| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S021683
|
People v. Jones
Court upholds death sentence but modifies life sentence on kidnapping for purpose of robbery charge. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
S066656
|
McCarty v. Alameda County Superior Court ( Phyljan Corp.)
Review granted |
|
May 21, 1999 | ||
|
95-50615 and 96-50021
|
U.S. v. Franco
Jury can receive unread translated transcripts of audiotapes of foreign-language conversations if defendant doesn't object. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
A077879
|
Westhaven Community Development Council v. County of Humboldt
Forest Practice Act pre-empts county ordinance creating local permit requirements for timber operations. |
Environmental Law |
|
May 21, 1999 | |
|
A077515
|
People v. Bechler
Firefighters acting as paramedics are not 'firefighters' for purposes of statute defining assault on a firefighter. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
A079050
|
Dant v. Superior Court (People)
Trial court has discretion to consider misdemeanor defendant's request for release on his own recognizance. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
B096717
|
Bohan v. Wong
Appeal of dismissal of medical malpractice case is dismissed as untimely. |
Torts |
|
May 21, 1999 | |
|
C025094
|
In re Rhodes
Corrections Department doesn't abuse discretion by exercising authority to assign prisoners to prison away from home. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
B107786
|
Cheeks v. California Fair Plan Association
'Actual cash value' as used in policy means 'fair market value,' not replacement cost minus depreciation. |
Insurance |
|
May 21, 1999 | |
|
D024497
|
Muller v. Automobile Club of Southern California
Employee's temporary stress disorder isn't 'mental disability' or 'medical condition' under Fair Employment and Housing Act. |
Employment Law |
|
May 21, 1999 | |
|
C024734
|
People v. Thompson
Increase in defendants sentence and fines imposed after retrial violates double jeopardy clause. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
B108177
|
People v. Teal
Crime is committed if threat is received whether or not threatener knows victim heard it. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
G016679
|
Manning v. Department of Motor Vehicles
Forensic blood test is inadmissible where report contains inaccurate information. |
Administrative Agencies |
|
May 21, 1999 | |
|
B112956
|
Nelson v. Gorian and Associates
Soil substance damage complaint is time-barred since lot's grading completed over 10 years before suit. |
Real Property |
|
May 21, 1999 | |
|
B109620
|
City of Alhambra v. P.J.B. Disposal Co.
Solid waste disposal company's government contract is not entitled to five-year continuation right. |
Government |
|
May 21, 1999 | |
|
C024918
|
Janzen v. WCAB
Daughter of California resident killed while working out of state is entitled to death benefits. |
Workers' Compensation |
|
May 21, 1999 | |
|
B113169
|
Domenghini v. Evans
Action for injury occurring while wrestling cattle is barred by primary assumption of risk doctrine. |
Torts |
|
May 21, 1999 | |
|
S057081
|
Moss v. Superior Court (Ortiz)
Contempt sanctions permitted where parent's inability to pay support is due to unwillingness to work. |
Family Law |
|
May 21, 1999 | |
|
S057813
|
Davis v. KGO-T.V. Inc.
Fees of expert not ordered by court cannot be recovered in Fair Employment and Housing Act action. |
Employment Law |
|
May 21, 1999 | |
|
S060180
|
People v. Woodell
Trial court can consider appellate record in determining existence and nature of defendant's prior conviction. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
B109739
|
Zellers v. Playa Pacifica Ltd.
Individual hired by unlicensed independent contractor is limited to relief under Workers' Compensation Act for injuries. |
Torts |
|
May 21, 1999 | |
|
D026836
|
People v. Hamilton
Unlawful use of tear gas weapon doesn't require that the weapon be loaded or operable. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
G016540
|
Barbara B. v. Horace Mann Insurance Co.
Insurer isn't obligated to indemnify insured for judgment of more than $500,000 arising from civil action. |
Insurance |
|
May 21, 1999 | |
|
D024037
|
Tinseltown Video Inc. v. Transportation Insurance Co.
Insurer doesn't have duty to defend suit for trespass by wrongful acquisition of partnership assets. |
Insurance |
|
May 21, 1999 | |
|
F026258
|
Alaniz v. Simpson
Insurer owes no duty to applicant's potential victims once applicant is notified he is uninsured. |
Insurance |
|
May 21, 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 |
|
May 21, 1999 | |
|
A077483
|
Estate of Smith
Testator's mistaken belief as to how property will be disposed not grounds for denying admission to probate. |
Probate and Trusts |
|
May 21, 1999 | |
|
B107630
|
Rodney F. v. Karen M.
Presumption that cohabiting husband is father of child doesn't violate biological father's due process rights. |
Family Law |
|
May 21, 1999 | |
|
D027299
|
People v. Bell
Court has discretion to impose concurrent sentences for current felonies committed simultaneously. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
H016362
|
People v. Stubbs
Defendant must obtain certificate of probable cause from trial court to challenge propriety of guilty plea. |
Criminal Law and Procedure |
|
May 21, 1999 |
For reprint rights or to purchase a copy of your Daily Journal photo, email Jeremy_Ellis@dailyjournal.com for prices or call 213-229-5424. To buy more copies, call 866-531-1492 or email subscribe@dailyjournal.com