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Name Category Published
In re Price
Order 		Mar. 3, 2009
In re Simon
Order 		Mar. 3, 2009
Christensen v. Smith
Appeal from adverse arbitration decision not allowed where parties' agreement lacks specific provisions providing for such review. 		Civil Procedure Mar. 3, 2009
Sheehan v. The San Francisco 49ers Ltd.
To affirm sustained demurrer for failure to state claim, defendant must show that complaint fails to state claim under any possible legal theory. 		Constitutional Law Mar. 3, 2009
Estate of O'Neal v. American Seafoods Company
Parol evidence to demonstrate longer term barred when employment contract contained explicit language defining duration of agreement. 		Employment Law Mar. 3, 2009
Christensen v. Stevedoring Services of America
For purposes of fee calculation, 'relevant community' may not be based solely on other awards under Longshore and Harbor Workers' Compensation Act. 		Attorneys Mar. 3, 2009
Van Skike v. Director, Office of Workers' Compensation Programs
Calculation of attorney fees improper when award determined by rates granted in contemporaneous Longshore and Harbor Workers' Compensation Act cases. 		Attorneys Mar. 3, 2009
U.S. v. Strickland
Admissions in state sex offender registration forms properly used to determine if out-of-state conviction is predicate for federal sentencing enhancement. 		Criminal Law and Procedure Mar. 3, 2009
Broberg v. Guardian Life Insurance Company of America
Insurance policy disclaimers insufficient inquiry notice to trigger statute of limitations period for unfair competition claim. 		Insurance Mar. 3, 2009
Maldonado v. Morales
Challenge to injunction is moot where amendment to California's Outdoor Advertising Act remedied constitutional issue. 		Business Law Mar. 2, 2009
Canyon Ferry Road Baptist Church of East Helena Inc. v. Unsworth
Church's de minimis activities in connection with ballot measure did not create an 'incidental committee' subject to reporting requirement. 		Constitutional Law Mar. 2, 2009
Binns v. Westminster Memorial Park
Emotional distress foreseeable where defendant negligently buries a stranger's body in plaintiff's reserved plot. 		Torts Mar. 2, 2009
In re Rico
Decision to deny parole is not supported by evidence where finding is based solely on gravity of commitment offense. 		Criminal Law and Procedure Mar. 2, 2009
Keller v. Commissioner of Internal Revenue
Overvaluation penalty inappropriate where stipulation disallowed deductions in question. 		Taxation Mar. 2, 2009
Nazari v. Ayrapetyan
Medical testimony on examinations without certified interpreter admissible per Evidence Code Section 755.5 when testimony does not depend on communication with plaintiff. 		Torts Mar. 2, 2009
McCoy v. Progressive West Insurance Co.
Reasonableness instruction pursuant to California Civil Instruction 2331 supports insurer bad claim finding where no genuine issue is shown. 		Insurance Mar. 2, 2009
Easterby v. Clark (Deledonne)
Expert testimony at trial that went beyond scope of deposition erroneously excluded. 		Torts Mar. 2, 2009
D.B. v. Superior Court (Humboldt County Dept. of Health & Human Services)
Denial of reunification services is proper where father failed to comply with court-ordered drug treatment as condition of parole. 		Family Law Mar. 2, 2009
Rental Housing Associations of Northern Alameda County v. City of Oakland
Municipality ordinance requiring landlords to plead and prove tenant eviction and providing civil remedy to tenant for wrongful eviction enforceable. 		Real Property Mar. 2, 2009
Humane Society of the United States v. Gutierrez
Order 		Mar. 2, 2009
Davis v. HSBC Bank Nevada, N.A.
Order 		Mar. 2, 2009
Davis v. HSBC Bank Nevada N.A.
Substantial predominance of nationwide retailer not established when amount of corporate activity is due solely to California's larger population and size. 		Business Law Mar. 2, 2009
Watanabe v. California Physicians Service
Order 		Mar. 2, 2009
County of Santa Clara v. Superior Court (California First Amendment Coalition)
Federal prohibition on disclosure of protected confidential infrastructure information does not apply to basemap submitted by county. 		Government Mar. 2, 2009
DeWeaver v. Runnels
Defendant's request to return to jail during police interrogation was not invocation of right to remain silent. 		Criminal Law and Procedure Feb. 27, 2009
U.S. v. Banks
Trial court errs in triggering exception to marital communications privilege where minor victim was testifying spouse's grandchild. 		Criminal Law and Procedure Feb. 27, 2009
U.S. v. Nickerson
Counsel's admitted violation of professional conduct rule does not render her performance 'per se' ineffective. 		Criminal Law and Procedure Feb. 27, 2009
People v. Medina
Defendant's commitment under Sexually Violent Predator Act valid despite 'underground regulations.' 		Criminal Law and Procedure Feb. 27, 2009
Anschutz Entertainment Group Inc. v. Snepp
Order denying special motion to strike plaintiff's second complaint is improper. 		Civil Procedure Feb. 27, 2009
Episcopal Church Cases
Local parish that disaffiliates from Episcopal Church over doctrinal dispute does not have right to take church property with it. 		Real Property Feb. 27, 2009
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