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Name Category Published
People v. Caesar
Order 		Sep. 5, 2008
Rodriguez v. United States
Federal tort case is remanded for court to determine whether modification of fee award against government is necessary. 		Torts Sep. 5, 2008
Kingman Reef Atoll Investments v. United States
In action to quiet title to coral reef atoll, plaintiff fails to file complaint within 12-year limitations period. 		Real Property Sep. 5, 2008
Burkart v. Coleman (In re Tippett)
California's bona fide purchaser statute is not preempted by Bankruptcy Code where residence in bankruptcy estate is sold to good faith buyer. 		Bankruptcy Sep. 5, 2008
American Bankers Association v. Lockyer
Preempted applications of California Financial Information Privacy Act's affiliate-sharing provision must be severed from existing non-preempted applications. 		Business Law Sep. 5, 2008
Hoffman v. Construction Protective Services Inc.
Failure to disclose damage calculations under FRCP Rule 26 results in exclusion of evidence as sanction. 		Civil Procedure Sep. 5, 2008
Cox v. Del Papa
Court did not have duty to conduct sua sponte examination of defendant's 'Miranda' waiver when his competency to stand trial came into question. 		Criminal Law and Procedure Sep. 5, 2008
Paulino v. Harrison
State fails to meet its burden of production with respect to prosecutor's actual reasons for peremptory challenges. 		Criminal Law and Procedure Sep. 5, 2008
N.B. v. Hellgate Elementary School District
School district that does not evaluate minor for suspected autism fails to fulfill its procedural requirements under IDEA. 		Education Sep. 5, 2008
Rodriguez v. Smith
Bureau of Prisons' categorical exercise of discretion to temporally limit inmates' eligibility for community confinement violates 18 U.S.C. Section 3621(b). 		Criminal Law and Procedure Sep. 5, 2008
Schaffter v. Creative Capital Leasing Group
Commissions must be paid to real estate broker where investment company refused to close escrow solely due to insufficient appreciation of properties. 		Real Property Sep. 5, 2008
Masry v. Masry
Husband who executes revocation of trust and transfers assets to new trust without notifying wife complies with Probate Code. 		Probate and Trusts Sep. 5, 2008
People v. Castagne
Prop. 36 ineligibility finding is reversed where defendant is found to be sincere in her efforts to seek treatment. 		Criminal Law and Procedure Sep. 5, 2008
People v. Yates
Order 		Sep. 5, 2008
Cascade Health Solutions v. PeaceHealth
Order 		Sep. 5, 2008
Estate of Thottam
Chart created during mediation distributing assets among co-trustees is admissible in future litigation to enforce settlement agreement under confidentiality exception. 		Probate and Trusts Sep. 5, 2008
Zanelli v. McGrath
Common owners of dominant and servient tenements extinguish view easement by merger. 		Real Property Sep. 4, 2008
People v. Hernandez
Defendant convicted of oral copulation with person less than 16 years of age is not required to register as sex offender. 		Criminal Law and Procedure Sep. 4, 2008
Johanson v. Commissioner of Internal Revenue
Monthly payments that constitute alimony are taxable to payee spouse. 		Family Law Sep. 4, 2008
Omega S.A. v. Costco Wholesale Corp.
'First sale' doctrine is unavailable defense where items in dispute were manufactured outside United States. 		Intellectual Property Sep. 4, 2008
Villegas v. Gilroy Garlic Festival Association
City is not liable in civil rights action brought by motorcycle members excluded from Gilroy Garlic Festival for violating dress code. 		Civil Rights Sep. 4, 2008
Oscar v. Alaska Dept. of Education and Early Development
Dismissal without prejudice does not confer prevailing party status upon defendant for purposes of awarding attorney fees. 		Civil Procedure Sep. 4, 2008
Alanis-Alvarado v. Mukasey
Permanent resident is removable due to violation of protection order even if violence was not involved in conviction. 		Immigration Sep. 4, 2008
Padilla v. Pomona College
Employer is not liable under retained control doctrine where task of providing safe work environment was delegated to subcontractor. 		Torts Sep. 4, 2008
Dobos v. Voluntary Plan Administrators Inc.
County employee must satisfy six-month employment qualifying period to be eligible for disability payments. 		Employment Law Sep. 4, 2008
Jones v. P.S. Development Company Inc.
Defendants are not liable for injuries of airport security employee who tripped over explosive detection machine. 		Torts Sep. 4, 2008
People v. Warner
Trial court properly imposes punishment for firearm enhancement with longest prison term, then stays lesser term for personal use of firearm. 		Criminal Law and Procedure Sep. 4, 2008
McMillian v. Stroud
Where settlement was silent as to medical expenses, plaintiff is not allowed to reduce payment of Medi-Cal lien. 		Probate and Trusts Sep. 4, 2008
People v. Perez
Order 		Sep. 4, 2008
People v. Perez
Order 		Sep. 4, 2008
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