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| Cloud v. Casey, No. B106910, No. B118968.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, December 3, 1999, Decided
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Overview: Working conditions, while discriminatory, were not so intolerable to support constructive discharge claim. State law prohibiting discrimination contemplated making plaintiff whole which included punitive damages.
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| Hoechst Celanese Corp. v. Franchise Tax Bd., C030702,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, December 3, 1999, Filed
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Overview: The record did not support a determination that the pension reversion was business income under either the transactional test or functional test to determine what constitutes business income for purposes of UDITPA.
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| Hovanec v. Van Nuys Airport Restaurant Corp., B122779,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, December 3, 1999, Filed
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Overview: Where statute specifically provided for the exceptional circumstance when late filing of a complaint was permitted and provided for no other exceptions, the court concluded that no other exceptions were intended.
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| In re Brittany C., No. H019761.,
COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, December 3, 1999, Decided
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Overview: In parental rights termination case, evidence supported finding that mother failed to establish that she had maintained regular visitation with daughter and that daughter would have benefited from continuing relationship.
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| Kendall-Jackson Winery v. Superior Court, No. F033305.,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, December 3, 1999, Decided
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Overview: Wine distributor's ties with retailers and movement of competing products supported unclean hands defense in malicious prosecution claim arising from unsuccessful federal suit; earlier misconduct directly related to complaint.
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| Mez Indus. v. Pac. Nat. Ins. Co., No. B121209.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, December 3, 1999, Decided
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Overview: In an insured's action for declaratory relief and breach of contract, insurer was precluded by statute from providing indemnity to insured accused of inducement to patent infringement, a wilful act.
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| People v. Am. Contractors Indem. Co., No. H019552.,
COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, December 3, 1999, Decided
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Overview: Surety did everything to surrender defendant, but was prevented from doing so because there was no warrant in system, thus amended section of bail bond statute required forfeiture be set aside and bond exonerated.
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