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Name Category Published
Agri-Systems Inc. v. Foster Poultry Farms
Arbitrator is not required to disclose representation of third party where reasonable person would not doubt arbitrator’s impartiality.
Civil Procedure Dec. 3, 2008
Burke v. California Coastal Commission
California Coastal Commission has no jurisdiction to require permit for fence that sets boundary between public and private land.
Real Property Dec. 3, 2008
Ekstrom v. Marquesa at Monarch Beach Homeowners Association
'Judicial deference rule' does not apply where community association board's decision was outside of its scope of authority.
Real Property Dec. 3, 2008
Hedgpeth v. Pulido
Harmless error review deemed more appropriate where Court of Appeals made finding of structural error.
Criminal Law and Procedure Dec. 3, 2008
People v. Madrid
Although community caretaking exception could apply to vehicle stops, detention is not justified where officer believed passenger was ill.
Criminal Law and Procedure Dec. 2, 2008
People v. Morales
Conviction of shooting at inhabited dwelling cannot stand where shots were fired into house from inside attached garage.
Criminal Law and Procedure Dec. 2, 2008
People v. Hughston
Warrantless search of vehicle located within tent structure violates Fourth Amendment.
Criminal Law and Procedure Dec. 2, 2008
U.S. v.Denedo
Order
Dec. 2, 2008
Nken v. Mukasey
Order
Dec. 2, 2008
Ministry of Defense of Iran v. Elahi
Order
Dec. 2, 2008
McClung v. City of Sumner
City ordinance mandating 12-inch storm drain pipes does not amount to unconstitutional taking.
Constitutional Law Dec. 2, 2008
Aguilera-Montero v. Mukasey
State pardon does not entitle inadmissible alien--convicted of crime related to controlled substance--to waiver of deportability.
Immigration Dec. 2, 2008
Dietrich v. John Ascuaga's Nugget
Group's exclusion from public sidewalk for petition signature-gathering violates First Amendment.
Constitutional Law Dec. 2, 2008
U.S. v. Murillo
Order
Dec. 2, 2008
People v. Rubin
Sale of marijuana by minister is not protected by Religious Freedom Restoration Act.
Criminal Law and Procedure Dec. 2, 2008
Glazer Capital Management v. Magistri
Theory of ‘collective scienter’ does not apply to show company is responsible for statements made in merger agreement.
Corporations Dec. 1, 2008
U.S. v. Weyhrauch
Federal honest services mail fraud prosecution does not require proof of simultaneous violation of state law.
Criminal Law and Procedure Dec. 1, 2008
People v. Rodriguez
Trial court properly declines to instruct jury as matter of law that codefendants in murder case were accomplices.
Criminal Law and Procedure Dec. 1, 2008
Schaffer v. City and County of San Francisco
Grant of anti-SLAPP motion to strike is proper where statements were made in connection to issues considered by district attorney.
Civil Procedure Dec. 1, 2008
Paiva v. Nichols
Motions to strike are improperly denied where defendants were granted preliminary injunction in their prior suit for trespass.
Civil Procedure Dec. 1, 2008
Wade v. Schrader
Application of settlement credit is not modification of arbitration award.
Civil Procedure Dec. 1, 2008
Sarti v. Salt Creek Ltd.
JNOV in favor of restaurant in food poisoning case is reversed where reasonable jury could infer cross-contamination.
Torts Nov. 28, 2008
U.S. v. Blixt
Employee who forges manager's signature on checks for personal gain is guilty of aggravated identity theft.
Criminal Law and Procedure Nov. 28, 2008
People v. Kimbell
Where verdict is incomplete without trial on priors, court has power to reconvene jury that never left jury box.
Criminal Law and Procedure Nov. 28, 2008
In re Cannon
Regulation requiring prisons to serve two hot meals per day is satisfied where food is served as soon as possible after heating.
Prisoners Rights Nov. 28, 2008
Vondjidis v. Hewlett Packard Corp.
Summary judgment is improperly granted to employer who transfered former employee's unclaimed shares to state.
Civil Procedure Nov. 28, 2008
Brown v. Wells Fargo Bank NA
Trial court's failure to adjudicate plaintiffs' constructive fraud defense to motion to compel arbitration is improper.
Contracts Nov. 28, 2008
Turner v. Association of American Medical Colleges
California's Unruh Civil Rights Act does not require testing accommodations for learning and reading-related disabilities.
Civil Rights Nov. 28, 2008
People v. Morelos
Possession of multiple blank checks is deemed single act of forgery, resulting in reversal of sentences for all but one count.
Criminal Law and Procedure Nov. 26, 2008
Spencer v. Marshall
Sale of home involving equity purchaser is subject to protections of Home Equity Sales Contract Act.
Real Property Nov. 26, 2008