| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B117061
|
Saunders v. Weissburg & Aronson
Although attorney has fiduciary duty to clients to protect client's interests, that duty doesn't extend to co-counsel. |
Attorneys |
|
Sep. 6, 1999 | |
|
A083168
|
Gibbs v. American Airlines Inc.
Notice to employer of cold or flu-like symptoms is not notice of a 'serious health condition' triggering state medical leave requirements. |
Employment Law |
|
Sep. 6, 1999 | |
|
A086238
|
Depper v. Superior Court (People)
Summary probation revocation isn't determination of contested fact, and doesn't trigger time limitations on judicial peremptory challenge. |
Judges |
|
Sep. 6, 1999 | |
|
E021252 and E021607
|
People v. Duke
Admission of out-of-court statements by nontestifying co-defendant doesn't violate confrontation clause. |
Criminal Law and Procedure |
|
Sep. 6, 1999 | |
|
E022283
|
Baby Girl B., a minor.
Refusal to hold evidentiary hearing before denying adoption petition and removing child from custody violates statute. |
Family Law |
|
Sep. 6, 1999 | |
|
E020212 and E020569
|
Gordon's Cabinet Shop v. State Compensation Insurance Fund
In coordination proceedings, the five-year statute of limitations is not tolled unless a stay is granted. |
Civil Procedure |
|
Sep. 6, 1999 | |
|
B121168
|
People v. Hardy
Sentence of life without possibility of parole must be doubled for second-strike defendant. |
Criminal Law and Procedure |
|
Sep. 6, 1999 | |
|
S069783
|
People v. Garcia
Court has discretion to dismiss prior convictions on a count-by-count basis so as not to sentence defendant within the Three Strikes Law. |
Criminal Law and Procedure |
|
Sep. 6, 1999 | |
|
E021751
|
Pfau v. Kim's Hapkido
Police officer engaging in martial arts training assumes risk of injury. |
Torts |
|
Sep. 6, 1999 | |
|
C013846, C016505 and C019267
|
Paterno v. State of California
Inverse condemnation judgment awarded on erroneous legal theory and inaccurate law isn't proper and warrants a retrial. |
Real Property |
|
Sep. 6, 1999 | |
|
S053930
|
County of Los Angeles v. Superior Court (Schonert)
California's survival statute precluding husband of deceased wife from recovering pain and suffering for state law claims also applies to federal claims. |
Torts |
|
Sep. 6, 1999 | |
|
S063339
|
Agnew v. California State Board of Equalization
Payment of accrued interest on tax deficiency is not prerequisite to administrative refund claim or action for refund of taxes. |
Taxation |
|
Sep. 6, 1999 | |
|
s069793
|
People v. Williams
Absent express waiver, criminal defendant may raise statute of limitations defense at any time. |
Criminal Law and Procedure |
|
Sep. 6, 1999 | |
|
E021287
|
Casey v. Overhead Door Corp.
One defendant's assignment to plaintiffs of cross-complaint against another defendant as part of settlement gives plaintiffs actual authority to proceed on cross-complaint. |
Torts |
|
Sep. 6, 1999 | |
|
B115453
|
Aliberti v. Allstate Insurance Co.
Although apartment building policy provides one-year statutory period to file suit against insurance company, period is equitably tolled if claim never formally denied in writing. |
Insurance |
|
Sep. 6, 1999 | |
|
F030743
|
Barnes v. Dept. of Corrections
Sanctions cannot be granted for improper filing or advocating of complaint when motion for sanctions not made until after entry of judgment. |
Civil Procedure |
|
Sep. 6, 1999 | |
|
S072560
|
People v. Newman
Defendant may stipulate to felon status, without advisement by court of rights to jury trial, confront witnesses, and against self-incrimination. |
Criminal Law and Procedure |
|
Sep. 6, 1999 | |
|
S066747
|
Associated Builders and Contractors Inc. v. San Francisco Airports Commission
Prehire agreement for large-scale, complex, public-works construction project, which includes no-strike clause, is constitutional. |
Labor Law |
|
Sep. 6, 1999 | |
|
S071633
|
Norgart v. The Upjohn Co.
After suicide, statute of limitations for wrongful death action against prescription drug manufacturer begins running from date patient kills herself. |
Civil Procedure |
|
Sep. 6, 1999 | |
|
98-0208
|
Lavidas v. Smith
Purchaser of deed is entitled to property despite county treasurer's failure to strict adhere to statute. |
Real Property |
|
Sep. 6, 1999 | |
|
B125203
|
Kim v. WCAB
Application of statutory payment cap on vocational rehabilitation benefits to interpreter fees doesn't violate equal protection. |
Workers' Compensation |
|
Sep. 6, 1999 | |
|
S071999
|
People v. Ray
Police officers may enter unoccupied residence without warrant based on reasonable suspicion of exigent circumstances. |
Criminal Law and Procedure |
|
Sep. 6, 1999 | |
|
S072212
|
Sierra Club v. San Joaquin Local Agency Formation Commission (Califia Development Group)
When administrative tribunal 'may' rehear prior decision, petitioner isn't required to request reconsideration of agency's ruling. |
Government |
|
Sep. 6, 1999 | |
|
S054125
|
People v. Allen
Defendant can collaterally attack prior guilty plea for absence of admonition and waiver of constitutional rights. |
Criminal Law and Procedure |
|
Sep. 6, 1999 | |
|
S070960
|
People v. Kelii
Determination of whether prior conviction is serious felony for three strikes purposes is a judicial function. |
Criminal Law and Procedure |
|
Sep. 6, 1999 | |
|
98-0173
|
Julio L., a Minor
Juvenile's kicking of chair, ignoring principal and use of profanity while at school, constitute 'seriously disruptive behavior' warranting disorderly conduct conviction. |
Juveniles |
|
Sep. 6, 1999 | |
|
F030743
|
Barnes v. Dept. of Corrections
Sanctions cannot be granted for improper filing or advocating of complaint when motion for sanctions not made until after entry of judgment. |
Civil Procedure |
|
Sep. 6, 1999 | |
|
98-0595
|
Bank of America National Trust and Savings Assn. v. Maricopa County
Allegations by plaintiff in voluntarily dismissed tax court action aren't binding in superior court proceeding as judicial admissions or via judicial estoppel. |
Taxation |
|
Sep. 6, 1999 | |
|
97-0594
|
City of Sedona v. Devol
Findings of abandonment and bad faith are not warranted where the city is attempting to accommodate property owners in a condemnation proceeding. |
Government |
|
Sep. 6, 1999 | |
|
S080645
|
Mitroff v. United Services Automobile Association
Order |
|
Sep. 6, 1999 |