| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
97-176
|
In re Sanchez
Courts lack authority under Election Act to issue subpoenas in blank or for document production only. |
Government |
|
Jul. 8, 1999 | |
|
S058301
|
Hosking v. Carrier Corporation et al.
Despite voluntary dismissal of action,defendant is entitled to attorney feesunder terms of contract. |
Civil Procedure |
|
Jul. 8, 1999 | |
|
96-35254
|
Burlington Northern Railroad Co. v. Wolf
District court cannot enjoin enforcement of tribal court's judgment before debtor exhausts tribal remedies. |
Native American Affairs |
|
Jul. 8, 1999 | |
|
96-6423
|
City of Los Angeles v. United States Department of Agriculture
Utility company's economic interests in project negates standing to sue under National Environmental Policy Act. |
Environmental Law |
|
Jul. 8, 1999 | |
|
94-55990
|
Mitchell v. Prunty
Gang membership and crime scene presence don't support aiding and abetting gang-related murder conviction. |
Criminal Law and Procedure |
|
Jul. 8, 1999 | |
|
A071418
|
People v. Soto
Claims of sentencing error are waived if specific objections aren't made at time of hearing. |
Criminal Law and Procedure |
|
Jul. 8, 1999 | |
|
G019481
|
Pham v. Nguyen
Continuance requests stipulated to by both parties are encouraged to be granted despite not warranted here. |
Civil Procedure |
|
Jul. 8, 1999 | |
|
B101751
|
Los Angeles Lincoln Place Investors Ltd. v. City of Los Angeles
Ellis Act pre-empts city's requirement for owner to exit rental business to obtain demolition permit. |
Real Property |
|
Jul. 8, 1999 | |
|
96-3633
|
International Fire & Marine Ins. Co. v. Silver Star Shipping America Inc.
Signed bill of lading is unnecessary if fair opportunity to opt out of liability exists. |
Maritime Law |
|
Jul. 8, 1999 | |
|
A071295
|
People v. Nichols
Court isn't required to instruct on the power of jury nullification, even if jury asks. |
Criminal Law and Procedure |
|
Jul. 8, 1999 | |
|
B103279
|
Kensington University v. Council for Private Postsecondary and Vocational Education
Private school council's procedures used to deny application to operate degree program don't violate due process. |
Education |
|
Jul. 8, 1999 | |
|
E017326
|
People v. Crone
Failure to instruct on significance of reasonable doubt in choice between greater and lesser offenses is harmless. |
Criminal Law and Procedure |
|
Jul. 8, 1999 | |
|
H015082
|
Davidon Homes v. City of San Jose
City's determination ordinance is exempt from California Environmental Quality Act must be supported by evidence. |
Environmental Law |
|
Jul. 8, 1999 | |
|
94-55581
|
Chroma Lighting v. GTE Products Corp.
In price-discrimination action, competition injury is conclusively established by proof of individual competitor's injury. |
Antitrust |
|
Jul. 8, 1999 | |
|
G019950
|
Alexis M., a Minor
Father convicted of murdering son need not be offered reunification services with surviving daughter. |
Juveniles |
|
Jul. 7, 1999 | |
|
95-17347
|
Parker v. United States
Beneficiaries' identity doesn't allow IRS' retention of trust's overpayment based on time-barred assessment against estate. |
Taxation |
|
Jul. 7, 1999 | |
|
95-50181
|
U.S. v. Hernandez
Felon firearm conviction is overturned after admission of unredacted felony judgment despite stipulation offer. |
Criminal Law and Procedure |
|
Jul. 7, 1999 | |
|
96-10081
|
U.S. v. Sotelo
Defendant's belief in sole allegiance to U.S. doesn't establish 'national' status as opposed to alien status. |
Criminal Law and Procedure |
|
Jul. 7, 1999 | |
|
S060180
|
People v. Woodell
Trial court can consider appellate record in determining existence and nature of defendant's prior conviction. |
Criminal Law and Procedure |
|
Jul. 7, 1999 | |
|
98-70095
|
Ferguson v. Commissioner of Internal Revenue Service.
Plaintiff's gain in appreciated stock later transferred to charitable organizations is taxable income under anticipatory assignment of income doctrine. |
Taxation |
|
Jul. 7, 1999 | |
|
98-15932
|
Hart v. Gomez
Failure of defense attorney to introduce records corroborating possible biased defense witness' uncorroborated testimony is ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Jul. 7, 1999 | |
|
B118052
|
Michelson v. Camp
Lenders' full credit foreclosure sale bid in excess of loan related damages precludes recovery in tort. |
Real Property |
|
Jul. 7, 1999 | |
|
F027142
|
Hill v. City of Fresno
Developer's suit challenging water fees is improperly dismissed under general statute, since special statute only applies to agency decisions. |
Real Property |
|
Jul. 7, 1999 | |
|
B127321
|
Cybermedia Inc. v. Superior Court (Brown)
Where general notice is insufficient, peremptory challenge against newly assigned judge, filed within 15 days of actual notice, is proper. |
Judges |
|
Jul. 7, 1999 | |
|
97-15844
|
TwoRivers v. Lewis
State law regarding retroactive application of amended statute doesn't apply even if state limitation period is adopted in federal civil rights claim. |
Civil Procedure |
|
Jul. 7, 1999 | |
|
97-55560
|
Minnesota Mutual Life Insurance Co. v. Ensley
Proceeds from term life insurance are either community or separate property depending on who paid the premium during final term. |
Insurance |
|
Jul. 7, 1999 | |
|
97-17011 and 97-17016
|
United States v. Alpine Land & Reservoir Co.
District court has exclusive jurisdiction over appeal regarding water rights adjudicated under its decrees and can enjoin state court proceeding. |
Environmental Law |
|
Jul. 7, 1999 | |
|
96-56808
|
Gonzalez v. Metropolitan Transportation Authority
When it's unclear whether employees challenging urine tests perform work that risks public safety, dismissal of complaint is improper. |
Constitutional Law |
|
Jul. 7, 1999 | |
|
97-17213
|
Johnson v. Gila River Indian Community
Tribal court litigant doesn't have to exhaust tribal court remedies before filing in federal court when tribal court fails to rule. |
Native American Affairs |
|
Jul. 7, 1999 | |
|
98-56918
|
Brookfield Communications Inc. v. West Coast Entertainment Corp.
Federal trademark and unfair competition law can bar video rental chain from using trademark of entertainment-based company in its website's domain name. |
Intellectual Property |
|
Jul. 7, 1999 |
