| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
96-70317
|
Vera-Valera v. INS
Death threats to aliens based on an imputed political opinion establishes clear probability of future persecution. |
Immigration |
|
Apr. 5, 1999 | |
|
97-10053 and 97-10072
|
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 | |
|
97-15252
|
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 | |
|
97-35197 and 97-35312
|
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 | |
|
S063097
|
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 | |
|
95-R-17414
|
Ainsworth v. State Bar
Favorable testimony and sitting for legal courses isn't enough for disbarred attorney to get reinstated. |
Attorneys |
|
Apr. 5, 1999 | |
|
95-C-12204
|
Bouyer v. State Bar
Six-month actual suspension for failure to file employment tax reports is excessive. |
Attorneys |
|
Apr. 5, 1999 | |
|
96-1975
|
Bankruptcy of DiSalvo
Ruling in dischargeability action doesn't bar subsequent determination of claim for abuse of process. |
Bankruptcy |
|
Apr. 5, 1999 | |
|
C026578
|
Townzen v. County of El Dorado
Civil defendants filing first responsive paper jointly must each pay $182 filing fee. |
Civil Procedure |
|
Apr. 5, 1999 | |
|
G018434
|
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 | |
|
G020858
|
People v. Woods
Burglary of common laundry area in inhabited apartment complex supports first degree burglary conviction. |
Criminal Law and Procedure |
|
Apr. 5, 1999 | |
|
D025650
|
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 | |
|
G017043
|
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 | |
|
G020462
|
Mario G., a Minor
Juvenile court doesn't lose jurisdiction over minor on probation simply because minor turns 21. |
Juveniles |
|
Apr. 5, 1999 | |
|
F024660
|
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 | |
|
96-17277 and 97-16237
|
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 | |
|
97-15215
|
United States v. Chapman
Government may recover reasonable attorney fees from party liable for response costs under CERCLA. |
Environmental Law |
|
Apr. 5, 1999 | |
|
A077049
|
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 | |
|
97-15428
|
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 | |
|
97-16021
|
Mauro v. Arpaio
County prison regulation prohibiting inmates' possession of sexually explicit material is unconstitutionally overbroad. |
Prisoners Rights |
|
Apr. 5, 1999 | |
|
97-30238
|
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 | |
|
97-70828
|
Antonio-Cruz v. INS
Illegal Immigration Reform and Immigrant Responsibility Act doesn't preclude judicial consideration of due process violations. |
Immigration |
|
Apr. 5, 1999 | |
|
B111463
|
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 | |
|
97-16185
|
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 | |
|
S066022
|
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 | |
|
S070035
|
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 | |
|
S054159
|
Horwath Associates v. City of East Palo Alto, et al.
Order |
|
Apr. 4, 1999 | ||
|
97-30142 and 97-30163
|
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 | |
|
B108919
|
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 | |
|
97-1019
|
Bankruptcy of Friedman
Money borrowed from retirement plan is not a "payment of benefits" sufficient to invoke exemption. |
Bankruptcy |
|
Apr. 4, 1999 |
