| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S055144
|
Quemaline Co. v. Stewart Title Guaranty Co.
Title insurers need not issue title insurance against their better judgment on particular land parcels. |
Real Property |
|
Mar. 24, 1999 | |
|
96-56830
|
Godwin v. Hunt Wesson Inc.
Substantial evidence contradicting employer's proffered evidence of nondiscriminatory motivation in promotion precludes summary judgment. |
Employment Law |
|
Mar. 24, 1999 | |
|
97-35974
|
Helgeson v. Bureau of Indian Affairs
Judicial review isn't available for Bureau of Indian Affairs' denial of application for Indian Revolving Loan Funds. |
Native American Affairs |
|
Mar. 24, 1999 | |
|
S055144
|
Quelimane Co. v. Stewart Title Guaranty Co.
Plaintiffs may sue title insurers under unfair competition statutes for alleged refusal to insure. |
Insurance |
|
Mar. 24, 1999 | |
|
97-50594
|
U.S. v. Green
Exceptional post-sentencing rehabilitation efforts may justify downward departure upon resentencing. |
Criminal Law and Procedure |
|
Mar. 24, 1999 | |
|
97-99011
|
Babbitt v. Calderon
Counsel isn't ineffective due to use of experts rather than lay witnesses to explain post-traumatic stress disorder. |
Criminal Law and Procedure |
|
Mar. 24, 1999 | |
|
S071654
|
Patterson v. City of Livermore
Bicycling accident described in complaint didn't necessarily involves a "hazardous recreational activity." |
Torts |
|
Mar. 24, 1999 | |
|
D025705
|
People v. Houck
Court can't use preliminary hearing transcript to prove prior conviction was 'serious felony' under three strikes. |
Criminal Law and Procedure |
|
Mar. 24, 1999 | |
|
S057191
|
People v. Birks
Denial of defendant's requested instruction on lesser included offense isn't prejudicial error requiring reversal of conviction. |
Criminal Law and Procedure |
|
Mar. 24, 1999 | |
|
A076754
|
Damian v. Tamondong
Defendant in voluntarily dismissed deficiency action under Rees-Levering Actmay be entitled to attorney fees. |
Contracts |
|
Mar. 24, 1999 | |
|
G021908
|
Joseph R., a Minor
Minor's statement to officer is admissible despite lack of Miranda warnings because minor wasn't in custody. |
Juveniles |
|
Mar. 24, 1999 | |
|
95-30158
|
U.S. v. Ramirez
Order |
|
Mar. 24, 1999 | ||
|
96-30363
|
U.S. v. Plunk
Law enforcement officer may testify as expert witness regarding jargon used in drug transactions. |
Criminal Law and Procedure |
|
Mar. 24, 1999 | |
|
S060370
|
Green v. Ralee Engineering Co.
Fundamental public policies supporting wrongful discharge actions may be found in administrative regulations. |
Employment Law |
|
Mar. 24, 1999 | |
|
97-16495
|
Sze v. INS
Challenge to delay in processing naturalization applications is mooted by approval while appeal pending. |
Immigration |
|
Mar. 24, 1999 | |
|
97-16821
|
Children of the Rosary v. City of Phoenix
City may limit advertising on buses to commercial messages. |
Constitutional Law |
|
Mar. 24, 1999 | |
|
A079068 and A079232
|
MCM Construction Inc. v. City & County of San Francisco (Myers/Kulchin-Condon)
City can't waive statutory public contract bidding requirements of listing subcontractor prices. |
Government |
|
Mar. 24, 1999 | |
|
96-30369
|
U.S. v. Dubose
Statute mandating restitution regardless of defendant's ability to pay is constitutional. |
Criminal Law and Procedure |
|
Mar. 24, 1999 | |
|
96-35756
|
Atkins v. Apfel
Request for fees on appeal under Equal Access to Justice Act requires consideration of result obtained. |
Civil Procedure |
|
Mar. 24, 1999 | |
|
97-35472
|
Allen v. Crabtree
No custody credit toward consecutive sentence for parole violation for time served before last sentence vacated. |
Criminal Law and Procedure |
|
Mar. 24, 1999 | |
|
97-35697
|
U.S. v. Allen
Ineffective assistance claim is successive even if it includes new factual allegations. |
Criminal Law and Procedure |
|
Mar. 24, 1999 | |
|
97-55238
|
Kodadek v. MTV Networks Inc.
Drawing created from memory isn't a bona fide copy of original work for copyright registration purposes. |
Intellectual Property |
|
Mar. 24, 1999 | |
|
97-55334, 97-55588 and 97-55621
|
Kim v. Kang
Court has jurisdiction to change interim rulings at any time prior to final judgment. |
Civil Procedure |
|
Mar. 24, 1999 | |
|
97-55486
|
Bankruptcy of Been
State default judgment of 'sold-out' junior lienholder on note creates an avoidable judicial lien. |
Bankruptcy |
|
Mar. 24, 1999 | |
|
97-70000
|
Ratnam v. INS
Torture that is unrelated to criminal prosecution and partially conducted due to political opinion, supports asylum. |
Immigration |
|
Mar. 24, 1999 | |
|
98-30002
|
U.S. v. Allen
State misdemeanor convictions are properly included in calculation of defendant's criminal history score. |
Criminal Law and Procedure |
|
Mar. 24, 1999 | |
|
98-35031
|
Allen v. State of Oregon
Federal prison inmate with state convictions isn't in state custody for habeas corpus purposes. |
Criminal Law and Procedure |
|
Mar. 24, 1999 | |
|
S062489
|
Bank of America v. Lallana
Creditor selling repossessed vehicle must comply with both Rees-Levering Act and Uniform Commercial Code. |
Business Law |
|
Mar. 24, 1999 | |
|
95-30158
|
U.S. v. Ramirez
Order |
|
Mar. 24, 1999 | ||
|
D025705
|
People v. Houck
Court can't use preliminary hearing transcript to prove prior conviction was 'serious felony' under three strikes. |
Criminal Law and Procedure |
|
Mar. 24, 1999 |
