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Name Category Published
Vera-Valera v. INS
Death threats to aliens based on an imputed political opinion establishes clear probability of future persecution.
Immigration Apr. 5, 1999
U.S. v. Reed
Use of special verdict form requiring jury to determine occurrence of acts, each of which constituted crime, is proper.
Criminal Law and Procedure Apr. 5, 1999
Sameena Inc. v. U.S. Air Force
Contractor facing proposed debarment from government contracting is entitled to evidentiary hearing if factual dispute exists.
Government Apr. 5, 1999
Star Phoenix Mining Co. v. West One Bank
Failure to preserve deficiency claim against debtor doesn't forfeit right to collect deficiency from guarantor.
Bankruptcy Apr. 5, 1999
People v. Guiuan
Juries should be instructed that only accomplice testimony incriminating to defendants should be viewed with caution.
Criminal Law and Procedure Apr. 5, 1999
Ainsworth v. State Bar
Favorable testimony and sitting for legal courses isn't enough for disbarred attorney to get reinstated.
Attorneys Apr. 5, 1999
Bouyer v. State Bar
Six-month actual suspension for failure to file employment tax reports is excessive.
Attorneys Apr. 5, 1999
Bankruptcy of DiSalvo
Ruling in dischargeability action doesn't bar subsequent determination of claim for abuse of process.
Bankruptcy Apr. 5, 1999
Townzen v. County of El Dorado
Civil defendants filing first responsive paper jointly must each pay $182 filing fee.
Civil Procedure Apr. 5, 1999
Lokeijak v. City of Irvine
Local court 'policy' discouraging motions for summary judgment and summary adjudication of issues is invalid.
Civil Procedure Apr. 5, 1999
People v. Woods
Burglary of common laundry area in inhabited apartment complex supports first degree burglary conviction.
Criminal Law and Procedure Apr. 5, 1999
City of San Diego v. Sobke
Expert testimony based solely on increased expenses following condemnation doesn't establish loss of goodwill.
Real Property Apr. 5, 1999
Stein-Brief Group Inc. v. Home Indemnity Co.
Insurers have no duty to defend actions based on alleged breaches of settlement agreement and sales contract.
Insurance Apr. 5, 1999
Mario G., a Minor
Juvenile court doesn't lose jurisdiction over minor on probation simply because minor turns 21.
Juveniles Apr. 5, 1999
Wilmot v. Commission on Professional Competence (Kern High School District Board of Trustees)
Teacher and district may stipulate to extend 60-day deadline for hearing before Commission on Professional Competence.
Education Apr. 5, 1999
Madrid v. Gomez
Provisions of Prison Litigation Reform Act limiting attorney fees apply to cases pending before Act's enactment.
Prisoners Rights Apr. 5, 1999
United States v. Chapman
Government may recover reasonable attorney fees from party liable for response costs under CERCLA.
Environmental Law Apr. 5, 1999
San Mateo Community College District v. Half Moon Bay Limited Partnership
Determinable term of oil and gas lease isn't extended by force majeure clause.
Real Property Apr. 5, 1999
Shamrock Farms Co. v. Veneman
State's interest in plentiful stable milk supply is legitimate purpose for enacting composition standards and pricing laws.
Administrative Agencies Apr. 5, 1999
Mauro v. Arpaio
County prison regulation prohibiting inmates' possession of sexually explicit material is unconstitutionally overbroad.
Prisoners Rights Apr. 5, 1999
U.S. v. Ellis
Admission of prejudicial evidence concerning intent requires reversal where intent isn't an element of crime.
Criminal Law and Procedure Apr. 5, 1999
Antonio-Cruz v. INS
Illegal Immigration Reform and Immigrant Responsibility Act doesn't preclude judicial consideration of due process violations.
Immigration Apr. 5, 1999
People v. Clayton
Entry by defendant given key by husband for purpose of attacking and killing wife constitutes burglary.
Criminal Law and Procedure Apr. 5, 1999
Kendall-Jackson Winery Ltd. v. E. & J. Gallo Winery
Grape leaf design for wine labels isn't a protected trademark.
Intellectual Property Apr. 4, 1999
California Coastal Commission v. Buckley
Coastal Commission loses jurisdiction over development of lot after placing it within single-family residence construction area.
Administrative Agencies Apr. 4, 1999
People v. Buchholz
Failure to instruct on element of crime isn't harmless where jury didn't actually consider relevant facts.
Criminal Law and Procedure Apr. 4, 1999
Horwath Associates v. City of East Palo Alto, et al.
Order
Apr. 4, 1999
U.S. v. Montgomery
Factual distinctions between alleged criminal enterprises allow charging of separate conspiracies without violating double jeopardy clause.
Criminal Law and Procedure Apr. 4, 1999
Hood v. Hacienda La Puente Unified School District
Failure to exhaust administrative remedies bars former teacher's action under whistleblower statute.
Government Apr. 4, 1999
Bankruptcy of Friedman
Money borrowed from retirement plan is not a "payment of benefits" sufficient to invoke exemption.
Bankruptcy Apr. 4, 1999