| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B117633
|
Curtis v. Kellogg & Anderson
Legal malpractice cause of action can't be assigned by corporation's Chapter 7 bankruptcy trustee. |
Attorneys |
|
Sep. 13, 1999 | |
|
B115201
|
Record v. Reason
Primary assumption of risk doctrine applies to the activity of being pulled on an inner tube by a motor boat. |
Torts |
|
Sep. 13, 1999 | |
|
A083931
|
People v. Draut
Defendant's inability to pay restitution award and general unfairness of such award are not 'extraordinary reasons' necessary to justify reduction. |
Criminal Law and Procedure |
|
Sep. 13, 1999 | |
|
D030834 and D031518
|
Gregory v. State Board of Control
State Board of Control must obtain crime report from law enforcement, if not obtained by victim, under Victims of Crime Restitution Program. |
Administrative Agencies |
|
Sep. 13, 1999 | |
|
A081830
|
Hobson v. Raychem Corp.
In disability discrimination action, summary judgment for employer is proper where employee fails to properly identify qualified disability and discriminatory action. |
Employment Law |
|
Sep. 13, 1999 | |
|
S067155
|
Townsel v. Superior Court (People)
Trial court has authority to require defendant's counsel to obtain court's approval first before contacting trial jurors. |
Criminal Law and Procedure |
|
Sep. 13, 1999 | |
|
B127801
|
Terry v. Superior Court (People)
Defendant's eligibility for drug-treatment program can't be conditioned on his submitting to unreasonable search and seizure. |
Criminal Law and Procedure |
|
Sep. 13, 1999 | |
|
D029007
|
Vournas v. Fidelity National Title Insurance Co.
Where trust beneficiary can't show bank had actual knowledge of unauthorized actions, bank can't be liable for breach of fiduciary duty. |
Probate and Trusts |
|
Sep. 13, 1999 | |
|
S057126
|
Scott Co. of California v. Blount Inc.
Despite verdict for less than settlement offer, attorney fees provision in contract allows for recovery of preoffer fees and costs. |
Contracts |
|
Sep. 13, 1999 | |
|
S072133
|
Daily Journal Corp. v. Superior Court (Merrill Lynch & Co. Inc. and Citron)
Trial court doesn't have inherent power to order the release of secret grand jury materials when no indictment is returned. |
Government |
|
Sep. 13, 1999 | |
|
B126506
|
American Continental Insurance Co. v. American Casualty Company of Reading, PA
Where primary insurer provides maximum coverage in wrongful-death action, insured's private insurance company must contribute to settlement too. |
Insurance |
|
Sep. 13, 1999 | |
|
D030834
|
Gregory v. State Board of Control
State Board of Control must obtain crime report from law enforcement, if not obtained by victim, under Victims of Crime Restitution Program. |
Administrative Agencies |
|
Sep. 13, 1999 | |
|
B122694
|
Rosales v. Depuy Ace Medical Co.
Using broad definition of 'power press', injuries from such machines aren't limited to workers' compensation recovery. |
Workers' Compensation |
|
Sep. 12, 1999 | |
|
98-184
|
Wyoming v. Houghton
Police officers may search passengers' personal effects where probable cause exists in automobile search. |
Criminal Law and Procedure |
|
Sep. 9, 1999 | |
|
G016807
|
Bonds v. Roy
Expert testimony may be excluded where expert witness declaration didn't provide fair notice of subject matter. |
Torts |
|
Sep. 9, 1999 | |
|
94-16248 and 94-16313
|
Del Monte Dunes at Monterey v. City of Monterey
Plaintiff is entitled to jury trial in inverse condemnation action. |
Real Property |
|
Sep. 9, 1999 | |
|
96-70267
|
Aguirre-Aguirre v. INS
INS must consider alien's serious nonpolitical crimes committed outside U.S. in determining withholding of deportation. |
Immigration |
|
Sep. 9, 1999 | |
|
96-70409
|
California Dental Assoc. v. Federal Trade Commission
Private trade association unreasonably restrains competition by using rules to restrict truthful and nondeceptive advertising. |
Administrative Agencies |
|
Sep. 9, 1999 | |
|
95-56610
|
Gabbert v. Conn
Prosecutor isn't entitled to qualified immunity for executing search warrant against criminal defense attorney. |
Civil Rights |
|
Sep. 9, 1999 | |
|
94-1579
|
Southern Ute Indian Tribe v. Amoco Production Co.
Tribe, as successor in interest to coal reserved to government, is owner of coal bed methane. |
Native American Affairs |
|
Sep. 9, 1999 | |
|
97-16326
|
Roe v. Anderson
Recent migrants are entitled to preliminary injunction against law paying welfare benefits at previous residence rate. |
Government |
|
Sep. 9, 1999 | |
|
95-56269
|
Ward v. Management Analysis Co.
Insurer of employer's employee benefit plan cannot deny benefits for untimely submission of proof of claim. |
Labor Law |
|
Sep. 9, 1999 | |
|
96-17121 and 96-17139
|
El Paso Natural Gas Co. v. Neztsosie
Price-Anderson Act doesn't bar Tribal Court from determining its jurisdiction over member's personal injury claim. |
Native American Affairs |
|
Sep. 9, 1999 | |
|
96-3380
|
Murphy v. United Parcel Service
High blood pressure, treated with medication, doesn't substantially limit a major life activity for protection under the Americans with Disabilities Act. |
Employment Law |
|
Sep. 9, 1999 | |
|
96-35002
|
Kirkingburg v. Albertson's Inc.
Employer can't require driver who has received federal vision waiver to meet basic federal vision standards. |
Employment Law |
|
Sep. 9, 1999 | |
|
B108555
|
Bockrath v. Aldrich Chemical Co.
Plaintiff allegedly injured by unidentified chemicals can't sue multiple defendants in hope of discovering tortfeasor. |
Torts |
|
Sep. 9, 1999 | |
|
C027361
|
Sierra Club v. San Joaquin Local Agency Formation Commission (Califia Development Group)
Action dismissed for failure to exhaust administrative remedies where plaintiffs didn't request reconsideration of agency ruling. |
Government |
|
Sep. 9, 1999 | |
|
B120188
|
Horwich v. Superior Court (Acuna)
Wrongful death action may be maintained by survivors of deceased uninsured motorist. |
Torts |
|
Sep. 9, 1999 | |
|
B116718
|
Preferred Risk Mutual Insurance Co. v. Reiswig
Notice of intent to sue health care provider doesn't toll limitations period for indemnity action. |
Torts |
|
Sep. 9, 1999 | |
|
98-184
|
Wyoming v. Houghton
Search of purse exceeded valid warrantless search of car and violated Fourth Amendment rights. |
Criminal Law and Procedure |
|
Sep. 9, 1999 |