| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
96-56479
|
Coughlin v. Rogers
No joinder of mandamus actions against INS delays in processing applications and petitions absent common question. |
Immigration |
|
Jun. 3, 1999 | |
|
96-35776
|
United States v. M. Cutter Co.
Under Miller Act, personal property lessor can recover sums due between action filing and property return. |
Contracts |
|
Jun. 3, 1999 | |
|
97-15726
|
TCW Special Credits v. Chloe Z Fishing Co. Inc.
Fishing vessel crewmember hired without contract gets greater of promised salary or highest comparable rate. |
Employment Law |
|
Jun. 3, 1999 | |
|
S054624
|
Moeller v. Superior Court (Sanwa Bank)
Predecessor trustee cannot withhold trust administration documents from successor by claiming attorney-client privilege. |
Probate and Trusts |
|
Jun. 3, 1999 | |
|
97-1079
|
Bankruptcy of Elias
California Franchise Tax Board is immune from bankruptcy action to determine state tax liability. |
Bankruptcy |
|
Jun. 3, 1999 | |
|
96-2167
|
Bankruptcy of Cross
Securities Exchange Commission has standing to assert nondischargeability claim against Chapter 7 debtor. |
Bankruptcy |
|
Jun. 3, 1999 | |
|
H016119
|
People v. Tran
Defendant cannot be sentenced to consecutive life terms in order to double minimum term of imprisonment. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
C024734
|
People v. Thompson
Increase in defendants sentence and fines imposed after retrial violates double jeopardy clause. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
B111890
|
Ashley P., a Minor
Awareness of disagreements between family members doesn't damage children's emotional health. |
Juveniles |
|
Jun. 3, 1999 | |
|
B118164
|
Los Angeles County Dept. of Children and Family Services v. Superior Court (Paul C.)
Trial court's judgment cannot be substituted for Department of Children Services without abuse of process finding. |
Juveniles |
|
Jun. 3, 1999 | |
|
A068667
|
People v. Wright
DNA evidence from polymerase chain reaction matching technique satisfies standard for general scientific acceptance and admissibility. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
G017227
|
Balthazor v. Little League Baseball Inc.
Little League team doesn't have a duty to decrease risk of injury to players. |
Torts |
|
Jun. 3, 1999 | |
|
E019765
|
People v. James
Manufacture of methamphetamine is inherently dangerous felony for purposes of second degree felony-murder rule. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
E019715
|
Quintilliani v. Mannerino
Attorney can't rely on legal malpractice statute of limitations for breach of non-legal services contract. |
Contracts |
|
Jun. 3, 1999 | |
|
E018588
|
People v. Thongvilay
Felony murder doctrine applies when defendants cause auto accident death while driving away from committing burglary. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
97-70334
|
Rankin v. Commissioner of Internal Revenue
IRS's income tax adjustment for accounting method change applies when invalid deduction system abandoned in wrong year. |
Taxation |
|
Jun. 3, 1999 | |
|
96-36262 and 96-36263
|
Widrig v. Apfel
Court doesn't abuse discretion in calculating attorney fees award in Social Security cases. |
Attorneys |
|
Jun. 3, 1999 | |
|
97-1409
|
Bankruptcy of Tallant
Obligation of attorney to repay loan from client is nondischargeable where loan is fraudulently induced. |
Bankruptcy |
|
Jun. 3, 1999 | |
|
96-1866
|
Gebser v. Lago Vista Independent School District
No damages against district for teacher-student sexual harassment unless district official exhibits deliberate indifference. |
Civil Rights |
|
Jun. 3, 1999 | |
|
97-391
|
Calderon v. Ashmus
Abstract question of whether California qualifies for expedited treatment of federal habeas petitions isn't justiciable. |
Civil Procedure |
|
Jun. 3, 1999 | |
|
G017176
|
People v. Castorena
Facts exceeding those necessary to establish gross negligence can be used to impose upper prison term. |
Criminal Law and Procedure |
|
Jun. 2, 1999 | |
|
95-10183
|
Bankruptcy of Mullen
Federal bankruptcy court exercises discretion and abstains from hearing proceeding based on state law claim. |
Bankruptcy |
|
Jun. 2, 1999 | |
|
95-35693
|
United States ex rel., Hall v. Teledyne Wah Chang Albany
Settlement and release of state 'whistleblower' claim after federal investigation bars subsequent qui tam suit. |
Government |
|
Jun. 2, 1999 | |
|
95-99022
|
Poland v. Stewart
State high court ruling on pecuniary gain aggravating circumstance isn't unforeseeable statutory judicial enlargement. |
Criminal Law and Procedure |
|
Jun. 2, 1999 | |
|
97-6492
|
Mejia v. U.S.
Order |
|
Jun. 2, 1999 | ||
|
B117438
|
Lisa S. v. Superior Court (Los Angeles County Dept. of Children's and Family Services)
Attorney's signature alone, without parent's signature, on intent to file writ petition isn't sufficient. |
Juveniles |
|
Jun. 2, 1999 | |
|
96-70990
|
Meza-Manay v. INS
Opposition of applicant and spouse to Peruvian insurgent groups supports well-founded fear of persecution. |
Immigration |
|
Jun. 2, 1999 | |
|
S053577
|
Kingston Constr. Inc., v. Washington Metropolitan Area Transit Authority,
Congress' express or implied intent to limit concurrent jurisdiction bar non-included state subject matter jurisdiction. |
Civil Procedure |
|
Jun. 2, 1999 | |
|
93-55917
|
WMX Technologies, Inc. v. Miller, Jr.
Order |
|
Jun. 2, 1999 | ||
|
95-10183
|
U.S. v. Keen
Colloquy between judge and defendant doesn't satisfy required explanation of pitfalls of self-representation. |
Criminal Law and Procedure |
|
Jun. 2, 1999 |
