| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B106003
|
People v. Kidd
Whether a prior conviction is a serious felony for 'three strikes' purposes is a question of law. |
Criminal Law and Procedure |
|
Apr. 19, 1999 | |
|
B115042
|
Scheffield Medical Group Inc. v. Roth
Attorney for State Compensation Insurance Fund has statutory prosecutorial immunity. |
Government |
|
Apr. 19, 1999 | |
|
S068838
|
Inquiry Concerning a Judge No. 101
Order |
|
Apr. 19, 1999 | ||
|
A077664
|
Waste Management of Alameda County Inc. v. Biagini Waste Reduction Systems Inc.
City's exclusive agreement with company for collection and disposal of solid waste doesn't violate commerce clause. |
Constitutional Law |
|
Apr. 19, 1999 | |
|
B086001
|
State of California v. Pacific Indemnity Co.
Insurer that offered defense under reservation of rights needn't pay contingent fee negotiated later by policyholder. |
Insurance |
|
Apr. 19, 1999 | |
|
B107774
|
Whoop Inc. v. Dyno Productions Inc.
Referee proceeding is properly treated as arbitration and award is confirmed under arbitration statutes. |
Civil Procedure |
|
Apr. 19, 1999 | |
|
B119452
|
Zamudio v. Superior Court (People)
Juror's comments following death verdict suggest possible misconduct and justify disclosure of redacted jury questionnaires. |
Criminal Law and Procedure |
|
Apr. 19, 1999 | |
|
G022886
|
Randi R. v. Superior Court (Orange County Social Services Agency)
Mother's failure to reunify with sibling and history of drug rehab failures justify denial of reunification services. |
Juveniles |
|
Apr. 19, 1999 | |
|
A078552
|
Merlet v. Rizzo
Failed application for order for writ of sale can't support later claim for malicious prosecution. |
Torts |
|
Apr. 19, 1999 | |
|
B099918
|
DeCuir v. County of Los Angeles
Mandamus is sole remedy for applicant aggrieved by civil service examination process. |
Civil Procedure |
|
Apr. 19, 1999 | |
|
97-15987
|
Lewis v. United States
Taxpayers recover attorney fees where government's position regarding timeliness of filing wasn't substantially justified. |
Taxation |
|
Apr. 19, 1999 | |
|
H015496
|
Andres v. Young Men's Christian Association
Failure to provide lifeguard or supervisor for shower room Jacuzzi isn't negligence per se. |
Torts |
|
Apr. 19, 1999 | |
|
A079667
|
20th Century Insurance Co. v. Quackenbush
Reply by letter to public from Insurance Commissioner concerning insurance matters is authorized by Insurance Code. |
Insurance |
|
Apr. 19, 1999 | |
|
A078201 and A078305
|
Sagonowsky v. More
Favorable outcome in private, contractual arbitration doesn't support subsequent malicious prosecution action. |
Torts |
|
Apr. 19, 1999 | |
|
F026405
|
Miller v. Miller
Mother's second husband isn't presumed father of child born during first marriage and can't assert paternity. |
Family Law |
|
Apr. 19, 1999 | |
|
D027391
|
Smith v. James A. Merrill Inc.
Recorded homestead declaration affects amount of judgment lien based on later-recorded abstract of judgment. |
Real Property |
|
Apr. 19, 1999 | |
|
96-1037
|
Kiowa Tribe of Oklahoma v. Manufacturing Technologies Inc.
Tribes are generally immune from suits on contracts, regardless of purpose or place of execution. |
Native American Affairs |
|
Apr. 19, 1999 | |
|
96-16911
|
United States v. Board of Trustees of the Leland Stanford Jr. University
Administrative contracting officer with duty to report fraud can't sue under False Claims Act. |
Government |
|
Apr. 19, 1999 | |
|
A076156
|
Gutierrez v. Cassiar Mining Corp.
Jury instructions in asbestos cases must provide guidance regarding pre-existing conditions. |
Torts |
|
Apr. 19, 1999 | |
|
B109477
|
People v. Thierry
Booking photograph and identifications stemming from illegal arrest are admissible in trial for different crimes. |
Criminal Law and Procedure |
|
Apr. 19, 1999 | |
|
B114123
|
Deon W., a Minor
Juvenile is entitled to notice, social study, and a disposition hearing before being made ward. |
Juveniles |
|
Apr. 19, 1999 | |
|
A072015
|
Unisys Corporation v. California Life and Health Insurance Guarantee Assn.
Guaranteed investment contracts aren't covered under the California Life and Health Insurance Guarantee Association Act. |
Insurance |
|
Apr. 19, 1999 | |
|
96-10287, 96-10288, 96-10289, 96-10291, 96-10292 and 96-10293
|
U.S. v. Marsh
Trial court errs by failing to give limiting instruction regarding letters read during mail fraud trial. |
Criminal Law and Procedure |
|
Apr. 19, 1999 | |
|
96-56300
|
Dodds v. SVW American Broadcasting Co.
Broadcasting company's recount of third party statements in televised report doesn't support defamation action. |
Torts |
|
Apr. 19, 1999 | |
|
96-56790
|
United States v. Nackman
Summary judgment is proper in qui tam action given lack of evidence that false claims were made knowingly. |
Government |
|
Apr. 19, 1999 | |
|
96-56804
|
Virginia Surety Co. v. Northrop Grumman Corp.
Parent insurer jointly liable with subsidiary under contract has standing to seek declaratory judgment. |
Insurance |
|
Apr. 19, 1999 | |
|
96-70880
|
Leslie v. Commissioner of Internal Revenue
Losses and fees incurred in connection with tax-motivated gold futures 'straddle' transactions are not deductible. |
Taxation |
|
Apr. 19, 1999 | |
|
F026452
|
People v. $9,632.50 United States Currency
Forfeiture of bank account containing drug proceeds and other funds is limited to proceeds plus interest. |
Criminal Law and Procedure |
|
Apr. 19, 1999 | |
|
93-O-14534, 94-O-14813, 95-O-10936, 95-O-12847, 95-O-17260, 95-O-17874, 96-O-00264 and 96-O-00601
|
Doran v. State Bar
Violations of fidelity to clients, combined with trust account abuses, warrant six months' actual suspension. |
Attorneys |
|
Apr. 19, 1999 | |
|
G020544
|
People v. Foranyic
Police may detain a man with an ax riding a bicycle at 3:00 a.m. for investigation. |
Criminal Law and Procedure |
|
Apr. 19, 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