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Name Category Published
Golden Rain Foundation v. Franz
Nonprofit corporation created for purpose of managing common interest development is 'association' subject to Davis-Stirling Act.
Corporations Jun. 12, 2008
Girardi on Discipline
Order
Jun. 12, 2008
Derek Andrew Inc. v. Poof Apparel Corp.
Plaintiff is precluded from recovering statutory damages for post-registration distributions of garments bearing infringing detail.
Intellectual Property Jun. 12, 2008
Breen v. City of San Diego
Order
Jun. 12, 2008
Golden v. CH2M Hill Hanford Group Inc.
Claims for emotional distress brought under Price-Anderson Act survive where plaintiff suffers distinct fears arising from exposure to nonradioactive materials.
Environmental Law Jun. 12, 2008
Simpson v. Thomas
District court erred in admitting impeachment evidence of defendant's three prior felony convictions.
Criminal Law and Procedure Jun. 12, 2008
People v. Ross
Arrestee who lies to booking officer by denying possession of knife 'voluntarily' enters jail with weapon, violating Penal Code Section 4574(a).
Criminal Law and Procedure Jun. 12, 2008
Barnes-Wallace v. City of San Diego
Order
Jun. 12, 2008
People v. Carrasco
Where defendant enters sheriff's station, reaches into bag with gasoline in it, and holds lighter in hand, attempted arson conviction is upheld
Criminal Law and Procedure Jun. 11, 2008
Fry v. Pro-Line Boats Inc.
Substantial evidence supports jury finding that manufacturer successfully repaired plaintiff's boat to conform to express and implied warranties.
Contracts Jun. 11, 2008
Biagini v. Beckham
Where use of property is consistent with private easement, there is no basis for implied acceptance of offer of dedication by public use.
Real Property Jun. 11, 2008
Butler v. Curry
Where victim is hit on back of head, court finds jury will doubtfully find aggravating factor of victim's vulnerability for sentencing purposes.
Criminal Law and Procedure Jun. 11, 2008
California Golf v. Cooper
Bidder may not use defense of election of remedies against foreclosing beneficiary where judgment of judicial foreclosure was previously obtained.
Real Property Jun. 11, 2008
Bouton v. USAA Casualty Insurance Co.
Issue of claimant's coverage under uninsured motorist provision is not subject to arbitration under Insurance Code.
Insurance Jun. 11, 2008
Lorenzo L., a Minor
Where minor's electronic monitoring was not physical confinement, he is not entitled to predispositional credit against his subsequent confinement.
Juveniles Jun. 11, 2008
People v. Carrillo
Prosecution's refusal to procure special immigration visas for two exculpatory witnesses in Mexico does not violate defendant's constitutional rights.
Criminal Law and Procedure Jun. 11, 2008
Uybungco v. Superior Court (San Diego Police Dept.)
Trial court erred in denying petitioner's motion for discovery of personnel files of police officers involved in his arrest on misdemeanor charges.
Criminal Law and Procedure Jun. 11, 2008
Charles A. Pratt Construction Co. Inc. v. California Coastal Commission
California Coastal Commission has appellate jurisdiction to decide whether development permit granted by local government complies with Local Coastal Plan.
Administrative Agencies Jun. 11, 2008
People v. Ramos
Where jury instructions are deemed adequate, defendant's conviction of second degree murder is affirmed.
Criminal Law and Procedure Jun. 11, 2008
Liberty Mutual Fire Insurance Co. v. LcL Administrators Inc.
Trial court properly grants terminating sanctions after defendant willfully fails to comply with discovery by giving evasive and worthless responses.
Civil Procedure Jun. 11, 2008
People v. Manchel
Defendant fails to show that mandatory sex offender registration for his offense denies him equal protection.
Criminal Law and Procedure Jun. 11, 2008
Franco v. Dow Chemical Co.
Order
Jun. 11, 2008
Penuliar v. Mukasey
Evading officer in violation of California Vehicle Code is not categorically 'crime of violence' under 8 U.S.C. Section 1101.
Immigration Jun. 11, 2008
Byrd v. Lewis
Order
Jun. 11, 2008
People v. Coulter
In accepting guilty plea, trial court may put issue of factual basis for plea over to sentencing hearing.
Criminal Law and Procedure Jun. 11, 2008
People v. Zarazua
Enhancements upheld after defendants challenge sufficiency of causal connection between shooting and death of three-year-old accident victim.
Criminal Law and Procedure Jun. 11, 2008
People v. Bordelon
Defendant argues that jury instruction deprived him of right to present defense that he took money in hopes of being incarcerated.
Criminal Law and Procedure Jun. 11, 2008
The TJX Companies Inc. v. Superior Court (Caldwell)
Actions under Song-Beverly Act of 1971 Section 1747.08 are barred by one-year statute of limitations and do not cover merchandise returns.
Business Law Jun. 10, 2008
Allison Engine Co. Inc. v. United States
Under False Claims Act, plaintiff must prove defendant intended that false statement be material to Government's decision to pay false claim.
Government Jun. 10, 2008
Quanta Computer Inc. v. LG Electronics Inc.
Patent exhaustion doctrine provides that patented item's initial authorized sale terminates all patent rights to that item.
Contracts Jun. 10, 2008