| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S052695
|
People v. Reese
Order |
|
Dec. 19, 1997 | ||
|
A75003
|
Mission Housing Development Company v. City And County of San Francisco
Assessment board's failure to make timely determination entitles taxpayers to use their property value opinion. |
Taxation |
|
Dec. 18, 1997 | |
|
B097115
|
Aubry v. Workers' Compensation Appeals Board,
Service of claim form with notice of lawsuit is sufficient to give Appeals Board jurisdiction. |
Workers' Compensation |
|
Dec. 12, 1997 | |
|
S054812
|
People v. Aguilar
Although hands and feet aren't deadly weapons, jury wasn't asked to use erroneous standard for guilt. |
Criminal Law and Procedure |
|
Dec. 12, 1997 | |
|
A076689
|
Rawson v. Tosco Refining Co.
Overtime pay provisions in collective bargaining agreement are not pre-empted by provisions in wage order. |
Labor Law |
|
Dec. 8, 1997 | |
|
94-70445
|
Lising v. INS
In denying waiver of deportation, Board of Immigration Appeals cannot rely on erroneous adverse factor. |
Immigration |
|
Dec. 8, 1997 | |
|
S057155
|
Manning v. Dept. of Motor Vehicles
Order |
|
Nov. 21, 1997 | ||
|
96-16457
|
Jones v. United States
11-month period between publishing new unpatented mining claims and compliance deadline satisfies procedural due process. |
Administrative Agencies |
|
Oct. 31, 1997 | |
|
S056559
|
California Association of Health Facilities v. Dept. of Health Services
Reasonable licensee defense doesn't preclude health care facility's vicarious liability and is inapplicable if employee acts unreasonably |
Administrative Agencies |
|
Oct. 3, 1997 | |
|
95-56661
|
Jacobellis v. State Farm Fire and Casualty Co.
Homeowner can sue insurer under California Earthquake Act for not offering earthquake insurance. |
Insurance |
|
Oct. 3, 1997 | |
|
94-35484
|
Gotcher Jr. v. Wood
Order |
|
Sep. 12, 1997 | ||
|
92-17087
|
Yniguez v. Arizonans for Official English
Order |
|
Sep. 11, 1997 | ||
|
B100255
|
Soto v. State of California
Government Immunity Bars Tort Action by county worker injured during state's emergency training exercises. |
Torts |
|
Aug. 22, 1997 | |
|
A074636
|
Estate of Condon
Out-of-state attorney, who is not licensed in California but hired by executor, is entitled to fees. |
Probate and Trusts |
|
Aug. 22, 1997 | |
|
96-1705
|
Bankruptcy of Santa Monica Beach Hotel Ltd.
Prepetition contract can provide basis for determining compensation for postpetition construction services. |
Bankruptcy |
|
Aug. 18, 1997 | |
|
B099392
|
Tyler v. WCAB
Workers' compensation judge can direct further medical examination to resolve doubts on industrial causation. |
Workers' Compensation |
|
Aug. 12, 1997 | |
|
95-2231
|
Bankruptcy of Smith
Whether life insurance premium is necessary expense must be determined on case-by-case basis. |
Bankruptcy |
|
Aug. 6, 1997 | |
|
S061544
|
Barkhordarian v. Cooley, Godward, Castro, Huddleson & Tatum
Undisputed factual showing of harm does not establish 'actual injury' as matter of law. |
Attorneys |
|
Jun. 29, 1997 | |
|
B099094
|
Gifford v. J & A Holdings
Notice of intended sale is defective and postponing escrow closing isn't commercially reasonable statutory cure. |
Business Law |
|
Jun. 27, 1997 | |
|
96-17
|
Northrop Grumman Corp. v. Hyatt
Order |
|
Jun. 23, 1997 | ||
|
96-8653
|
Gray v. Maryland
Certiorari granted |
|
Jun. 17, 1997 | ||
|
96-99000
|
McDowell v. Calderon
In capital case, defense counsel's delay in obtaining drug testing is not ineffective assistance. |
Criminal Law and Procedure |
|
Jun. 4, 1997 | |
|
95-15122
|
Bankruptcy of McConville
Remedy for bankrupt debtors incurring secured debt without court authorization is cancellation of transaction. |
Bankruptcy |
|
May 30, 1997 | |
|
95-16106
|
Keams v. Tempe Technical Institute Inc.
Under Arizona law, school accrediting agency owes no tort duty to students of accredited school. |
Torts |
|
May 30, 1997 | |
|
95-16148
|
Corkill v. Shalala
Physician can be excluded from Medicare program after failing to meet professionally recognized surgical standard. |
Administrative Agencies |
|
May 30, 1997 | |
|
96-5658
|
Lambrix v. Singletary
Prisoner with final conviction before 'Espinosa v. Florida' cannot rely on decision in federal habeas proceeding. |
Criminal Law and Procedure |
|
May 23, 1997 | |
|
E016447
|
Allyson v. Dept. of Transportation
Public entity has no duty to remedy icy road conditions reasonably apparent to motorists. |
Torts |
|
May 15, 1997 | |
|
C022144
|
Crummett v. Miller
Miner forfeits claim by failing to comply with Federal Land Policy and Management Act. |
Real Property |
|
May 2, 1997 | |
|
C023281
|
People v. Sohal
Defendant's prior conviction for assault with deadly weapon constitutes strike under three strikes law. |
Criminal Law and Procedure |
|
May 2, 1997 | |
|
D023829
|
San Diego Metropolitan Transit Development Board v. Cushman
Owner is entitled to damages for taking based on inability to fully expand retail building. |
Real Property |
|
May 2, 1997 |