| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S065206
|
Messner v. Los Angeles County Superior Court (Bank of America)
Order |
|
Apr. 1, 1999 | ||
|
B120096
|
People v. Moore
Willfulness is element of crime of omission to provide necessities of life for child. |
Criminal Law and Procedure |
|
Apr. 1, 1999 | |
|
A079271
|
Gatton v. A.P. Green Services, Inc.
Deposition testimony that is inadmissible hearsay doesn't create triable issue of fact defeating summary judgment. |
Torts |
|
Apr. 1, 1999 | |
|
A076964
|
Syntex Corp. v. Lowsley-Williams and Companies.
Insurers not responsible for costs resulting from intentional release of hazardous substances |
Environmental Law |
|
Apr. 1, 1999 | |
|
D026485
|
Townsel v. San Diego Metropolitan Transit Development Board
Due process entitles terminated public employee to evidentiary hearing. |
Government |
|
Apr. 1, 1999 | |
|
97-35467
|
ONRC Action v. Bureau of Land Management
Pendency of environmental impact statement on regional plan doesn't bar actions consistent with existing plans. |
Environmental Law |
|
Apr. 1, 1999 | |
|
G016980 and G017471
|
Quigley v. First Church of Christ, Scientist
Neither Christian Science practitioners nor child's grandmother have duty to refer child for conventional medical treatment. |
Torts |
|
Apr. 1, 1999 | |
|
B101455
|
Furla v. Jon Douglas Co.
Evidence that competent agent would have known home was smaller than advertised precludes summary judgment. |
Torts |
|
Apr. 1, 1999 | |
|
B112896
|
Crookall v. Davis, Punelli, Keathley & Willard
Attorneys who didn't raise anti-deficiency statute in underlying case may have committed malpractice. |
Attorneys |
|
Apr. 1, 1999 | |
|
B114161
|
City of Los Angeles v. Amwest Surety Insurance Co.
Surety bond for public improvements may require payment of 'penal sum' in event of contractor's default. |
Insurance |
|
Apr. 1, 1999 | |
|
B119418
|
M/A Com-Phi v. WCAB
Opinions of reporting doctors aren't substantial evidence if they haven't viewed relevant surveillance films. |
Workers' Compensation |
|
Apr. 1, 1999 | |
|
D026372
|
Ludwig v. City of San Diego
City traffic engineer owes no duty to worker injured in collapsing trench because incident wasn't foreseeable. |
Torts |
|
Apr. 1, 1999 | |
|
D029674
|
People v. Andrews
No denial of equal protection where a county complies more strictly with three strikes law than another county would. |
Criminal Law and Procedure |
|
Apr. 1, 1999 | |
|
E020253 and E021863
|
People v. Craig
Threat contingent upon future event is crime if there's apparent ability to carry out the threat. |
Criminal Law and Procedure |
|
Apr. 1, 1999 | |
|
A076754
|
Damian v. Tamondong
Defendant in voluntarily dismissed deficiency action under Rees-Levering Act may be entitled to attorney fees. |
Contracts |
|
Apr. 1, 1999 | |
|
G018024
|
Pacific Trends Lamp & Lighting Products Inc. v. J. White Inc.
Orange County court rule imposing sanctions conflicts with statutory requirements of motion for new trial. |
Civil Procedure |
|
Apr. 1, 1999 | |
|
97-10273
|
U.S. v. Stoddard
Person convicted of defrauding bank needn't pay restitution for value of diverted business opportunity. |
Criminal Law and Procedure |
|
Apr. 1, 1999 | |
|
97-30102
|
U.S. v. Morfin
Erroneous jury instruction not challenged at trial doesn't require reversal if evidence of guilt was overwhelming. |
Criminal Law and Procedure |
|
Apr. 1, 1999 | |
|
97-35341
|
Minidoka Irrigation District v. Dept. of the Interior
Bureau of Reclamation doesn't repudiate contract by claiming no funds are due to irrigation district. |
Government |
|
Apr. 1, 1999 | |
|
97-99011
|
Babbitt v. Calderon
Counsel isn't ineffective due to use of experts rather than lay witnesses to explain post-traumatic stress disorder. |
Criminal Law and Procedure |
|
Apr. 1, 1999 | |
|
S058743
|
People v. Davis
Person who passes forged check through chute at walk-up teller window doesn't commit burglary. |
Criminal Law and Procedure |
|
Apr. 1, 1999 | |
|
S056954
|
Jordache Enterprises Inc. v. Brobeck, Phleger & Harrison
Attorney's neglect of insurance coverage for third party claim causes actual injury when problem first recognized. |
Attorneys |
|
Apr. 1, 1999 | |
|
96-56854
|
Kiernan v. Zurich Companies
Admiralty law doesn't bar direct action by judgment creditor against debtor's marine insurer. |
Insurance |
|
Apr. 1, 1999 | |
|
97-15489
|
Corbin v. Apfel
Applicant awarded fees where agency's decision to defend errors by hearing judge wasn't substantially justified. |
Administrative Agencies |
|
Apr. 1, 1999 | |
|
97-50489
|
U.S. v. Luna-Herrera
Court sentencing for illegal re-entry may count predicate felony toward both base offense level and criminal history. |
Criminal Law and Procedure |
|
Apr. 1, 1999 | |
|
97-70033, 97-70034 and 97-70035
|
Willamette Industries Inc. v. Commissioner of Internal Revenue
Tax court's rulings in connection with corporate income tax deficiencies are affirmed. |
Taxation |
|
Apr. 1, 1999 | |
|
97-99013 and 97-99014
|
Coleman v. Calderon
Jury instruction overstating governor's commutation power voids death sentence. |
Criminal Law and Procedure |
|
Apr. 1, 1999 | |
|
B111626
|
People v. Trotter
Defendant who wasn't in custody when he fled courtroom during arraignment can't be convicted of escape. |
Criminal Law and Procedure |
|
Apr. 1, 1999 | |
|
B108920
|
Devis v. Bank of America N.T. & S.A.
Bank is immune from false imprisonment, negligence and slander charges stemming from arrest of wrong person. |
Torts |
|
Apr. 1, 1999 | |
|
B119775
|
Los Angeles Cellular Telephone Co. v. Superior Court (Spielholz)
Cellular telephone company's tariff limits its liability for negligence to $5,000. |
Torts |
|
Apr. 1, 1999 |
For reprint rights or to purchase a copy of your Daily Journal photo, email jeremy@reprintpros.com for prices or call 949-702-5390. To buy more copies, call 866-531-1492 or email subscribe@dailyjournal.com