| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
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 | |
|
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 | |
|
97-1732
|
California Public Employs' Retirement v. Felzen
Non-party shareholders to settlement agreement don't have right to directly appeal, even in the interest of justice. |
Civil Procedure |
|
Mar. 24, 1999 | |
|
S055144
|
Quelimane Company, Inc. v. Stewart Title Guaranty Co.
Plaintiff may sue title insurers under unfair competition statutes for alleged refusal to insure. |
Insurance |
|
Mar. 24, 1999 | |
|
96-35014
|
U.S. v. State of Washington
Indian Tribes have right to take all species of shellfish in their traditional fishing areas. |
Native American Affairs |
|
Mar. 24, 1999 | |
|
96-35717
|
Brem-Air Disposal v. Cohen
Contractor that didn't participate in competitive bidding process lacks standing to claim entitlement to contract. |
Government |
|
Mar. 24, 1999 | |
|
96-56508
|
Bankruptcy of Seko Investment Inc.
Claim isn't subject to 'bona fide dispute' in involuntary bankruptcy on basis of counterclaim alone. |
Bankruptcy |
|
Mar. 24, 1999 | |
|
97-2045
|
South Central Bell Telephone v. Alabama
Taxpayers aren't barred by a prior State-court judgment, from presenting a present challenge to a State tax. |
Constitutional Law |
|
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 | |
|
B111513
|
American Sheds Inc. v. County of Los Angeles
Assessment of landfill doesn't include 'intangibles' of permits and business enterprise value. |
Taxation |
|
Mar. 24, 1999 | |
|
96-56756
|
Furguiel v. Benov
Without Bureau of Prisons notification to prisoner of eligibility, prisoner hasn't expectation of early release. |
Criminal Law and Procedure |
|
Mar. 24, 1999 | |
|
S071633
|
Norgart v. Upjohn Co.
Where several possible causes limitations periods doesn't commence until plaintiff should suspect specific defendant caused injury. |
Torts |
|
Mar. 24, 1999 | |
|
S060145
|
Yamaha Corp. of America v. State Board of Equalization
Agency's 'annotations' aren't entitled to the deference courts accord to quasi-legislative rules. |
Administrative Agencies |
|
Mar. 24, 1999 | |
|
S055733
|
People v. Cortez
Conspiracy to commit murder is conspiracy to commit premeditated first-degree murder and punishable as such. |
Criminal Law and Procedure |
|
Mar. 24, 1999 | |
|
96-16804 and 96-16947
|
Snoeck v. Brussa
Eleventh Amendment bars action against judicial discipline commission that has no enforcement power. |
Constitutional Law |
|
Mar. 24, 1999 | |
|
96-16859
|
Bankruptcy of Simon
Bankruptcy court can sanction participating foreign creditor who violates injunction against collecting discharged debt. |
Bankruptcy |
|
Mar. 24, 1999 | |
|
97-35952 and 97-36013
|
Means v. Northern Cheyenne Tribal Court
Ex post facto clause bars tribal court's exercise of criminal jurisdiction under Indian Civil Rights Act amendments. |
Criminal Law and Procedure |
|
Mar. 24, 1999 | |
|
98-0040
|
Speer v. Donfeld
Judge abuses discretion by revoking admission pro hac vice where substantial evidence doesn't support the ruling. |
Attorneys |
|
Mar. 23, 1999 | |
|
A081340
|
California Pacific Homes, Inc. v. Scottsdale Insurance Co.
Order |
|
Mar. 23, 1999 | ||
|
97-3352 and 97-3367
|
Beck v. Northern Natural Gas Co.
Although jury properly finds trespass, landowner only gets single recovery based on fair rental value. |
Real Property |
|
Mar. 23, 1999 | |
|
98-6297
|
Turner v. Kaiser
Order |
Criminal Law and Procedure |
|
Mar. 23, 1999 | |
|
97-2317
|
Tays v. Metler
Order |
Probate and Trusts |
|
Mar. 23, 1999 | |
|
98-5103
|
Listenbee v. Apfel
Order |
Administrative Agencies |
|
Mar. 23, 1999 | |
|
98-7102
|
Cotten v. Champion
Order |
Criminal Law and Procedure |
|
Mar. 23, 1999 |
