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Name Category Published
Edwards v. Arthur Andersen LLP
Noncompetition agreement is deemed void where it restricted tax accountant from engaging in lawful business.
Contracts Aug. 8, 2008
Baychester Shopping Center Inc. v. San Francisco Residential Rent Stabilization and Arbitration Board (Fingerhut)
Successor in interest is liable for violations of rent ordinance where former landlord unlawfully increased tenant's rent.
Real Property Aug. 7, 2008
Southwest Marine Inc. v. United States
Defendant’s fees from private party Clean Water Act lawsuit are unallowable costs where they are similar to costs barred by Federal Acquisition Regulation.
Environmental Law Aug. 7, 2008
Garcia-Aguilar v. District Court (United States)
Government cannot fix charging error by bringing superseding indictment and voiding defendants' unconditional guilty pleas.
Criminal Law and Procedure Aug. 7, 2008
United States v. Flores-Villar
Imposition of five-year residence requirement on citizen father for purposes of transmitting citizenship to child born out of wedlock is constitutional.
Constitutional Law Aug. 7, 2008
McMillan v. Shadow Ridge At Oak Park Homeowner's Association
Defense counsel may not be disqualified where he properly treated pro se plaintiff as attorney of record.
Attorneys Aug. 6, 2008
People v. Dallas
Where defendant lived with abused infant, prior acts of domestic violence are admissible under Evidence Code Section 1109.
Criminal Law and Procedure Aug. 6, 2008
Melbostad v. Fisher
Notice of appeal must be filed 60 days after court grants defendant's motion to strike and dismisses entire complaint with prejudice.
Civil Procedure Aug. 6, 2008
Anglo Irish Bank Corp. v. Superior Court (Brar)
Foreign corporation is subject to specific personal jurisdiction where employees solicited investors in California regardless of alter ego requirements.
Civil Procedure Aug. 6, 2008
State of California ex rel. Dept. of Pesticide Regulation v. Pet Food Express Limited
Pet store chain ordered to comply with administrative subpoena fails to establish grounds for reversal based on statute of limitations.
Administrative Agencies Aug. 5, 2008
People v. Manning
Evidence of defendant's prior sexual offense against female co-worker is admissible in trial for battery on institutionalized victim.
Criminal Law and Procedure Aug. 5, 2008
In re Establishment of The Eureka Reporter
Free newspaper is not 'newspaper of general circulation' under Government Code Section 6000 where readers contribute money to offset home delivery costs.
Government Aug. 5, 2008
Mendez v. Knowles
District court properly excuses defendant's late filing based on excusable neglect.
Criminal Law and Procedure Aug. 5, 2008
U.S. v. Ruff
District court commits no procedural error and imposes substantively reasonable below-guideline sentence in health care fraud and embezzlement case.
Criminal Law and Procedure Aug. 5, 2008
Jaffe v. Pacelli
Judgment creditor is entitled to attorney fees and costs incurred in bankruptcy proceedings to enforce judgment.
Attorneys Aug. 5, 2008
Merrill Lynch, Pierce, Fenner and Smith Inc. v. ENC Corp.
Order
Aug. 5, 2008
Estate of Molino
Heir hunter assignments are not valid where they are deemed void as against public policy.
Probate and Trusts Aug. 5, 2008
Jogani v. Superior Court of Los Angeles County (Jogani)
Right to jury trial is determined where quantum meruit is deemed action at law as form of common law action of assumpsit.
Civil Procedure Aug. 5, 2008
Aguilera v. Alaska Juris F/V, O.N. 569276
Employer acts properly by withholding portions of maintenance and cure payments from seaman due to child support obligations under state law.
Maritime Law Aug. 5, 2008
Green v. LaMarque
Defendant is entitled to new trial where prosecutor used peremptory challenges to exclude all six African-Americans on jury panel.
Criminal Law and Procedure Aug. 5, 2008
People v. Segura
Court may not modify material term of plea agreement granting probation without both parties' consent.
Criminal Law and Procedure Aug. 5, 2008
Ramirez v. Nelson
Court concludes that Penal Code Section 385(b) does not give rise to negligence per se where worker's own negligent act violated statute.
Torts Aug. 5, 2008
Mamou v. Trendwest Resorts Inc.
Summary judgment is improper where triable issues exist as to whether immediate or remote supervisors dismissed employee based on discriminatory motives.
Employment Law Aug. 4, 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. 4, 2008
Marriage of Ramirez
Wife is entitled to judgment of annulment where husband intended to be unfaithful at time of marriage.
Family Law Aug. 4, 2008
Zhu v. Mukasey
In asylum case, petition for review is granted where immigration judge did not assert proper basis for adverse credibility finding.
Immigration Aug. 4, 2008
People v. Phomphakdy
Defendant is prejudiced by application of unconstitutional provision in Medical Marijuana Program Act.
Criminal Law and Procedure Aug. 4, 2008
People v. Weeks
Although court improperly disallows defendant from proceeding in propria persona, error does not require reversal.
Criminal Law and Procedure Aug. 4, 2008
Haworth v. Superior Court (Ossakow)
Public censure for disparaging women on account of their physical attributes casts doubt on arbitrator's impartiality in cosmetic surgeon's malpractice case.
Judges Aug. 4, 2008
Skoumbas v. Orinda
Triable issues as to whether City acted reasonably in its maintenance of drainage system preclude grant of summary judgment in its favor.
Real Property Aug. 4, 2008