| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
97-70485 and 97-70486
|
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 | |
|
98-70057
|
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 | |
|
96-70808
|
Louis v. Commissioner of Internal Revenue
Imposing additional tax on individual convicted of tax fraud doesn't violate double jeopardy. |
Taxation |
|
Jun. 3, 1999 | |
|
97-16704 and 98-15111
|
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 | |
|
E022778
|
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 | |
|
97-35833 and 97-36018
|
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 | |
|
97-99007
|
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 | |
|
98-50347
|
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 | |
|
98-50419
|
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 | |
|
H018153
|
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 | |
|
97-55426
|
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 | |
|
97-16525
|
Bankruptcy of Leavitt
Dismissal of petition with prejudice is justified when chapter 13 debtor hides asset and overstates expenses. |
Bankruptcy |
|
Jun. 3, 1999 | |
|
97-70784
|
Molina v. INS
Asylum petitioner's evidence of credible and uncontradicted death threats is sufficient to establish past persecution. |
Immigration |
|
Jun. 3, 1999 | |
|
98-70057
|
Lafarga v. INS
Alien convicted of equivalent of misdemeanor is entitled to voluntary departure within the petty offense exception. |
Immigration |
|
Jun. 3, 1999 | |
|
F027535
|
Turlock Irrigation District v. Hetrick
Irrigation district isn't authorized under state constitution or statute to provide natural gas service. |
Government |
|
Jun. 3, 1999 | |
|
C029072
|
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 | |
|
B119988
|
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 | |
|
B121946
|
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 | |
|
B106505
|
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 | |
|
C029097
|
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 | |
|
E021995
|
People v. Thurston
Jury instruction on spousal battery is correctly given as general intent crime. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
E022038
|
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 | |
|
F029570
|
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 | |
|
B123958
|
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 | |
|
B109530
|
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 | |
|
H016088
|
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 | |
|
B119060
|
Lurye v. City of West Hollywood
Public utility company owes duty to pedestrians to maintain streetlights at crosswalk. |
Torts |
|
Jun. 3, 1999 | |
|
B127205
|
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 | |
|
B099108A
|
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 | |
|
C029083
|
Trinkle v. California State Lottery
Governmental immunity applies to protect state lottery from claim of unfair competition. |
Torts |
|
Jun. 3, 1999 |
