| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
E022643
|
People v. Checketts
Parent is liable for false imprisonment of child when confinement is done with intent to endanger the health and safety of the child. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
A084596
|
In re Polk
3-year commitment to mental hospital after finding defendant is incompetent to stand trial applies to aggregate of all commitments under same charges. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
S065511
|
People v. Barella
Defendant doesn't have to be advised of parole eligibility, including longer sentence under three strikes law, prior to guilty plea. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
S067030
|
California Teachers Assoc. v. State of California
Education Code provision, requiring teachers to bear portion of cost of administrative challenge to suspension or dismissal, is unconstitutional. |
Education |
|
Jun. 3, 1999 | |
|
S056618
|
PPG Industries Inc. v. Transamerica Insurance Co.
Insurer isn't responsible for punitive damages award when insured's conduct is proximate cause, despite finding that award issued due to insurer's failure to settle. |
Insurance |
|
Jun. 3, 1999 | |
|
96-35074
|
Plumeau v. School District #40 County of Yamhill
Official investigation of sex charges against school district employee isn't 'actual notice' for student's tort claim. |
Torts |
|
Jun. 3, 1999 | |
|
B104613
|
Mount Olympus Property Owners Association, Inc. v. Shpirt
No attorney fees are awarded for property restrictions violations absent common areas between properties. |
Real Property |
|
Jun. 3, 1999 | |
|
S050162
|
Hoff v. Vacaville Unified School District
School district owes duty of care to both students and non-students in supervising school parking lot. |
Torts |
|
Jun. 3, 1999 | |
|
S067467
|
Lake Cadena Investments LTD. v. City of Colton
City's rent stabilization ordinance is pre-empted by Mobilehome Residency Law. |
Real Property |
|
Jun. 3, 1999 | |
|
S067173
|
People v. Gulaya
Medical doctor's conviction for unlawful fee splitting cannot stand absent specific intent jury instruction. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
95-56743
|
Bankruptcy of Jenkins
Statutory limit for Chapter 7 trustee's compensation includes fees of paraprofessional trustee hired for routine services. |
Bankruptcy |
|
Jun. 3, 1999 | |
|
97-70193
|
Credit Suisse v. U.S. District Court (Rosales)
Act of state doctrine bars action against bank after Swiss government freezes Ferdinand Marcos assets. |
Banking |
|
Jun. 3, 1999 | |
|
96-56479
|
Coughlin v. Rogers
No joinder of mandamus actions against INS delays in processing applications and petitions absent common question. |
Immigration |
|
Jun. 3, 1999 | |
|
96-35776
|
United States v. M. Cutter Co.
Under Miller Act, personal property lessor can recover sums due between action filing and property return. |
Contracts |
|
Jun. 3, 1999 | |
|
97-15726
|
TCW Special Credits v. Chloe Z Fishing Co. Inc.
Fishing vessel crewmember hired without contract gets greater of promised salary or highest comparable rate. |
Employment Law |
|
Jun. 3, 1999 | |
|
S054624
|
Moeller v. Superior Court (Sanwa Bank)
Predecessor trustee cannot withhold trust administration documents from successor by claiming attorney-client privilege. |
Probate and Trusts |
|
Jun. 3, 1999 | |
|
97-1079
|
Bankruptcy of Elias
California Franchise Tax Board is immune from bankruptcy action to determine state tax liability. |
Bankruptcy |
|
Jun. 3, 1999 | |
|
96-2167
|
Bankruptcy of Cross
Securities Exchange Commission has standing to assert nondischargeability claim against Chapter 7 debtor. |
Bankruptcy |
|
Jun. 3, 1999 | |
|
H016119
|
People v. Tran
Defendant cannot be sentenced to consecutive life terms in order to double minimum term of imprisonment. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
C024734
|
People v. Thompson
Increase in defendants sentence and fines imposed after retrial violates double jeopardy clause. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
B111890
|
Ashley P., a Minor
Awareness of disagreements between family members doesn't damage children's emotional health. |
Juveniles |
|
Jun. 3, 1999 | |
|
B118164
|
Los Angeles County Dept. of Children and Family Services v. Superior Court (Paul C.)
Trial court's judgment cannot be substituted for Department of Children Services without abuse of process finding. |
Juveniles |
|
Jun. 3, 1999 | |
|
A068667
|
People v. Wright
DNA evidence from polymerase chain reaction matching technique satisfies standard for general scientific acceptance and admissibility. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
G017227
|
Balthazor v. Little League Baseball Inc.
Little League team doesn't have a duty to decrease risk of injury to players. |
Torts |
|
Jun. 3, 1999 | |
|
E019765
|
People v. James
Manufacture of methamphetamine is inherently dangerous felony for purposes of second degree felony-murder rule. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
E019715
|
Quintilliani v. Mannerino
Attorney can't rely on legal malpractice statute of limitations for breach of non-legal services contract. |
Contracts |
|
Jun. 3, 1999 | |
|
E018588
|
People v. Thongvilay
Felony murder doctrine applies when defendants cause auto accident death while driving away from committing burglary. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
97-70334
|
Rankin v. Commissioner of Internal Revenue
IRS's income tax adjustment for accounting method change applies when invalid deduction system abandoned in wrong year. |
Taxation |
|
Jun. 3, 1999 | |
|
96-36262 and 96-36263
|
Widrig v. Apfel
Court doesn't abuse discretion in calculating attorney fees award in Social Security cases. |
Attorneys |
|
Jun. 3, 1999 | |
|
97-1409
|
Bankruptcy of Tallant
Obligation of attorney to repay loan from client is nondischargeable where loan is fraudulently induced. |
Bankruptcy |
|
Jun. 3, 1999 |
