| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
96-70061
|
Talley Industries Inc. v. IRS
Parties' intent determines business-expense deductibility of contractor's fraud-claim payment to government. |
Taxation |
|
Jul. 1, 1999 | |
|
96-50322
|
U.S. v. Colbert
Bank-fraud defendant cannot impeach co-conspirator with misdemeanor conviction for soliciting prostitute. |
Criminal Law and Procedure |
|
Jul. 1, 1999 | |
|
96-70276
|
De Leon-Barrios v. INS
Political asylum denial is supported by immigration judge's adverse credibility finding for alien's inconsistent applications. |
Immigration |
|
Jul. 1, 1999 | |
|
F023798, F023917 and F023973
|
People v. Madrana
Restitution and penalty covering disposal of hazardous controlled substances are imposed against defendants jointly and severally. |
Criminal Law and Procedure |
|
Jul. 1, 1999 | |
|
D024992
|
People v. Castaneda
If conviction could be based on one of several different acts, court must give unanimity instruction. |
Criminal Law and Procedure |
|
Jul. 1, 1999 | |
|
B104323
|
Marriage of Fell
Impermissible waiver of mandatory exchange of declarations disclosing assets and liabilities requires setting aside dissolution. |
Family Law |
|
Jul. 1, 1999 | |
|
B106825
|
James v. WCAB
Employee's psychiatric injury is not compensable, despite employer's failure to reject claim within 90 days. |
Workers' Compensation |
|
Jul. 1, 1999 | |
|
D025504
|
People v. Kearns
Basis for necessity defense is risk of harm, not actual harm, caused by the illegal conduct. |
Criminal Law and Procedure |
|
Jul. 1, 1999 | |
|
B083162
|
Be v. Western Truck Exchange
Plaintiff cannot enter into good faith settlement with cross-defendant after verdict in main action. |
Civil Procedure |
|
Jul. 1, 1999 | |
|
D023509
|
Fujitsu Microelectronics Inc. v. Assessment Appeals Board of the County of San Diego
Failure to establish government applied improper depreciation rates on personal property results in no refund. |
Taxation |
|
Jul. 1, 1999 | |
|
B099308
|
People v. Roberts
Expert testimony of gang member's willingness to testify falsely for non-gang member is admissible. |
Criminal Law and Procedure |
|
Jul. 1, 1999 | |
|
A074260 and A075144
|
Division of Labor Standards Enforcement v. UI Video Stores Inc.
Division of Labor Standards Enforcement can retain undeliverable back-pay checks in unpaid wage fund. |
Labor Law |
|
Jul. 1, 1999 | |
|
D025961
|
Hoffmaster v. City of San Diego
City's amended housing element doesn't comply with statute requiring identification of sites for homeless emergency shelters. |
Government |
|
Jul. 1, 1999 | |
|
B096857
|
Studwell Inc. v. Korean Exchange Bank
Beneficiary's interest in executory letter of credit is not property of the beneficiary subject to attachment. |
Banking |
|
Jul. 1, 1999 | |
|
B089932
|
Shartzer v. Israels
Invasion of privacy occurs when criminal defense attorney reads and disseminates victim's mental health records. |
Torts |
|
Jul. 1, 1999 | |
|
96-10328
|
U.S. v. Nyemaster
Absent evidence of intoxication degree, car-camper's conviction for being under influence in national park fails. |
Criminal Law and Procedure |
|
Jul. 1, 1999 | |
|
95-70189
|
Eagle Marine Services v. Director, Office of Workers Compensation Programs
Injured longshoreman's receipt of holiday pay doesn't indicate wage-earning capacity for determining statutory disability benefits. |
Labor Law |
|
Jul. 1, 1999 | |
|
96-10345
|
U.S. v. Gaytan
Absent defendant's input, double jeopardy bars retrial after dismissal with prejudice for government's 'Brady' violation. |
Criminal Law and Procedure |
|
Jul. 1, 1999 | |
|
98-1393
|
Bankruptcy of The Leisure Corp.
A debtor is not prohibited, as a matter of law, from exercising a postpetition lease renewal due to postpetition lease defaults. |
Bankruptcy |
|
Jul. 1, 1999 | |
|
S060909
|
People v. Tillis
Prosecutor's failure to provide discovery regarding defense expert's arrest for drug use is harmless error. |
Criminal Law and Procedure |
|
Jul. 1, 1999 | |
|
S060707
|
People v. Valencia
Order |
|
Jul. 1, 1999 | ||
|
S060362
|
Lucas v. Swanson & Dowdall
Failure to show tort liability action based on plaintiff's malice precludes dismissal of malicious action. |
Torts |
|
Jul. 1, 1999 | |
|
S060473
|
People v. Castillo
Confession by defendant after threats to arrest wife isn't coerced and is admissible at trial. |
Criminal Law and Procedure |
|
Jul. 1, 1999 | |
|
96-8184
|
Daniel v. U.S.
Order |
|
Jul. 1, 1999 | ||
|
96-827
|
Crawford-El, Leonard v. Britton
Certiorari granted |
|
Jul. 1, 1999 | ||
|
96-1590
|
FEC v. Akins
Certiorari granted |
|
Jul. 1, 1999 | ||
|
S060927
|
Hubbard v. Ventura County Superior Court (People)
Defense isn't required to disclose statements obtained from prosecution witnesses to be used on. |
Criminal Law and Procedure |
|
Jul. 1, 1999 | |
|
96-667
|
U.S. v. Hyde
Certiorari granted |
|
Jul. 1, 1999 | ||
|
96-6867
|
O'Dell v. Netherland
New rule allowing jury instruction on parole ineligibility is inapplicable to disturb defendant's death sentence. |
Criminal Law and Procedure |
|
Jul. 1, 1999 | |
|
96-663
|
Klehr v. A. O. Smith Corp.
'Last predicate act' rule isn't appropriate interpretation of RICO. |
Civil Procedure |
|
Jul. 1, 1999 |