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Name Category Published
Murphy v. Murphy
Where issues of fraud and undue influence are adjudicated by substituted judgment, action raising identical issues is barred by collateral estoppel. 		Probate and Trusts Jul. 24, 2008
P.C., a Minor
Child custody case is remanded to determine whether legally sufficient grounds independent of poverty exist to terminate parental rights. 		Family Law Jul. 24, 2008
U.S. v. Jimenez
Two prior convictions for drug trafficking offenses warrant 16-level enhancement. 		Criminal Law and Procedure Jul. 24, 2008
Singh v. Mukasey
Criminal alien who files more than 30 days after enactment of REAL ID Act is not eligible for judicial review of removal order. 		Immigration Jul. 24, 2008
Cox v. Ocean View Hotel Corp.
Grant of partial summary judgment in favor of plaintiff is reversed where he fails to properly initiate arbitration under terms of agreement. 		Civil Procedure Jul. 24, 2008
Stone Street Capital v. California State Lottery Commission
UCC does not invalidate California State Lottery Act's restrictions on assignment of lottery winnings. 		Gaming Jul. 24, 2008
People v. Perez
Occasional care meets 'care and custody' requirement of Penal Code Section 273a(b). 		Criminal Law and Procedure Jul. 23, 2008
U.S. v. Caseres
Warrantless automobile search without spatial or temporal proximity to arrest is not valid search incident to arrest. 		Criminal Law and Procedure Jul. 23, 2008
Smith v. Selma Community Hospital
Hospital's governing board may not rely on results of peer review proceedings at other hospitals due to errors on questions of law. 		Civil Procedure Jul. 23, 2008
People v. Moseley
Concurrent sentence for maintaining place for sale is upheld where charge of possession of methamphetamine for sale arises from independent criminal objective. 		Criminal Law and Procedure Jul. 23, 2008
Peterson v. Cellco Partnership
Demurrer to UCL claim is properly sustained where plaintiffs failed to demonstrate actual economic injury. 		Business Law Jul. 23, 2008
In re Lugo
Court improperly limits Board of Parole Hearings' inherent discretion by requiring it to state 'significant change' justifying multi-year denials. 		Criminal Law and Procedure Jul. 23, 2008
Urban Habitat Program v. City of Pleasanton
Statute of limitations does not bar claims against city where violation of state housing law due to conflicting city ordinances is alleged. 		Real Property Jul. 23, 2008
Lopez v. Imperial County Sheriff's Office
Administrative agency's tie votes on termination of employees results in failure to act, and another vote is proper. 		Administrative Agencies Jul. 23, 2008
Houston v. Schomig
Evidentiary hearing is necessary to determine whether attorney's prior representation of prosecution's star witness violated defendant's right to conflict-free counsel. 		Criminal Law and Procedure Jul. 23, 2008
California Dept. of Water Resources v. Powerex Corp.
Canadian corporation is entitled to federal bench trial where it falls within definition of 'foreign state.' 		Civil Procedure Jul. 23, 2008
U.S. v. Miranda-Lopez
Aggravated identity theft requires proof that defendant knew means of identification belonged to another person. 		Criminal Law and Procedure Jul. 23, 2008
Estate of Bonanno
Decedent's estranged wife is estopped from asserting rights to have property pass without administration where decedent's daughter was administrator for years. 		Probate and Trusts Jul. 23, 2008
Brinker Restaurant Corp. v. Superior Court (Hohnbaum)
Court that fails to consider elements of plaintiffs' claims in determining susceptibility to class treatment must vacate order granting class certification. 		Civil Procedure Jul. 23, 2008
Siena Court Homeowners Association v. Green Valley Corp.
Party whose joint use and maintenance agreement would only confuse and enlarge issues is properly denied intervention in construction defect action. 		Civil Procedure Jul. 22, 2008
Brown v. Farwell
Defendant is granted petition for writ of habeas corpus due to inaccurate DNA evidence and violations of due process. 		Criminal Law and Procedure Jul. 22, 2008
Crawford v. Weather Shield Mfg. Inc.
Subcontractor must defend project's developer-builder in construction defect lawsuit regardless of subcontractor's actual negligence. 		Contracts Jul. 22, 2008
Simmons v. Ghaderi
In wrongful death case, mediation confidentiality statutes apply to prevent introduction of evidence of oral agreement. 		Civil Procedure Jul. 22, 2008
People v. Monjaras
Firearm use enhancement in robbery case is proper where jury may infer from defendant's conduct that pistol used was real, loaded firearm. 		Criminal Law and Procedure Jul. 22, 2008
Chen v. Interinsurance Exchange of the Automobile Club
Where settlement offer attempts disposal of claims beyond those at issue, defendant cannot recover postoffer costs after plaintiff wins less favorable judgment. 		Insurance Jul. 22, 2008
Bandana Trading Co. Inc. v. Quality Infusion Care Inc.
Juror’s applause is not prejudicial misconduct where deliberations were not impacted. 		Civil Procedure Jul. 22, 2008
Garcia v. Paramount Citrus Association Inc.
Landowner owes no duty to plaintiff injured in intersection collision near groves. 		Torts Jul. 22, 2008
U.S. v. Gonzalez
Hearsay statements are properly admitted to show police officer's pattern of sexually assaulting and battering women under color of state law. 		Criminal Law and Procedure Jul. 21, 2008
Kassir v. Zahabi
Where property was overencumbered and owner would receive nothing under purchase agreement, no offset of future interest is required. 		Real Property Jul. 21, 2008
People v. Turk
Trial court does not err in failing to instruct jury sua sponte regarding involuntary manslaughter stemming from voluntary intoxication. 		Criminal Law and Procedure Jul. 21, 2008
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