| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D025595
|
Trujillo v. North County Transit District
Employer isn't liable for failing to prevent discrimination or harassment if no discrimination or harassment occurred. |
Employment Law |
|
May 10, 1999 | |
|
A075154
|
People v. Bryden
Ineffective assistance of counsel isn't found when reasonable probability doesn't exist that outcome would be different. |
Criminal Law and Procedure |
|
May 10, 1999 | |
|
97-1258
|
Bankruptcy of Sedona Institute
Creditor attorney may recover fee as administrative expense where creditor has no administrative expense claim. |
Bankruptcy |
|
May 10, 1999 | |
|
97-55174
|
Siegel v. Federal Home Loan Mortgage Corp.
Allowance of bankruptcy claim on note is res judicata in debtor's subsequent suit against creditor. |
Bankruptcy |
|
May 10, 1999 | |
|
96-35813
|
Ace v. Aetna Life Insurance Co.
Under Alaska law, health insurer's bad faith actions in denying disability claim warranted punitive damages. |
Insurance |
|
May 10, 1999 | |
|
96-35379
|
Interstate Fire & Casualty Co. v. Underwriters at Lloyd's London
Primary insurer cannot adopt inconsistent position in subsequent litigation with an excess insurer. |
Insurance |
|
May 10, 1999 | |
|
B112912
|
Hughes v. City of Pomona
Notice of appeal regarding submitted matter must be filed within 60 days after clerk mails judgment. |
Civil Procedure |
|
May 10, 1999 | |
|
B108182 and B112258
|
Vaccaro v. Kaiman
Trial court abuses discretion by dismissing action with prejudice for lack of signature on amended complaint. |
Attorneys |
|
May 10, 1999 | |
|
B112554
|
Tamrac Inc. v. California Insurance Guarantee Association
Development in case law validates guarantee association's position that it had no obligation to defend. |
Insurance |
|
May 10, 1999 | |
|
B114696
|
Cabe v. Superior Court (People)
Prospective juror doesn't commit perjury by giving true but unresponsive answers during voir dire. |
Criminal Law and Procedure |
|
May 10, 1999 | |
|
A080228
|
Franchise Tax Board of the State of California v. Superior Court (Kvamme)
Statute of limitations for refund action runs from date of tax board's final notice of action. |
Taxation |
|
May 10, 1999 | |
|
B113433
|
People v. Jones
Court errs by imposing separate enhancements for prior convictions involving single prison term. |
Criminal Law and Procedure |
|
May 10, 1999 | |
|
96-56524
|
Monumental Life Insurance Co. v. Bibo Inc.
Order |
|
May 10, 1999 | ||
|
A078258
|
Bell v. Wells Fargo Bank, N.A.
Employee's statements in applying for disability benefits don't establish judicial estoppel barring discrimination suit. |
Civil Rights |
|
May 10, 1999 | |
|
S056734
|
People v. Peevy
Statements elicited after deliberate failure to honor suspect's request for counsel may be used for impeachment. |
Criminal Law and Procedure |
|
May 10, 1999 | |
|
G016807
|
Bonds v. Roy
Expert testimony may be excluded where expert witness declaration didn't provide fair notice of subject matter. |
Torts |
|
May 10, 1999 | |
|
S048596
|
Cedars-Sinai Medical Center v. Superior Court (Bowyer)
Intentional spoliation of evidence, discoverable during litigation, isn't an independent tort. |
Torts |
|
May 10, 1999 | |
|
S061678
|
People v. Benson
Prior conviction may be 'strike' even if court stayed sentence under statute prohibiting multiple punishment. |
Criminal Law and Procedure |
|
May 10, 1999 | |
|
A075247
|
People v. Garcia
Statute concerning second degree drive-by murder establishes a penalty, not a new crime. |
Criminal Law and Procedure |
|
May 10, 1999 | |
|
D026352
|
County of San Diego v. Lamb
Statute requiring reimbursement of welfare benefits paid for child applies to noncustodial parent only. |
Family Law |
|
May 10, 1999 | |
|
F026872
|
People v. Bautista
Defendant waives objection to court's poor articulation of reasons for requiring sex offender registration. |
Criminal Law and Procedure |
|
May 10, 1999 | |
|
H017123
|
People v. Frontier Pacific Insurance Co.
Failure of recorded proceedings to disclose cause for continuance, forecloses declaration of bail forfeiture. |
Criminal Law and Procedure |
|
May 10, 1999 | |
|
B105689
|
Axline v. Saint John's Hospital and Health Center
Release from liability of hospital representatives and medical staff doesn't release hospital itself. |
Torts |
|
May 10, 1999 | |
|
A079402
|
California Labor Federation v. Industrial Welfare Commission
Industrial Welfare Commission can amend overtime requirements to make rules more closely comply with federal law. |
Labor Law |
|
May 10, 1999 | |
|
D026678
|
Shields v. Poway Unified School District
School district must conduct hearing to terminate teacher even if his teaching credential has been suspended. |
Education |
|
May 10, 1999 | |
|
C025895
|
United Systems of Arkansas Inc. v. Stamison
Public Contract Code requires referral of bidder's protest to Board of Control. |
Government |
|
May 10, 1999 | |
|
B088559
|
Mosier v. Southern California Physicians Insurance Exchange
Insurer voluntarily defending non-insured owes same defense-related duties it would owe a policyholder. |
Insurance |
|
May 10, 1999 | |
|
D026077
|
People v. Estrada
Inflammatory and prejudicial misconduct by co-defendant's counsel requires reversal of drug conviction. |
Criminal Law and Procedure |
|
May 10, 1999 | |
|
F025848 and F026374
|
Guthrey v. State of California
Frivolous gender discrimination action warrants award of attorney fees to defendants in trial and appellate courts. |
Employment Law |
|
May 10, 1999 | |
|
96-30214
|
U.S. v. Martinez
Waiver of right to conflict-free counsel includes potential conflicts reasonably foreseeable at time of waiver. |
Criminal Law and Procedure |
|
May 10, 1999 |
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