurance policy is silent on definition of 'accident.' |
Insurance |
|
Jul. 28, 1999 | |
|
B098805
|
People v. Ortiz
Non-profit trade association, representing direct victims of defendant's crime, is awarded restitution. |
Criminal Law and Procedure |
|
Jul. 28, 1999 | |
|
B092022
|
Ruttenberg v. Ruttenberg
Heir of decedent not joined in wrongful death suit has action for damages against filing heirs. |
Torts |
|
Jul. 28, 1999 | |
|
S058619
|
Americans for Nonsmokers' Rights v. State of California
Legislature can amend tobacco tax initiative since amendment is consistent with purposes of act. |
Government |
|
Jul. 28, 1999 | |
|
96-7621
|
Calamia v. Singletary
Order |
|
Jul. 28, 1999 | ||
|
96-653
|
Baker v. GMC
Certiorari granted |
|
Jul. 28, 1999 | ||
|
95-813
|
Bennett v. Spear
Irrigation districts and ranches can challenge biological opinion addressing irrigation project's jeopardy of endangered fish. |
Environmental Law |
|
Jul. 28, 1999 | |
|
S056787
|
People v. Ochoa
Sentence enhancements are consecutive to indeterminate life term under three strikes law. |
Criminal Law and Procedure |
|
Jul. 28, 1999 | |
|
S057498
|
Hecht v. Superior Court (Kane)
As will states, woman gets all of decedent's frozen sperm, which isn't subject to later settlement. |
Probate and Trusts |
|
Jul. 28, 1999 | |
|
S053029
|
People v. Superior Court (Alvarez)
Three strikes law doesn't defeat trial court's sentencing discretion to reduce wobbler felony to misdemeanor. |
Criminal Law and Procedure |
|
Jul. 28, 1999 | |
|
S057804
|
People v. Malave
Order |
|
Jul. 28, 1999 | ||
|
96-17114
|
Fuchslocher v. INS
Order |
|
Jul. 28, 1999 | ||
|
S055740
|
In re Richard A. Hearn
Order |
|
Jul. 28, 1999 | ||
|
S058779
|
Murillo v. Fleetwood Enterprises, Inc.
Song-Beverly Consumer Warranty Act does not expressly preclude award of costs to prevailing defendants. |
Civil Procedure |
|
Jul. 28, 1999 | |
|
B107598
|
Hubbard v. Superior Court (People)
Defense isn't required to disclose statements obtained from prosecution witnesses to be used on cross-examination. |
Criminal Law and Procedure |
|
Jul. 28, 1999 | |
|
96-643
|
Steel Co. v. Citizens for a Better Environment
Environmental organization doesn't have standing to sue manufacturer for past violations of hazardous chemical laws. |
Environmental Law |
|
Jul. 27, 1999 | |
|
95-1943
|
Bankruptcy of Wilborn
Court has authority to allow creditors to file dischargeability complaint up to 165 days after notice. |
Bankruptcy |
|
Jul. 27, 1999 | |
|
95-1535 and 95-1616
|
Bankruptcy of Medina
Court abuses discretion by refusing to allow IRS to set off its claim against debtors. |
Bankruptcy |
|
Jul. 27, 1999 | |
|
96-1091
|
Bankruptcy of McDonell
Recording certified copy of federal money lien creates valid judgment lien on California realty. |
Bankruptcy |
|
Jul. 27, 1999 | |
|
96-1591
|
Bankruptcy of Turner
Municipal court judgment entered after petition was filed isn't final for purposes of collateral estoppel. |
Bankruptcy |
|
Jul. 27, 1999 |