| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
H016554
|
Covarrubias v. Superior Court (People)
Court has discretion on whether to require individual sequestered voir dire in capital murder case. |
Criminal Law and Procedure |
|
May 25, 1999 | |
|
A070295
|
Sears v. Baccaglio
Party can fail to recover monetary judgment yet prevail for collection of attorney fees purposes. |
Contracts |
|
May 25, 1999 | |
|
E018932
|
Harris v. King
Doctor's medical report to State Compensation Insurance Fund is privileged prelitigation communication barring defamation action. |
Torts |
|
May 25, 1999 | |
|
A078680
|
McColm v. Westwood Park Association
Vexatious litigant is properly ordered to post undertaking as condition to proceeding with appeal. |
Civil Procedure |
|
May 25, 1999 | |
|
C015891
|
Akins v. The State of California
Reasonableness test inapplicable if governmental flood control works floods property not historically subject to flooding. |
Real Property |
|
May 25, 1999 | |
|
97-80702
|
Hamilton v. Calderon
Order |
|
May 25, 1999 | ||
|
96-55359
|
Patel v. Reno
Visa application of citizen's spouse cannot be held in abeyance pending outcome of denaturalization proceedings. |
Immigration |
|
May 25, 1999 | |
|
95-16991
|
Santamaria v. Horsley
Double jeopardy doesn't prevent reintroduction of weapon use despite first jury's finding of no weapon enhancement. |
Criminal Law and Procedure |
|
May 25, 1999 | |
|
S061138
|
Cuadra v. Millan
Labor Commissioner must calculate back pay from date claims are filed, not heard. |
Administrative Agencies |
|
May 25, 1999 | |
|
S007386
|
People v. Hill
Pervasive misconduct by prosecutor and multiple prejudicial errors require reversal of conviction and death sentence. |
Criminal Law and Procedure |
|
May 25, 1999 | |
|
96-15506
|
Allstate Insurance Co. v. Alamo Rent-A-Car Inc.
Order |
|
May 25, 1999 | ||
|
B111973
|
People v. DeSimone
Two 'multiple victim' circumstance findings may be made in single case under 'one strike' law. |
Criminal Law and Procedure |
|
May 25, 1999 | |
|
A078087
|
Zamudio v. State of California
Tort Claims Act doesn't obligate public entity to defend employee sued solely due to union duties. |
Government |
|
May 25, 1999 | |
|
B114125
|
Brown v. FSR Brokerage Inc.
Brokers are liable for damages when they breach fiduciary duties while representing both buyer and seller. |
Real Property |
|
May 25, 1999 | |
|
D029325
|
Ninfa S., a Minor
Alleged father's rights aren't violated by not continuing termination hearing to complete paternity testing. |
Juveniles |
|
May 25, 1999 | |
|
B094459
|
Kasper v. Cedars-Sinai Medical Center
Appeal of summary judgment filed over 60 days after entry of judgment is dismissed as untimely. |
Civil Procedure |
|
May 25, 1999 | |
|
B109505
|
Quackenbush v. Mission Insurance Co.
Permitting submission of estimated claims doesn't force estimated payment of incurred liability. |
Insurance |
|
May 25, 1999 | |
|
D025554
|
County Mobilehome Positive Action Committee Inc. v. County of San Diego
Mobilehome rent regulation ordinance impermissibly restricts future County Board's exercise of police power. |
Constitutional Law |
|
May 25, 1999 | |
|
D029758
|
In re Betts
Code of Civil Procedure and Penal Code don't conflict when enforcing restitution from inmate's trust. |
Criminal Law and Procedure |
|
May 25, 1999 | |
|
B116901
|
International Insurance Co. v. Superior Court (Rhone-Poulenc Basic Chemicals Co.)
Extraordinary writ isn't appropriate to review trial court order granting reconsideration of summary adjudication motion. |
Civil Procedure |
|
May 25, 1999 | |
|
E019715
|
Quintilliani v. Mannerino
Attorney can't rely on legal malpractice statute of limitations for breach of non-legal services contract. |
Contracts |
|
May 25, 1999 | |
|
A076339
|
Soldate v. Fidelity National Financial, Inc.
No reversal for wrongful juror instruction in constructive termination case unless jury verdict is prejudiced. |
Labor Law |
|
May 25, 1999 | |
|
A074154
|
California Service Station and Automobile Repair Association v. American Home Assurance Co.
No duty of care requires disclosure of dividend information during arms' length insurance purchase negotiations. |
Torts |
|
May 25, 1999 | |
|
H016348
|
Barton v. Elexsys International Inc.
Summary judgment proper where no evidence supports right to exercise stock options 12 months after termination. |
Civil Procedure |
|
May 25, 1999 | |
|
F027264
|
People v. Buchholz
Failure to instruct on element of crime isn't harmless where jury didn't actually consider relevant facts. |
Criminal Law and Procedure |
|
May 25, 1999 | |
|
A078680
|
McColm v. Westwood Park Association
Vexatious litigant subject to pre-filing order can't appeal without permission of administrative presiding justice. |
Civil Procedure |
|
May 25, 1999 | |
|
95-16991
|
Santamaria v. Horsley
Double jeopardy doesn't prevent reintroduction of weapon use despite first jury's finding of no weapon enhancement. |
Criminal Law and Procedure |
|
May 25, 1999 | |
|
96-17014
|
Ritchey v. Upjohn Drug Co.
Joinder of non-diverse defendants does not defeat removal where complaint states no claim against them. |
Civil Procedure |
|
May 25, 1999 | |
|
D026794
|
San Diego Unified Port District v. U.S. Citizens Patrol
Injunction restricting group's activities at airport unconstitutionally enforces 'heckler's veto' and is overbroad. |
Constitutional Law |
|
May 25, 1999 | |
|
H016374
|
CAT Partnership v. County of Santa Cruz
Rate protection provisions in cable operators' local franchise agreements aren't subject to property tax. |
Taxation |
|
May 25, 1999 |
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