| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C029377
|
Haley v. Dow Lewis Motors
Trial court must allow plaintiff opportunity to amend his complaint to substitute a bankruptcy trustee as a party plaintiff. |
Civil Procedure |
|
May 20, 1999 | |
|
D026130
|
Bollinger v. San Diego Civil Service Commission
Police department employee isn't entitled to written notification of his right to a public hearing 24-hours before he is demoted. |
Administrative Agencies |
|
May 20, 1999 | |
|
B120795
|
People v. Elize
Defendant's convictions for assault and battery cannot stand due to failure to give jury instruction on self-defense. |
Criminal Law and Procedure |
|
May 20, 1999 | |
|
B125812
|
Estrada v. Ramirez
Jurisdiction to review appeal from order imposing discovery sanctions, rests with the appellate department of the superior court. |
Civil Procedure |
|
May 20, 1999 | |
|
B126555
|
General Dynamics Corp. v. WCAB
Asbestos exposure claim could be barred on res judicata grounds if injury known at time of prior settlement for asthma injury. |
Workers' Compensation |
|
May 20, 1999 | |
|
G019626
|
Farmers Insurance Exchange v. Smith
Although injured policyholder receives payments from insurer and tortfeasor, his attorney can't be forced by insurer to act as a collection agent. |
Insurance |
|
May 20, 1999 | |
|
H017471
|
Sutter's Place Inc. v. Kennedy
Fee collection practices used to collect on bets at certain card games doesn't violate 'percentage game' statute. |
Criminal Law and Procedure |
|
May 20, 1999 | |
|
A072114 and A074710
|
Estate of Beard
Set aside original settlement order invalidates order for preliminary distribution of property derived from settlement. |
Probate and Trusts |
|
May 20, 1999 | |
|
A084765
|
Safeco Insurance Co. of America v. Superior Court (McKinney)
Insurer defending action is not bound by stipulated judgment entered into without insurer's consent. |
Insurance |
|
May 20, 1999 | |
|
C028540
|
Construction Industry Force Account Council v. Amador Water Agency
Agency has statutory authority to use its own personnel to complete project and isn't required to advertise for bids from outside contractors. |
Contracts |
|
May 20, 1999 | |
|
B119427
|
Paykar Construction Inc. v. Bedrosian
Creditor must apply for fair value determination on property sold pursuant to judicial foreclosure within three months of highest bid received at auction. |
Real Property |
|
May 20, 1999 | |
|
98-7107
|
Owen v. Apfel
Order |
Administrative Agencies |
|
May 20, 1999 | |
|
99-7005a
|
James v. Scott
Order |
Criminal Law and Procedure |
|
May 20, 1999 | |
|
B123974
|
Herman v. Los Angeles County Metropolitan Transportation Authority
Limitations period for seeking judicial review of termination from employment only applies if party, rather than attorney, is served with requisite notice. |
Administrative Agencies |
|
May 20, 1999 | |
|
B122159
|
Jones v. Adams Financial Services
Arbitration provision is unenforceable where execution of entire agreement obtained by fraud. |
Contracts |
|
May 20, 1999 | |
|
G023528 and G023882
|
Matthew P., a Minor
Due process rights of de facto parents are violated if they are denied the right to confrontation and the right to be heard. |
Juveniles |
|
May 20, 1999 | |
|
B125812
|
Estrada v. Ramirez
Jurisdiction to review appeal from order imposing discovery sanctions, rests with the appellate department of the superior court. |
Civil Procedure |
|
May 20, 1999 | |
|
98-1008
|
Hon. Hilda L. Solis, Member of the California State Senate
Notice & voter approval necessary before municipal water district assesses standby charge at higher rate. |
Administrative Agencies |
|
May 20, 1999 | |
|
98-1102
|
The California Law Enforcement Telecommunications Advisory Committee
California Law Enforcement Telecommunications System can be used by city providing parking citation management services to another city under contract. |
Government |
|
May 20, 1999 | |
|
98-1011
|
Hon. Robert Westmeyer, County Counsel Napa County
Alternate member of Local Agency Formation Commission can participate in public hearings, but can't attend closed sessions unless covering for regular member. |
Administrative Agencies |
|
May 20, 1999 | |
|
98-1004
|
Hon. Dean D. Flippo, District Attorney, Monterey County
Prohibition of firearm in school zone applies to firearm in two parts that assemble into one with push of button and shift of pin. |
Criminal Law and Procedure |
|
May 20, 1999 | |
|
B108122
|
Hongsathavij v. Queen of Angels/Hollywood Presbyterian Medical Center
Appeal board applies correct standard and relies on substantial evidence in removing physician from call panel. |
Administrative Agencies |
|
May 19, 1999 | |
|
S056331
|
People v. Leon
Review granted |
|
May 19, 1999 | ||
|
97-15128
|
U.S. v. McClain
Double jeopardy isn't violated by resentencing defendant within original 'package' sentence after conviction vacated. |
Criminal Law and Procedure |
|
May 19, 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 19, 1999 | |
|
96-843 and 96-847
|
National Credit Union Administration v. First National Bank & Trust Co.
Commercial banks have standing to seek federal court review of National Credit Union Administration's statutory interpretation. |
Banking |
|
May 19, 1999 | |
|
96-1577
|
Alaska v. Native Village of Venetie Tribal Government
Tribe cannot collect taxes for conducting business on tribal land since land isn't 'Indian Country.' |
Native American Affairs |
|
May 19, 1999 | |
|
D024643
|
San Dieguito Partnership, L.P. v. San Dieguito River Valley Regional Open Space Park Joint Powers Authority
Attorney fee award in California Environmental Quality Act action is excessive. |
Environmental Law |
|
May 19, 1999 | |
|
S052399
|
People v. Chany
Legislative elimination of substantive offense within gang statute requires overturning convictions under statute. |
Criminal Law and Procedure |
|
May 19, 1999 | |
|
S056331
|
People v. Leon
Order |
|
May 19, 1999 |
