| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
95-15915
|
The Stars' Desert Inn Hotel & Country Club Inc. v. Hwang
Foreign citizen's repeated failure to obey deposition and sanctions order supports default money judgment sanction. |
Civil Procedure |
|
Aug. 4, 1999 | |
|
96-35901
|
Mockaitis v. Harcleroad
Seizure of recording of inmate's confession to priest violates Fourth Amendment and statutory rights. |
Civil Rights |
|
Aug. 4, 1999 | |
|
96-30045
|
U.S. v. Ortega-Reyes
Court's reference to robbery sentencing guideline bars use of kidnapping guideline's reduction for victim release. |
Criminal Law and Procedure |
|
Aug. 4, 1999 | |
|
96-50060
|
U.S. v. Littlefield
Defendant implicitly waives statute of limitations claim on appeal by pleading guilty pursuant to agreement. |
Criminal Law and Procedure |
|
Aug. 4, 1999 | |
|
B123090
|
People v. Pecci
Probation for defendants convicted of filming sexual conduct with a minor for noncommerical purposes is prohibited. |
Criminal Law and Procedure |
|
Aug. 4, 1999 | |
|
B122382
|
Seacall Development Ltd. v. Santa Monica Rent Control Board
Attorney's negligence isn't imputed to client where attorney's abandonment outweighs client's conduct, no prejudice to defendant exists, and dismissal is discretionary. |
Civil Procedure |
|
Aug. 4, 1999 | |
|
E022234
|
Sunset Drive Corp. v. City of Redlands
Writ of mandate is an appropriate method to compel city to complete statutorily required environmental impact report. |
Environmental Law |
|
Aug. 4, 1999 | |
|
S057104
|
People v. Grant
Conviction stands if only one of three required acts of continuous molestation occurs after statute enacted. |
Criminal Law and Procedure |
|
Aug. 4, 1999 | |
|
S057093
|
Zubrick v. Ford
Statute violation presumption creates of duty of care that isn't pre-empted by assumption of Risk. |
Torts |
|
Aug. 4, 1999 | |
|
S057262
|
People v. Whitson
Review granted |
|
Aug. 4, 1999 | ||
|
S046001
|
Richards v. Owens-Illinois Inc.
Proportionate fault isn't allocated to absent tobacco companies in smoker's suit for asbestos lung injury. |
Torts |
|
Aug. 4, 1999 | |
|
95-55628
|
In re Hashemi
Bankruptcy litigants have no Seventh Amendment right to jury trial in dischargeability proceedings. |
Bankruptcy |
|
Aug. 4, 1999 | |
|
H015451
|
Sara H., a Minor
Appeal of termination of parental rights without any assertions of error requires dismissal. |
Juveniles |
|
Aug. 4, 1999 | |
|
B095308
|
Heather A., a Minor
Secondary abuse of twin girls in father's household justifies removal from custody. |
Juveniles |
|
Aug. 4, 1999 | |
|
B101270
|
Cravens v. State Board of Equalization for the State of California
Plaintiff cannot voluntarily dismiss without prejudice in lieu of opposition to summary judgment motion. |
Civil Procedure |
|
Aug. 4, 1999 | |
|
A075386
|
Gray v. Superior Court (Hunter)
Plaintiff's right to voluntarily dismiss complaint is cut off by commencement of evidentiary proceedings before referee. |
Civil Procedure |
|
Aug. 4, 1999 | |
|
C028314
|
People v. Hearon
Jury instruction defining reasonable doubt isn't defective for lack of certainty |
Criminal Law and Procedure |
|
Aug. 4, 1999 | |
|
A083166, A083631 and A084008
|
Krain v. Medical Board of California
Doctor's guilty plea to criminal perjury is properly considered as basis for revocation of medical license, despite later expungement of criminal record. |
Administrative Agencies |
|
Aug. 4, 1999 | |
|
D032003
|
Margarita D., a Minor
No error in denying alleged biological father's motions to set aside paternity judgment finding another man is father of child and order paternity testing. |
Juveniles |
|
Aug. 4, 1999 | |
|
B107992
|
Nelson v. Anderson
Absent special duty, shareholder's remedy for breach of fiduciary duty claim is a derivative, rather than individual, action. |
Corporations |
|
Aug. 4, 1999 | |
|
A082545
|
Alpine Insurance Co. v. Planchon
Pickup truck with modified 'bed' containing hydraulic scissors-lift is 'mobile equipment' covered under company's insurance policy, not excluded auto. |
Insurance |
|
Aug. 4, 1999 | |
|
B130332
|
Cano v. Superior Court (People)
Trial court loses jurisdiction to vacate plea and resentence defendant when it sentences defendant to state prison on same day as guilty plea. |
Criminal Law and Procedure |
|
Aug. 4, 1999 | |
|
C030427
|
Ochoa v. California State University, Sacramento
University indoor intramural soccer game is a 'hazardous recreational activity,' giving university immunity from liability for any injury. |
Torts |
|
Aug. 4, 1999 | |
|
A080758
|
Anthony J., a Minor
Person who takes part in riot to effect his escape from custody can be convicted of 'lynching' under California law. |
Juveniles |
|
Aug. 4, 1999 | |
|
B124280
|
In re Rodney
Sentencing defendant to consecutive terms is permitted even though defendant didn't suffer a previous conviction for a violent sex crime. |
Criminal Law and Procedure |
|
Aug. 4, 1999 | |
|
C029712
|
California Correctional Peace Officers Assoc. v. Dept. of Corrections
Correction officer isn't prohibited from possessing firearm under statute despite 10-year old misdemeanor conviction. |
Criminal Law and Procedure |
|
Aug. 4, 1999 | |
|
G019363
|
People v. Cartwright
Typical traffic stop doesn't, by itself, constitute a Fourth Amendment seizure of the passenger in the vehicle. |
Criminal Law and Procedure |
|
Aug. 4, 1999 | |
|
B115166
|
People v. La Stelley
Defendant is improperly convicted of both robbery and grand theft where defendant's conduct constituted one continuous crime. |
Criminal Law and Procedure |
|
Aug. 4, 1999 | |
|
B117790
|
Delgado v. American Multi-Cinema Inc.
No cause of action exists against movie theater for allowing unaccompanied minor watch 'R'-rated movie which allegedly caused minor to kill someone after viewing film. |
Torts |
|
Aug. 4, 1999 | |
|
B121824
|
American International Industries v. Superior Court (Urbach)
Prior representative action by watchdog environmental group bars subsequent class action under doctrine of res judicata. |
Torts |
|
Aug. 4, 1999 |