| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S066143
|
People v. Callihan
Review granted |
|
May 26, 1999 | ||
|
S066674
|
Henry v. WCAB
Order |
|
May 26, 1999 | ||
|
S066747
|
Associated Builders and Contractors Inc. v. San Francisco Airports Commission (San Mateo County Building and Construction Trades Council)
Project stability agreement between agency and labor organization complies with public contracting competitive bid laws. |
Government |
|
May 26, 1999 | |
|
96-17034
|
De La Rosa v. Scottsdale Memorial Health Systems Inc.
Order |
|
May 26, 1999 | ||
|
C025126
|
Long v. Cuttle Construction Co.
Interest on judgment ceases to run as soon as payment check is delivered. |
Business Law |
|
May 26, 1999 | |
|
A076392
|
People v. Barra
Doubling provision of three strikes law applies to determinate life sentence. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
E017501
|
Swiss Property Management Co. Inc. v. Southern California IBEW-NECA Pension Plan
California Land Title Association form subordination agreement gives lender's deed of trust priority over seller's deed. |
Real Property |
|
May 26, 1999 | |
|
A076842
|
Panagotacos v. Bank of America
Bank's delay in reconveying title didn't prevent plaintiffs' property purchase, therefore action doesn't exist against bank. |
Contracts |
|
May 26, 1999 | |
|
D023663
|
Karl v. Commonwealth Land Title Insurance Co.
Title insurance policy loss is determined by fair market value of property at time of foreclosure. |
Insurance |
|
May 26, 1999 | |
|
97-10212 and 97-10218
|
U.S. v. Zarate-Martinez
Due process challenge to illegal re-entry after deportation conviction must show both illegal deportation and prejudice. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
A074816
|
Ching v. San Francisco Board of Permit Appeals (Harsch Investment Corp.)
Appeal of conditional use permit based on conflict of interest by Board member is untimely. |
Real Property |
|
May 26, 1999 | |
|
A078353
|
John Hancock Mutual Life Insurance Co. v. Greer
Disability policy's incontestability clause bars insurer's recission action based on alleged misrepresentations by insured. |
Insurance |
|
May 26, 1999 | |
|
B098470
|
Gamage v. Medical Board of California
Agency entitled to full amount it paid for hearing transcript where plaintiff's petition is defeated. |
Administrative Agencies |
|
May 26, 1999 | |
|
C024675
|
People v. Proby
Evidence is sufficient to prove defendant acted as 'major participant' with 'reckless disregard' for human life. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
E016259
|
City of Lake Elsinore v. Ranel Development Co.
City's failure to adopt resolution of necessity in eminent domain action doesn't necessitate dismissal. |
Real Property |
|
May 26, 1999 | |
|
B115912
|
Sabrina N., a Minor
Failure to provide incarcerated father reasonable reunification services with child requires order vacating termination of services. |
Juveniles |
|
May 26, 1999 | |
|
B107221
|
People v. Gatson
Victim's statements that she was robbed are properly admitted under dying declaration exception to hearsay rule. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
B111151
|
Parage v. Couedel
Failure to become aware of probate proceedings after publication notice isn't mistake permitting relief from judgment. |
Probate and Trusts |
|
May 26, 1999 | |
|
H015346
|
Galante Vineyards v. Monterey Peninsula Water Management District
Party can bring action to set aside environmental impact report approval if objection raised before certification. |
Environmental Law |
|
May 26, 1999 | |
|
96-1291
|
Oubre v. Entergy Operations Inc.
Release that doesn't comply with Older Workers Benefit Protection Act cannot bar former employee's claims. |
Employment Law |
|
May 26, 1999 | |
|
96-1579
|
Brogan v. United States
No exception to federal statutory criminal liability for false statement consisting of mere 'exculpatory no.' |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
B110351
|
Gentis v. Safeguard Business Systems, Inc., et al.
Persons who solicit orders but lack authority to enter contracts are franchisees. |
Contracts |
|
May 26, 1999 | |
|
97-1389
|
Bankruptcy of Magno
Untimely amended complaint stating new grounds for nondischargeability does not relate-back to original complaint. |
Bankruptcy |
|
May 26, 1999 | |
|
96-1581
|
South Dakota v. Yankton Sioux Tribe
Language of Act of 1894 shows Congressional intent to diminish Yankton Reservation. |
Native American Affairs |
|
May 26, 1999 | |
|
96-795
|
Allentown Mack Sales & Service Inc. v. NLRB
Board's reasonable doubt test for employer polling is consistent with statute but evidence doesn't support findings. |
Labor Law |
|
May 26, 1999 | |
|
B090280
|
People v. Moenius
Evidence is sufficient to establish prior burglary convictions were qualifying felony convictions under three strikes law. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
B099986
|
Weddington Productions Inc. v. Flick
Court cannot enforce 'order enforcing settlement agreement' issued by private judge in voluntary mediation. |
Civil Procedure |
|
May 26, 1999 | |
|
A078481
|
First Presbyterian Church of Berkeley v. City of Berkeley
Ellis Act pre-empts municipal regulations regarding landlord's ability to demolish residential property but not environmental regulations. |
Real Property |
|
May 26, 1999 | |
|
B103379
|
Beckstead v. WCAB
Workers' Compensation Appeals Board abuses its discretion by not considering injured employee's cumulative trauma injury. |
Workers' Compensation |
|
May 26, 1999 | |
|
G019652
|
Wawanesa Mutual Insurance Co. v. Matlock
17-year-old isn't liable for damage caused by cigarette he gave to 15-year-old. |
Torts |
|
May 26, 1999 |
