| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B119385
|
Arcaro v. Silva and Silva Enterprises Corp.
Probable cause in underlying collection action is lacking when defendant is provided and ignores evidence of forgery on credit application and guarantee. |
Torts |
|
Jan. 28, 2000 | |
|
B114226
|
Ali v. City of Los Angeles
City's wrongful denial of demolition permit in violation of Ellis Act is temporary regulatory taking of property. |
Real Property |
|
Jan. 28, 2000 | |
|
B135287
|
County of Los Angeles v. City of Los Angeles
Order fixing amount of preliminary injunction bond isn't appealable. |
Civil Procedure |
|
Jan. 28, 2000 | |
|
B125251
|
Victor v. Hedges
Statute that prohibits parking vehicle on sidewalk cannot be used to place presumption of negligence where accident is due to another driver's carelessness. |
Torts |
|
Jan. 28, 2000 | |
|
A082565
|
Gelini v. Tishgart
Labor statute protects individual employee who chooses attorney to represent her in negotiations with her employer over matters affecting only herself. |
Labor Law |
|
Jan. 28, 2000 | |
|
C031137
|
People v. Benjamin
Although probable cause for search not supported by search results, results can be used to support truthfulness of statements made in search warrant affidavit. |
Criminal Law and Procedure |
|
Jan. 28, 2000 | |
|
D027224
|
Marriage of Kerr
As long as court sets maximum amount proportionate to marital standard of living, percentage support award based on option income is permissible. |
Family Law |
|
Jan. 28, 2000 | |
|
A080461
|
State Farm Mutual Automobile Insurance Co. v. Quackenbush
Order that insurance company provided reliable data justifying loss adjustment expense reserves is supported by evidence and consistent with rate rollback regulations. |
Insurance |
|
Jan. 28, 2000 | |
|
S070599
|
Samuels v. Mix
For statute of limitation purposes, attorney has burden of proving when client discovered or should have discovered attorney's malpractice. |
Attorneys |
|
Jan. 28, 2000 | |
|
D030732
|
Riverwatch v. County of San Diego
Court abuses discretion when it requires county's enviromental impact report to account for prior illegal activity at project site. |
Environmental Law |
|
Jan. 28, 2000 | |
|
E023510
|
Farmers Insurance Exchange v. Hurley
Settlement for less than policy limit doesn't satisfy exhaustion requirement under uninsured motorist statute. |
Insurance |
|
Jan. 28, 2000 | |
|
G021739
|
County of Orange v. Carl D.
County, which had absent father's address but didn't notify him of dependency proceedings, is estopped from recovering reimbursement for supporting his children. |
Family Law |
|
Jan. 28, 2000 | |
|
B121209
|
Mez Industries v. Pacific National Insurance Co.
Insurance company isn't obligated to defend manufacturer's patent infringement case due to lack of specific coverage and statutory preclusion. |
Insurance |
|
Jan. 28, 2000 | |
|
D030732
|
Riverwatch v. County of San Diego
Court abuses discretion when it requires county's environmental impact report to account for prior illegal activity at project site. |
Environmental Law |
|
Jan. 28, 2000 | |
|
C030752
|
Barrett v. Superior Court (People)
Judge must recuse self when he presides over petitioner's preliminary hearing and motion to dismiss information. |
Criminal Law and Procedure |
|
Jan. 28, 2000 | |
|
B134960
|
Paredes v. Superior Court (People)
Order finding dismissed and then refiled action was 'continuation' of the dismissed action is improper. |
Criminal Law and Procedure |
|
Jan. 28, 2000 | |
|
C028843
|
People v. Cratty
Unlawful driving conviction under Vehicle Code Section 10851(a) is non-theft offense and can stand with conviction for receiving stolen property. |
Criminal Law and Procedure |
|
Jan. 28, 2000 | |
|
D031554
|
People v. Crusilla
Federal immigration inspector may make citizen's arrest at border for state offense of driving while under the influence. |
Criminal Law and Procedure |
|
Jan. 28, 2000 | |
|
C029754
|
Bank of America National Trust and Savings Assn. v. Jennett
If jurisdiction is proper, sister state default judgment must be accorded full faith and credit even when judgment is purportedly based on legal misapprehension. |
Constitutional Law |
|
Jan. 28, 2000 | |
|
D030553
|
Freeman v. San Diego Assn. of Realtors
Local associations merged to form one corporate entity to sell multiple listing services does not violate antitrust laws. |
Antitrust |
|
Jan. 28, 2000 | |
|
H018981
|
People v. Chardon
Forging sister's name on citation to appear in court for driving without license sufficiently supports misdemeanor violation being elevated to a felony. |
Criminal Law and Procedure |
|
Jan. 28, 2000 | |
|
B130931
|
Pearlson v. Does 1 to 646
Appellant's failure to demonstrate that he has any significant potential to determine the identity of any defendant maintains dismissal. |
Torts |
|
Jan. 28, 2000 | |
|
F033305
|
Kendall-Jackson Winery v. Superior Court
Unclean hands defense is triggered when misconduct in particular transaction, or connected to subject matter of litigation, affects equitable relations between litigants. |
Torts |
|
Jan. 28, 2000 | |
|
D031096
|
Valley Casework Inc. v. Comfort Construction Inc.
Non-party to arbitration agreement lacks standing to enforce contract, especially where dispute isn't within scope of contractual arbitration agreement. |
Contracts |
|
Jan. 28, 2000 | |
|
B121020
|
Midiman v. Farmers Ins. Exchange
In copyright infringement case, insured isnt entitled to independent counsel to defend suit, nor entitled to presumption that underlying claims are legitimate. |
Insurance |
|
Jan. 28, 2000 | |
|
B119999
|
Wolf v. Mitchell
Trust beneficiary may bring an action against third parties who actively participate in a trustee's breach of trust. |
Probate and Trusts |
|
Jan. 28, 2000 | |
|
D031136
|
Stone v. State of Texas
Contract with out-of-state party doesn't automatically establish purposeful availment in other party's home forum. |
Civil Procedure |
|
Jan. 28, 2000 | |
|
A085550
|
Lahey v. Bianchi
Spouse who obtained judgment of legal separation doesn't qualify as surviving spouse for purposes of intestate succession. |
Probate and Trusts |
|
Jan. 28, 2000 | |
|
S073601
|
Carrisales v. Dept. of Corrections
California Fair Employment Housing Act does not apply in sexual harassment suits between coworkers who are not in supervisorial relationships. |
Employment Law |
|
Jan. 28, 2000 | |
|
B115869
|
The Office of Statewide Health Planning and Development v. Musick, Peeler & Garret
Special representative has standing to prosecute legal malpractice claim on behalf of bankruptcy estate. |
Bankruptcy |
|
Jan. 28, 2000 |