| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S046001
|
Richards v. Owens-Illinois
Proportionate fault isn't allocated to absent tobacco companies in smoker's suit for asbestos lung injury. |
Torts |
|
Jul. 25, 1999 | |
|
B089378
|
People v. Robinson
Court's refusal to appoint indigent defendant's chosen attorney at retrial isn't abuse of discretion. |
Criminal Law and Procedure |
|
Jul. 25, 1999 | |
|
A071958 and A073925
|
Ruisi v. Thieriot
Reference to special master of all custody issues is overbroad and unauthorized by statute. |
Family Law |
|
Jul. 25, 1999 | |
|
B095391
|
Chevron U.S.A. Inc. v. State Board of Equalization
Oil drilling platform not 'delivered' for tax purposes by mid-construction switch to new builder. |
Taxation |
|
Jul. 25, 1999 | |
|
D025132
|
Smith v. State Board of Equalization of the State of California
Owner and occupier of a leasehold condominium is exempt from real property taxation. |
Taxation |
|
Jul. 25, 1999 | |
|
B087890
|
Little Company of Mary Hospital v. Belshe
Three-year period to audit hospital reports doesn't bar late recoupment of Medi-Cal payments. |
Administrative Agencies |
|
Jul. 25, 1999 | |
|
B103350
|
Sutherland v. Barclays American/Mortgage Corp.
Agreement to 'stop' loan account temporarily doesn't mean the account will resume with a balloon payment. |
Contracts |
|
Jul. 25, 1999 | |
|
B096993
|
Marquez v. Enterprise Rent-A-Car
Rental car company isn't liable for injuries caused by person not authorized to drive vehicle. |
Torts |
|
Jul. 25, 1999 | |
|
S053493
|
Van Beurden Insurance Services Inc. v. Customized Worldwide Weather Insurance Agency Inc.
Clerk's mailed notice must affirmatively state it was made by order of the court. |
Civil Procedure |
|
Jul. 25, 1999 | |
|
94-70565
|
Calderon v. U.S. District Court (Gordon)
Amended opinion |
|
Jul. 25, 1999 | ||
|
C024875
|
California Business Council for Equal Opportunity v. Superior Court (Wilson)
Time to challenge 'all-purpose' assignment of judge is extended when assignment notice served by mail. |
Civil Procedure |
|
Jul. 25, 1999 | |
|
95-16556
|
Bankruptcy of Federated Group Inc.
Joining indenture trustee to involuntary bankruptcy doesn't extinguish debenture holders' claims as three qualifying creditors. |
Bankruptcy |
|
Jul. 25, 1999 | |
|
95-16723
|
Harco National Insurance Co. v. Bobac Trucking Inc.
Federally-mandated public liability endorsement in trucker's policy doesn't create duty to defend for uncovered vehicle. |
Insurance |
|
Jul. 25, 1999 | |
|
95-55173
|
Papike v. Tambrands Inc.
State failure-to-warn claim for tampon use injuries is pre-empted by Food, Drug, and Cosmetics Act. |
Torts |
|
Jul. 25, 1999 | |
|
95-56365
|
Snell v. Bell Helicopter Textron Inc.
Manufacturer's design control and placement of aircraft component allegedly causing accident precludes 'military contractor' defense. |
Torts |
|
Jul. 25, 1999 | |
|
95-70346
|
Hadsell v. IRS
Indigent prisoner is entitled to tax court assistance in obtaining documents to establish tax liability defense. |
Taxation |
|
Jul. 25, 1999 | |
|
94-70565
|
Calderon v. U.S. District Court (Gordon)
State cannot challenge capital habeas corpus petitioner's request under Anti-Drug Abuse Act for investigation funds. |
Criminal Law and Procedure |
|
Jul. 25, 1999 | |
|
B087835
|
Wolitarsky v. Blue Cross of California
Discrimination claim under civil rights act providing independent right of action is still arbitrable. |
Contracts |
|
Jul. 25, 1999 | |
|
B097326
|
Recorded Picture Co. Ltd. v. Nelson Entertainment Inc.
Subdistributor of video is obligated under contract with distributor, not distributor's contract with movie producers. |
Contracts |
|
Jul. 25, 1999 | |
|
95-35247
|
Everson v. United States
Taxpayer cannot depreciate nor receive tax credits for trees planted to prevent farm's soil erosion. |
Taxation |
|
Jul. 25, 1999 | |
|
95-56642
|
Torres v. City of Santa Ana
Notice to appear doesn't toll limitations period for filing complaint alleging arrest using excessive force. |
Civil Rights |
|
Jul. 25, 1999 | |
|
94-10507
|
U.S. v. Morales
Expert witness' opinion on predicate matter allows jury to infer whether defendant had required mens rea. |
Criminal Law and Procedure |
|
Jul. 25, 1999 | |
|
95-50308
|
U.S. v. Eshkol
Government's addition of charge after learning of defense theory does not implicate due process concerns. |
Criminal Law and Procedure |
|
Jul. 25, 1999 | |
|
95-55536
|
Bankruptcy of Kennedy
Bankruptcy court can enter monetary judgment on state law claim while making dischargeability determination. |
Bankruptcy |
|
Jul. 25, 1999 | |
|
95-56290
|
Gilligan v. Jamco Development Corp.
Pleadings in housing discrimination suit need not allege each element of prima facie case. |
Civil Rights |
|
Jul. 25, 1999 | |
|
94-17085
|
Budget Rent-A-Car v. Crawford
Despite no pending state litigation, district court must determine state-court remedies before exercising jurisdiction. |
Civil Procedure |
|
Jul. 25, 1999 | |
|
95-16120
|
Magana v. Commonwealth of the Northern Mariana Islands
Public employee cannot sue Mariana Islands Commonwealth for money damages absent legislative cause of action. |
Employment Law |
|
Jul. 25, 1999 | |
|
95-16850
|
Gutowsky v. County of Placer
Termination date starts statute of limitations running on claim against government for gender discrimination policy. |
Employment Law |
|
Jul. 25, 1999 | |
|
95-35151
|
Alaska Wildlife Alliance v. Jensen
Commercial fishing is barred in national park's designated wilderness areas, but not in non-wilderness areas. |
Environmental Law |
|
Jul. 25, 1999 | |
|
95-50309
|
U.S. v. Rutgard
No money laundering conviction if money withdrawn from account retaining all of fraudulently-derived funds. |
Criminal Law and Procedure |
|
Jul. 25, 1999 |