| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
E021188 and E022053
|
People v. Blackburn
Prior conviction for shooting in an occupied car can qualify as a 'strike' under three strikes law. |
Criminal Law and Procedure |
|
Sep. 2, 1999 | |
|
A084574
|
Barlow v. Davis
Minority business enterprise reporting requirement of Public Contract Code is void since it is an unseverable part of statutory scheme found constitutionally invalid. |
Government |
|
Sep. 2, 1999 | |
|
B108013
|
Datig v. Dove Books Inc.
Entry of judgment must be reversed where it's based on ex parte order obtained without notice or excuse for lack of notice. |
Civil Procedure |
|
Sep. 2, 1999 | |
|
E022717
|
Howard Jarvis Taxpayers Assn. v. City of Riverside
Property tax law exemption, for assessments with exclusive purpose of maintaining and operating streets and sidewalks, includes streetlighting assessment. |
Taxation |
|
Sep. 2, 1999 | |
|
E022187
|
Angell v. Superior Court (Verdugo Trustee Service Corp.)
Discovery of higher obligation against property after accepting bid at foreclosure sale, but before tendering deed, justifies trustee's refusal to complete sale. |
Real Property |
|
Sep. 2, 1999 | |
|
G024456
|
Building Industry Legal Defense Foundation v. Superior Court (City of San Juan Capistrano)
City cannot adopt interim ordinance that prohibits the processing of development applications, such as a tentative subdivision map. |
Real Property |
|
Sep. 2, 1999 | |
|
B120730
|
People v. Hampton
In joint trial, admission of one defendant's confession doesn't violate co-defendant's right to confront if all references to co-defendant are redacted. |
Criminal Law and Procedure |
|
Sep. 2, 1999 | |
|
B118285
|
People v. Macauley
Conviction for arson of property qualifies defendant for involuntary commitment as a mentally disordered offender. |
Criminal Law and Procedure |
|
Sep. 2, 1999 | |
|
B118103
|
Division of Labor Standards Enforcement v. Rhee
Prevailing party in action brought by Division of Labor Standards Enforcement may be awarded costs, despite statute prohibiting such cost awards. |
Civil Procedure |
|
Sep. 2, 1999 | |
|
A079134 and A083670
|
People v. Tillman
Rape conviction may be both element of crime of failure to register as sex offender and strike under three strikes law. |
Criminal Law and Procedure |
|
Sep. 2, 1999 | |
|
D032781
|
San Diego County Clerks Association v. Superior Court
Unification of municipal court employees to one superior court does not require that employees maintain civil-service status. |
Government |
|
Sep. 2, 1999 | |
|
A085012
|
Stapper v. GMI Holdings Inc.
Offer of proof that garage-door opener was defective in design is sufficient to overcome the 'firefighter's rule.' |
Torts |
|
Sep. 2, 1999 | |
|
A084404
|
Bradley v. Breen
Statute of limitations bars cross-complaint for equitable indemnity against decedent's estate even though cause of action had not accrued at decedent's death. |
Civil Procedure |
|
Sep. 2, 1999 | |
|
C027999
|
People v. Custodio
Statute prohibiting possession of a sharp instrument by a prisoner is not unconstitutionally vague. |
Constitutional Law |
|
Sep. 2, 1999 | |
|
B126402
|
Derek W., Minor
To avoid termination of parental rights, parent must do more than just visit child, but also occupy a 'parent role' in child's life. |
Family Law |
|
Sep. 2, 1999 | |
|
E021439
|
Gagan v. Gouyd
Conveyance of marital property into trust and conveyance of trust assets to wife as part of marriage dissolution isn't fraudulent. |
Real Property |
|
Sep. 2, 1999 | |
|
E021188 and E022053
|
People v. Blackburn
Prior conviction for shooting in an occupied car can qualify as a 'strike' under three strikes law. |
Criminal Law and Procedure |
|
Sep. 2, 1999 | |
|
C028605
|
People v. Hart
Warrantless search, for identification, of purse in illegally parked, occupied van is valid for officer-safety purposes. |
Criminal Law and Procedure |
|
Sep. 2, 1999 | |
|
A079428
|
Holt v. Regents of the University of California
Present cash value of future economic damages in medical malpractice action may be paid by an annuity or lump-sum payment. |
Torts |
|
Sep. 2, 1999 | |
|
A082268
|
People v. Bersamina
Instructing jury that it could conclude defendant molested child if it found by preponderance he committed prior sexual offense is grounds for reversal. |
Criminal Law and Procedure |
|
Sep. 2, 1999 | |
|
B125935
|
Pringle v. Chapelle
Simultaneous fee agreements doesn't automatically establish attorney's failure to obtain clients' consent to dual representation. |
Attorneys |
|
Sep. 2, 1999 | |
|
B121612
|
Hahn v. State Board of Equalization (International Business Machines Corp.)
Amendment of statute not allowing certain computer programs to be taxed as property is proper and consistent with legislative intent. |
Taxation |
|
Sep. 2, 1999 | |
|
A084178
|
Marcus G., a Minor
Minor's juvenile or dependency status must be assessed and determined in juvenile proceedings, not dependency proceedings. |
Juveniles |
|
Sep. 2, 1999 | |
|
S070935
|
Hodges v. Superior Court (Ford Motor Co.)
Statute that precludes recovery of noneconomic losses for pain and suffering doesn't apply in product liability action by uninsured motorist against car manufacturer. |
Torts |
|
Sep. 2, 1999 | |
|
A085214
|
Hoffman v. Connell
If decedent didn't own trust property under California law, estate isn't required to pay taxes on it. |
Taxation |
|
Sep. 2, 1999 | |
|
C029199
|
Reese v. Wal-Mart Stores Inc.
Refusal to certify class of male shoppers harmed by 'Ladies Day' discounts was proper after determination that substantial benefits wouldn't accrue. |
Civil Procedure |
|
Sep. 2, 1999 | |
|
C030478
|
San Rafael Elementary School District v. California State Board of Education (Russell)
State Board of Education may review de novo a county committee's findings rejecting transfer of territory from one school district to another. |
Government |
|
Sep. 2, 1999 | |
|
G019901
|
Marriage of Koester
Business begun by one spouse prior to marriage and incorporated during marriage does not become community property. |
Family Law |
|
Sep. 2, 1999 | |
|
B131671
|
People v. Superior Court (Lujan)
For lying-in-wait special circumstances allegation in murder case, the amount of time concealed must be 'substantial.' |
Criminal Law and Procedure |
|
Sep. 2, 1999 | |
|
B122440
|
Bagley v. TRW Inc.
Summary judgment motion denied by one judge and later transferred to another judge is still valid where no new facts are presented. |
Civil Procedure |
|
Sep. 2, 1999 |