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Name Category Published
Henry v. Commissioner of Internal Revenue
Taxpayers aren't subject to statutory addition to tax deficiency since they relied on accountant's treatment of stock option proceeds.
Taxation Jun. 3, 1999
Lafarga v. INS
Alien convicted of the equivalent of a misdemeanor is entitled to voluntary departure within the petty offense exception.
Immigration Jun. 3, 1999
Louis v. Commissioner of Internal Revenue
Imposing additional tax on individual convicted of tax fraud doesn't violate double jeopardy.
Taxation Jun. 3, 1999
United States v. Lockheed Missiles & Space Co. Inc.
Under False Claims Act, Strategic Lawsuit Against Public Participation statute applies to counterclaims against plaintiff in qui tam action.
Government Jun. 3, 1999
Augustine v. Superior Court (People)
Trial court can order destruction of exhibits pursuant to statute over objections of defendants.
Criminal Law and Procedure Jun. 3, 1999
Hoonah Indian Association v. Morrison
Alaska National Interest Lands Conservation Act permits clearcutting in national forests despite affecting Alaskan native tribes' subsistence uses.
Environmental Law Jun. 3, 1999
Rich v. Calderon
Habeas relief isn't proper where defendant failed to challenge indictment and impartiality of jury after change of venue.
Criminal Law and Procedure Jun. 3, 1999
U.S. v. Jose Lombera-Camorlinga
Alien must show 'prejudice' by custom agent's failure to inform him of his right to contact his consular after arrest under Vienna Convention on Consular Relations Treaty.
Criminal Law and Procedure Jun. 3, 1999
U.S. v. Rodriguez-Lopez
Enhancements for a 'criminal conviction' under U.S. Sentencing Guidelines include prior felony immigration convictions.
Criminal Law and Procedure Jun. 3, 1999
Langer v. Redevelopment Agency of the City of Santa Cruz
Government agency isn't liable for inverse condemnation where it did not take properties by actual condemnation or its substantial equivalent.
Real Property Jun. 3, 1999
American Association of Cosmetology Schools v. Riley
Educational institution can't receive declaratory relief from loan decisions made by Secretary of Education if request is equivalent to injunctive relief.
Education Jun. 3, 1999
Bankruptcy of Leavitt
Dismissal of petition with prejudice is justified when chapter 13 debtor hides asset and overstates expenses.
Bankruptcy Jun. 3, 1999
Molina v. INS
Asylum petitioner's evidence of credible and uncontradicted death threats is sufficient to establish past persecution.
Immigration Jun. 3, 1999
Lafarga v. INS
Alien convicted of equivalent of misdemeanor is entitled to voluntary departure within the petty offense exception.
Immigration Jun. 3, 1999
Turlock Irrigation District v. Hetrick
Irrigation district isn't authorized under state constitution or statute to provide natural gas service.
Government Jun. 3, 1999
Kyle v. Carmon
Order striking complaint after voluntary dismissal of strategic lawsuit against public participation doesn't preclude simultaneous award of attorney's fees.
Civil Procedure Jun. 3, 1999
People v. Chicanti
Unmarked police car's activated light and siren can be substantial evidence of distinctive marking for charge of evading police officer.
Criminal Law and Procedure Jun. 3, 1999
Armato v. Baden
Physicians working with medical group as independent contractors aren't liable for injuries caused by physician assistant employed by group.
Torts Jun. 3, 1999
Seretti v. Superior National Insurance Co.
Shareholders in closed corporation lack standing to pursue insurance bad faith claim against corporation's insurer where policy expressly excludes them from coverage.
Insurance Jun. 3, 1999
People v. 6344 Skyway, Paradise, California
Owners of property seized in civil forfeiture aren't required to pay storage costs for items found not traceable to drug proceeds.
Civil Procedure Jun. 3, 1999
People v. Thurston
Jury instruction on spousal battery is correctly given as general intent crime.
Criminal Law and Procedure Jun. 3, 1999
Blonder v. Cumberland Engineering
Assignee who sells assets subject to security interest still has standing to invalidate that security interest.
Business Law Jun. 3, 1999
People v. Leng
Prior juvenile adjudication that isn't serious or violent felony can't be used to impose second 'strike' sentence.
Criminal Law and Procedure Jun. 3, 1999
People v. Barron
Trial court's failure to state reasons for striking prior felony conviction isn't legally unauthorized sentence which can be raised by government in defendant's appeal.
Criminal Law and Procedure Jun. 3, 1999
SimTel Communications v. National Broadcasting Co.
Secretly videotaping business meeting conducted on outdoor patio of public restaurant isn't an invasion of privacy.
Torts Jun. 3, 1999
City of Morgan Hill v. Seltzer
Terminated attorney doesn't have ownership interest or lien upon fees owing from client to firm.
Attorneys Jun. 3, 1999
Lurye v. City of West Hollywood
Public utility company owes duty to pedestrians to maintain streetlights at crosswalk.
Torts Jun. 3, 1999
Stadish v. Superior Court (Southern California Gas Co.)
Trial court has authority to issue protective order denying discovery of trade secrets, but must employ proper procedures in making ruling.
Civil Procedure Jun. 3, 1999
Logacz v. Brea Community Hospital
Where evidence suggests multiple causes of death in medical malpractice action, refusal of jury instruction regarding concurrent causation is prejudicial error.
Torts Jun. 3, 1999
Trinkle v. California State Lottery
Governmental immunity applies to protect state lottery from claim of unfair competition.
Torts Jun. 3, 1999