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Name Category Published
Ferguson v. Commissioner of Internal Revenue Service.
Plaintiff's gain in appreciated stock later transferred to charitable organizations is taxable income under anticipatory assignment of income doctrine. 		Taxation Jul. 7, 1999
Hart v. Gomez
Failure of defense attorney to introduce records corroborating possible biased defense witness' uncorroborated testimony is ineffective assistance of counsel. 		Criminal Law and Procedure Jul. 7, 1999
Michelson v. Camp
Lenders' full credit foreclosure sale bid in excess of loan related damages precludes recovery in tort. 		Real Property Jul. 7, 1999
Hill v. City of Fresno
Developer's suit challenging water fees is improperly dismissed under general statute, since special statute only applies to agency decisions. 		Real Property Jul. 7, 1999
Cybermedia Inc. v. Superior Court (Brown)
Where general notice is insufficient, peremptory challenge against newly assigned judge, filed within 15 days of actual notice, is proper. 		Judges Jul. 7, 1999
TwoRivers v. Lewis
State law regarding retroactive application of amended statute doesn't apply even if state limitation period is adopted in federal civil rights claim. 		Civil Procedure Jul. 7, 1999
Minnesota Mutual Life Insurance Co. v. Ensley
Proceeds from term life insurance are either community or separate property depending on who paid the premium during final term. 		Insurance Jul. 7, 1999
United States v. Alpine Land & Reservoir Co.
District court has exclusive jurisdiction over appeal regarding water rights adjudicated under its decrees and can enjoin state court proceeding. 		Environmental Law Jul. 7, 1999
Gonzalez v. Metropolitan Transportation Authority
When it's unclear whether employees challenging urine tests perform work that risks public safety, dismissal of complaint is improper. 		Constitutional Law Jul. 7, 1999
Johnson v. Gila River Indian Community
Tribal court litigant doesn't have to exhaust tribal court remedies before filing in federal court when tribal court fails to rule. 		Native American Affairs Jul. 7, 1999
Brookfield Communications Inc. v. West Coast Entertainment Corp.
Federal trademark and unfair competition law can bar video rental chain from using trademark of entertainment-based company in its website's domain name. 		Intellectual Property Jul. 7, 1999
Stanford University Hospital v. Federal Insurance Co.
Losses to payroll tax company's clients caused by misappropriation of funds aren't covered by insurance policy with exclusion for losses caused by authorized representative. 		Insurance Jul. 7, 1999
U.S. v. Phillips
Restitution cannot be ordered based on counts dropped pursuant to plea bargain unless payment is specifically part of plea agreement. 		Criminal Law and Procedure Jul. 7, 1999
Jauregi v. Superior Court (People)
Hearsay isn't admissible to prove standing in drug trafficking related forfeiture proceeding. 		Civil Procedure Jul. 7, 1999
People v. Lewis
Prior juvenile adjudication doesn't qualify as strike as it doesn't satisfy requirements of the Welfare and Institutions Code for strike eligibility. 		Criminal Law and Procedure Jul. 7, 1999
Smeaton v. Fidelity National Title
Limitations period for claims founded upon a title insurance policy commences when policy is issued. 		Insurance Jul. 7, 1999
Jewish Defense Organization Inc. v. Superior Court (Rambam)
Out-of-state operation of web site, containing defamation, through California Internet service provider is insufficient for jurisdiction. 		Torts Jul. 7, 1999
Arambula v. Wells
Under collateral source rule, money given as a gift to benefit tort victim isn't considered double recovery. 		Torts Jul. 7, 1999
Anthony B., a Minor
Order denying reinstatement of supervised visitation isn't appealable if made contemporaneously with order setting a permanency planning hearing. 		Juveniles Jul. 7, 1999
Reliance National Indemnity Co. v. General Star Indemnity Co.
Indemnification agreement between insured and third party doesn't supersede general coverage rule in dispute between primary and excess insurance carriers. 		Insurance Jul. 7, 1999
Hendrickson v. Zurich American Insurance Co. of Illinois
Third party action for loss of use of fields resulting from delivery of defective crops, constitutes 'property damage' for purposes of indemnification by insurer. 		Insurance Jul. 7, 1999
Maginn v. City of Glendale
Action to review decision regarding subdivision of property must be commenced and service of summons effected within 90 days of such decision. 		Real Property Jul. 7, 1999
People v. Allen
No error admitting DNA evidence obtained by short tandem repeats polymerase chain reaction testing nor in finding tests are 'generally accepted in scientific community.' 		Criminal Law and Procedure Jul. 7, 1999
South Bay Building Enterprises Inc. v. Riviera Lend-Lease Inc.
Complaint can be amended at trial when operative facts are included in complaint and evidence supporting liability is adduced from defense witnesses. 		Civil Procedure Jul. 7, 1999
Austin v. Superior Court (Chambers, Noronha & Lowry)
Attorney sued for malpractice cannot cross-complain against former client's current lawyer for indemnity or contribution. 		Attorneys Jul. 7, 1999
Marriage of Lautsbaugh
Termination of child support doesn't constitute change of circumstances justifying increase in spousal support. 		Family Law Jul. 7, 1999
People v. Diller
Prior juvenile adjudication that's violent offense under Penal Code, but not listed in Welfare and Institutions Code, doesn't qualify as strike. 		Criminal Law and Procedure Jul. 7, 1999
Caloca v. County of San Diego
Where finding of misconduct against deputies constitutes a punitive action, deputies are entitled to administrative appeal. 		Administrative Agencies Jul. 7, 1999
Cynthia C. v. Superior Court (Orange County Social Services Agency)
No abuse of discretion in denial of parent's request to withdraw waiver of reunification services. 		Juveniles Jul. 7, 1999
Aetna Health Plans of California Inc. v. Yucaipa-Calimesa Joint Unified School District
No cause of action can be maintained for contribution and indemnity between two insurers who both provided coverage for same incident. 		Insurance Jul. 7, 1999
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