| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
96-17034
|
De La Rosa v. Scottsdale Memorial Health Systems Inc.
Order |
|
May 26, 1999 | ||
|
C025126
|
Long v. Cuttle Construction Co.
Interest on judgment ceases to run as soon as payment check is delivered. |
Business Law |
|
May 26, 1999 | |
|
A076392
|
People v. Barra
Doubling provision of three strikes law applies to determinate life sentence. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
E017501
|
Swiss Property Management Co. Inc. v. Southern California IBEW-NECA Pension Plan
California Land Title Association form subordination agreement gives lender's deed of trust priority over seller's deed. |
Real Property |
|
May 26, 1999 | |
|
A076842
|
Panagotacos v. Bank of America
Bank's delay in reconveying title didn't prevent plaintiffs' property purchase, therefore action doesn't exist against bank. |
Contracts |
|
May 26, 1999 | |
|
D023663
|
Karl v. Commonwealth Land Title Insurance Co.
Title insurance policy loss is determined by fair market value of property at time of foreclosure. |
Insurance |
|
May 26, 1999 | |
|
97-10212 and 97-10218
|
U.S. v. Zarate-Martinez
Due process challenge to illegal re-entry after deportation conviction must show both illegal deportation and prejudice. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
A074816
|
Ching v. San Francisco Board of Permit Appeals (Harsch Investment Corp.)
Appeal of conditional use permit based on conflict of interest by Board member is untimely. |
Real Property |
|
May 26, 1999 | |
|
A078353
|
John Hancock Mutual Life Insurance Co. v. Greer
Disability policy's incontestability clause bars insurer's recission action based on alleged misrepresentations by insured. |
Insurance |
|
May 26, 1999 | |
|
B098470
|
Gamage v. Medical Board of California
Agency entitled to full amount it paid for hearing transcript where plaintiff's petition is defeated. |
Administrative Agencies |
|
May 26, 1999 | |
|
C024675
|
People v. Proby
Evidence is sufficient to prove defendant acted as 'major participant' with 'reckless disregard' for human life. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
E016259
|
City of Lake Elsinore v. Ranel Development Co.
City's failure to adopt resolution of necessity in eminent domain action doesn't necessitate dismissal. |
Real Property |
|
May 26, 1999 | |
|
B115912
|
Sabrina N., a Minor
Failure to provide incarcerated father reasonable reunification services with child requires order vacating termination of services. |
Juveniles |
|
May 26, 1999 | |
|
B107221
|
People v. Gatson
Victim's statements that she was robbed are properly admitted under dying declaration exception to hearsay rule. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
B111151
|
Parage v. Couedel
Failure to become aware of probate proceedings after publication notice isn't mistake permitting relief from judgment. |
Probate and Trusts |
|
May 26, 1999 | |
|
H015346
|
Galante Vineyards v. Monterey Peninsula Water Management District
Party can bring action to set aside environmental impact report approval if objection raised before certification. |
Environmental Law |
|
May 26, 1999 | |
|
96-1291
|
Oubre v. Entergy Operations Inc.
Release that doesn't comply with Older Workers Benefit Protection Act cannot bar former employee's claims. |
Employment Law |
|
May 26, 1999 | |
|
96-1579
|
Brogan v. United States
No exception to federal statutory criminal liability for false statement consisting of mere 'exculpatory no.' |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
B110351
|
Gentis v. Safeguard Business Systems, Inc., et al.
Persons who solicit orders but lack authority to enter contracts are franchisees. |
Contracts |
|
May 26, 1999 | |
|
97-1389
|
Bankruptcy of Magno
Untimely amended complaint stating new grounds for nondischargeability does not relate-back to original complaint. |
Bankruptcy |
|
May 26, 1999 | |
|
96-1581
|
South Dakota v. Yankton Sioux Tribe
Language of Act of 1894 shows Congressional intent to diminish Yankton Reservation. |
Native American Affairs |
|
May 26, 1999 | |
|
96-795
|
Allentown Mack Sales & Service Inc. v. NLRB
Board's reasonable doubt test for employer polling is consistent with statute but evidence doesn't support findings. |
Labor Law |
|
May 26, 1999 | |
|
B090280
|
People v. Moenius
Evidence is sufficient to establish prior burglary convictions were qualifying felony convictions under three strikes law. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
B099986
|
Weddington Productions Inc. v. Flick
Court cannot enforce 'order enforcing settlement agreement' issued by private judge in voluntary mediation. |
Civil Procedure |
|
May 26, 1999 | |
|
A078481
|
First Presbyterian Church of Berkeley v. City of Berkeley
Ellis Act pre-empts municipal regulations regarding landlord's ability to demolish residential property but not environmental regulations. |
Real Property |
|
May 26, 1999 | |
|
B103379
|
Beckstead v. WCAB
Workers' Compensation Appeals Board abuses its discretion by not considering injured employee's cumulative trauma injury. |
Workers' Compensation |
|
May 26, 1999 | |
|
G019652
|
Wawanesa Mutual Insurance Co. v. Matlock
17-year-old isn't liable for damage caused by cigarette he gave to 15-year-old. |
Torts |
|
May 26, 1999 | |
|
97-50006
|
U.S. v. Lipman
Following conviction for illegal re-entry after deportation, downward sentence departure for 'cultural assimilation' is proper. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
97-99003
|
Siripongs v. Calderon
Defense attorney's failure to blame murder on accomplice doesn't constitute ineffective assistance of counsel. |
Criminal Law and Procedure |
|
May 26, 1999 | |
|
G019587
|
People v. Sanchez
Specific statute of solicitation doesn't pre-empt prosecution under general 'attempted possession' statutes. |
Criminal Law and Procedure |
|
May 26, 1999 |