| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
99-70373
|
Friends of the Cowlitz v. City of Tacoma
Court cannot review energy commission's ruling against environmental group. |
Administrative Agencies |
|
Aug. 23, 2001 | |
|
98-70979
|
Martirosyan v. INS
Order |
|
Aug. 23, 2001 | ||
|
00-3140
|
United Tribe of Shawnee Indians v. U.S.
Native American group cannot sue United States to be recognized as tribe because it did not exhaust administrative remedies. |
Native American Affairs |
|
Aug. 23, 2001 | |
|
S083835
|
People v. Allen
Order |
|
Aug. 23, 2001 | ||
|
S078564
|
People v. Valentine
Order |
|
Aug. 23, 2001 | ||
|
S081855
|
People v. Gonzalez
Order |
|
Aug. 23, 2001 | ||
|
S083619
|
People v. Matthews
Order |
|
Aug. 23, 2001 | ||
|
99-17073
|
Zinser v. Accufix Research Institute
Class certification denied because plaintiffs failed to show common issues between members and was not superior method compared to individual lawsuits. |
Torts |
|
Aug. 23, 2001 | |
|
00-30227
|
U.S. v. Pluff
Federal Major Crimes Act incorporates state definitions of crimes and sentencing schemes but does not extend to state double jeopardy law. |
Native American Affairs |
|
Aug. 23, 2001 | |
|
99-70274
|
Andreiu v. Ashcroft
Courts may stay deportation of asylum seekers while their petitions are pending review by courts. |
Immigration |
|
Aug. 23, 2001 | |
|
00-8026
|
U.S. v. Reaves
Use of computer images to seduce child into engaging in sexually explicit activity warrants increase in sentence by two levels. |
Criminal Law and Procedure |
|
Aug. 23, 2001 | |
|
99-1319
|
Harrison v. Wahatoyas, L.L.C. a Colorado limited liability company.
Among other things, 'D'Oench' doctrine prohibits debtor from enforcing agreement that wasn't clearly written to benefit debtor. |
Contracts |
|
Aug. 23, 2001 | |
|
99-55851
|
Neilson v. Chang (In re First T.D & Investment Inc.)
California statute applies to transactions between debtor and investors, therefore investors' security interests are perfected and trustee may not avoid them. |
Bankruptcy |
|
Aug. 23, 2001 | |
|
99-16501
|
Freeman v. Allstate Life Insurance
Insured's innocent misstatement concerning her epilepsy is grounds for rescission of life insurance policy. |
Insurance |
|
Aug. 23, 2001 | |
|
99-56391
|
In re Sheehan
Bankruptcy court erred in refusing to apply excusable neglect provision in determining whether to extend time for service of complaint for nondischargeability. |
Bankruptcy |
|
Aug. 23, 2001 | |
|
00-15974
|
Tillema v. Long
Period for filing federal habeas petition is tolled during pendency of state challenge of judgment regardless of whether same claims are asserted. |
Criminal Law and Procedure |
|
Aug. 23, 2001 | |
|
00-1302
|
John Roe #2 v. Ogden
Law school graduates who have not yet taken bar exam are entitled to file lawsuit challenging questions on bar application. |
Civil Procedure |
|
Aug. 23, 2001 | |
|
00-2186
|
U.S. v. Willie
Court properly applies both force and age sentence enhancements where victim of sexual assault is under 12 years old. |
Criminal Law and Procedure |
|
Aug. 23, 2001 | |
|
00-5182
|
U.S. v. Suitor
Evidence supported sentence enhancements for conspiracy leader. |
Criminal Law and Procedure |
|
Aug. 23, 2001 | |
|
00-2195
|
U.S. v. Disney
Threat to DEA agent must have been of immediate harm to justify revocation of defendant's supervised release. |
Criminal Law and Procedure |
|
Aug. 23, 2001 | |
|
B129628
|
Los Angeles Unified School District of Los Angeles County v. Wilshire Center Marketplace
Among other things, award of costs on appeal isn't part of judgment and thus doesn't defer entry of final judgment. |
Civil Procedure |
|
Aug. 23, 2001 | |
|
00-2286
|
U.S. v. Swanson
Two level sentence enhancement was proper where defendant obstructed justice by fleeing halfway house. |
Criminal Law and Procedure |
|
Aug. 23, 2001 | |
|
A092813
|
America Online Inc. v. Superior Court (Mendoza)
Forum selection clause is unenforceable because it waives rights contrary to public policy and selected state provides fewer remedies than California. |
Civil Procedure |
|
Aug. 23, 2001 | |
|
99-3324
|
Prairie Band of Potawatomi Indians
Because court correctly analyzes four factor test in deciding whether to grant preliminary injunciton, granting injunction was not abuse of discretion. |
Civil Procedure |
|
Aug. 23, 2001 | |
|
B135352
|
Payne v. National Collection Systems Inc.
Complaint against airline by job seekers is barred by previous lawsuit but may be amended and resubmitted. |
Civil Procedure |
|
Aug. 23, 2001 | |
|
F032493
|
Lewis C. Nelson & Sons Inc. v. Clovis Unified School District
Civil Code Section 3287, which allows prejudgment interest on unliquidated claims, applies to public entities. |
Civil Procedure |
|
Aug. 23, 2001 | |
|
F032493
|
Lewis C. Nelson & Sons Inc. v. Clovis Unified School District
|
|
Aug. 23, 2001 | ||
|
B139450
|
Fisher v. Gibson
Civil defendant who could suffer criminal prosecution must present evidence justifying summary judgment opposition beyond the mere possibility of self-incrimination. |
Civil Procedure |
|
Aug. 23, 2001 | |
|
B138940
|
People v. Turner
Prosecutor's dismissal of jurors from city with substantial black population is 'mere surrogate or proxy' for group bias. |
Criminal Law and Procedure |
|
Aug. 23, 2001 | |
|
S087880
|
People v. Martin
Momentary or transitory handling of controlled substance for purpose of disposal is defense to possession charge. |
Criminal Law and Procedure |
|
Aug. 23, 2001 |