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Name Category Published
People v. Marroquin
Order
Sep. 3, 2008
People v. Macklin
Order
Sep. 3, 2008
People v. Macias
Order
Sep. 3, 2008
Action Apartment Association v. City of Santa Monica
'Nollan/Dollan' test in exaction cases does not apply to facial challenge to ordinance requiring developers to construct affordable housing.
Real Property Sep. 2, 2008
Antonio B., a Minor
Police lack probable cause to handcuff and search minor after arresting his friend for smoking marijuana.
Juveniles Sep. 2, 2008
Salinas v. Martin
Property owner owed duty of care to contractor's employee to remove dangerous dogs from his property.
Torts Sep. 2, 2008
Avila v. Continental Airlines Inc.
In California Family Rights Act case, plaintiff's submission of medical excuse forms to employer could constitute request for leave.
Employment Law Sep. 2, 2008
U.S. v. Becerril-Lopez
In illegal re-entry case, 16-level sentence enhancement is applied to defendant whose prior robbery conviction qualifies as 'crime of violence.'
Criminal Law and Procedure Sep. 2, 2008
U.S. v. Daniels
Lifetime term of supervised release does not restrict First Amendment rights of defendant who possessed child pornography.
Criminal Law and Procedure Sep. 2, 2008
City of Cloverdale v. Dept. of Transportation
Title to drainage channel is effectively relinquished to City where relinquishment statute includes disputed property and authorization is received.
Real Property Sep. 2, 2008
People v. Conerly
Order
Sep. 2, 2008
People v. Abercrombie
Order
Sep. 2, 2008
People v. Soria
Order
Sep. 2, 2008
David L. v. Superior Court (Orange County Social Services Agency)
Modification petition is not required when juvenile court sets new hearing to determine whether permanency of adoption is proper.
Juveniles Aug. 29, 2008
Nationwide Life Insurance Co. v. Richards
Where wife seeks murdered husband's life insurance proceeds, court properly draws adverse inference from her assertion of Fifth Amendment privilege.
Civil Procedure Aug. 29, 2008
U.S. v. Gamba
Defense counsel can make tactical decision to waive defendant's right to have Article III judge conduct closing argument without defendant's consent.
Criminal Law and Procedure Aug. 29, 2008
Barba v. Perez
Code of Civil Procedure Section 998 offer of settlement is deemed reasonable where offeror ultimately receives judgment exceeding offer.
Civil Procedure Aug. 29, 2008
People v. Lindberg
Expert witness testimony as to White supremacists' hatred of Jews is admissible to prove racial motivation behind murder of Vietnamese person.
Criminal Law and Procedure Aug. 29, 2008
People v. Cross
Pregnancy without medical complications resulting from sexual intercourse with minor stepdaughter is sufficient to support finding of great bodily injury.
Criminal Law and Procedure Aug. 29, 2008
City of Corona v. Naulls
Medical marijuana dispensary is deemed nuisance per se due to failure to comply with city's various procedural requirements.
Government Aug. 29, 2008
People v. Pearson
Defendant who conceals victim-witness and obtains partial acquittal is estopped from seeking refuge under jeopardy umbrella.
Criminal Law and Procedure Aug. 29, 2008
Conner v. State Bar
State Bar Court recommends disbarment where attorney intended to permanently convert entrusted funds and displayed lack of candor to State Bar.
Attorneys Aug. 29, 2008
Hollister v. Monterey Insurance Co.
Amended judgment may be modified to reflect trial court's intentions and avoid mootness.
Insurance Aug. 29, 2008
Estate of Clementi
Decedent who was not California resident when instrument was executed may make donative transfer to drafter of will.
Probate and Trusts Aug. 29, 2008
People v. Salcido
Defendant convicted of six counts of murder may not challenge validity of his seizure in Mexico.
Criminal Law and Procedure Aug. 29, 2008
Estate of Heath
Decedent's niece may not be appointed administrator of estate by virtue of assignment of interest by her beneficiary mother residing in Germany.
Probate and Trusts Aug. 29, 2008
People v. Morris
Certified rap sheet is nontestimonial evidence and deemed public record exception to hearsay rule.
Criminal Law and Procedure Aug. 29, 2008
Marriage of Bardzik
Parent seeking to modify child support order bears burden of proving other parent's ability and opportunity to earn imputed income.
Family Law Aug. 28, 2008
Local Joint Executive Board of Las Vegas v. NLRB
Union dues-checkoff provision falls within 'Katz' unilateral change doctrine, requiring waiver.
Contracts Aug. 28, 2008
Kreutzer v. City and County of San Francisco
Physician classified as exempt from civil service is not entitled to civil service protections following release, even if duties apparently negate exemption.
Government Aug. 28, 2008