| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C024030 and C024822
|
NBS Imaging Systems Inc. v. State Board of Control (Polaroid Corp.)
Court cannot reverse decision of administrative board based on legal theory never raised in administrative proceedings. |
Administrative Agencies |
|
Jun. 7, 1999 | |
|
C017627
|
Buzgheia v. Leasco Sierra Grove
Contractor has burden to prove responsible managing employee was bona fide. |
Contracts |
|
Jun. 7, 1999 | |
|
A075777
|
Trans-action Commercial Investors Ltd. v. Firmaterr Inc.
Counsel cannot be ordered to pay opposing party fees and costs as sanction for causing mistrial. |
Attorneys |
|
Jun. 7, 1999 | |
|
B103415
|
Doheny West Homeowners' Assoc. v. American Guarantee & Liability Insurance Co.
Scope of collapse coverage in property insurance policy extends to both actual and imminent collapse. |
Insurance |
|
Jun. 7, 1999 | |
|
97-625
|
Dryden v. Madison City
Order |
|
Jun. 7, 1999 | ||
|
A074843
|
People v. Gillispie
Refusal to strike prior is justified for defendant's numerous armed robberies over short period of time. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
A078749
|
Estate of Anderson
Undivorced bigamous spouse is estopped from asserting inheritance rights against estate of spouse who died intestate. |
Probate and Trusts |
|
Jun. 7, 1999 | |
|
F027004
|
People v. Casillas
Defendant cannot withdraw plea when express condition subsequent to bargain, nonappearance at sentencing, occurs. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
A078530
|
Quackenbush v. Superior Court (Congress of California Seniors)
Injunction against expenditure of state funds to implement Proposition 213, restricting damage recovery, is invalid. |
Insurance |
|
Jun. 7, 1999 | |
|
95-16704
|
Henry v. The County of Shasta
Post-event evidence is admissible to prove municipal policy or custom of unconstitutional treatment of arrestees. |
Civil Rights |
|
Jun. 7, 1999 | |
|
96-2046
|
Shalala , Sec., H & HS v. Toledo Hospital
Order |
|
Jun. 7, 1999 | ||
|
S054501
|
Aerojet-General Corporation v. Transport Indemnity Co.
Order |
|
Jun. 7, 1999 | ||
|
97-115
|
Kawaauhau v. Geiger
Malpractice claim against physician is not nondischargeable on the basis of 'willful and malicious' injury. |
Bankruptcy |
|
Jun. 7, 1999 | |
|
96-1569
|
Bogan v. Scott-Harris
Local legislators are entitled to absolute immunity from Civil Rights Act suits for legislative activities. |
Civil Rights |
|
Jun. 7, 1999 | |
|
96-7171
|
Spencer v. Kemna
Expiration of prisoner's sentence causes his habeas corpus petition challenging parole revocation to be moot. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
95-56352
|
United States v. Real Property Located at 25445 Via Dona Christa, Valencia, California
Prolonged and continuous drug dealing from family home can be sufficient to justify its forfeiture. |
Civil Procedure |
|
Jun. 7, 1999 | |
|
95-56731 and 95-56736
|
Hernandez v. City of El Monte
Dismissal of civil rights action for judge-shopping without first considering lesser sanction is error. |
Civil Rights |
|
Jun. 7, 1999 | |
|
96-1469
|
U.S. v. Ramirez
Fourth Amendment doesn't hold officers to higher standard when 'no-knock' entry causes destruction of property. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
97-35654
|
Neighbors of Cuddy Mountain v. U.S. Forest Service
In analyzing proposed timber sale's impact, Forest Service must demonstrate consistency in impact on indicator species. |
Environmental Law |
|
Jun. 7, 1999 | |
|
94-17143
|
International Technologies Consultants Inc. v. Pilkington PLC
Consent decree doesn't bar claim against monopolist for sabotaging plaintiff's new competitive agreement with third party. |
Antitrust |
|
Jun. 7, 1999 | |
|
96-35379
|
Interstate Fire & Casualty Co. v. Underwriters At Lloyd's London
Primary insurer cannot adopt inconsistent position in subsequent litigation with an excess insurer. |
Insurance |
|
Jun. 7, 1999 | |
|
96-71121
|
Aguilera-Medina v. INS
Departure and return to United States by lawful temporary resident under agricultural workers program isn't 'entry.' |
Immigration |
|
Jun. 7, 1999 | |
|
97-50048
|
U.S. v. Toothman
Defendant is permitted to withdraw guilty plea when sentenced to felony after pleading to misdemeanor. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
96-15734
|
Fireman's Fund Insurance Co. v. Cho Yang Shipping Co. Ltd.
No in rem proceedings in foreign courts doesn't bar enforcing forum-selection clause in overseas shipping contract. |
Maritime Law |
|
Jun. 7, 1999 | |
|
97-10116
|
U.S. v. Terrence
Compact of Free Association doesn't immunize Palauans from prosecution for illegal U.S. reentry after deportation. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
G016416
|
Dynamic Concepts Inc. v. Truck Insurance Exchange
Insurer isn't responsible for settlement where insured excluded insurer-appointed defense counsel from settlement negotiations. |
Insurance |
|
Jun. 7, 1999 | |
|
C023360 and C023368
|
Professional Engineers in California Government v. Wilson
Use of funds from State Highway Account as reimbursement for rail bond payments is proper. |
Government |
|
Jun. 7, 1999 | |
|
G017070
|
Barrett v. Dawson
Amendment to statute declaring restrictive covenants void is applied retroactively. |
Real Property |
|
Jun. 7, 1999 | |
|
B116550
|
People v. Aguilar
Denial of motion to dismiss for violation of speedy trial right isn't appealable after guilty plea. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
B114349
|
Wooden v. Raveling
Outrageous conduct isn't a component of non-bystander negligent infliction of emotional distress claim. |
Torts |
|
Jun. 7, 1999 |
