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Name Category Published
People v. Punch
Order
May 23, 2008
Daniels on Habeas Corpus
Order
May 23, 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 May 23, 2008
Sandoval-Luna v. Mukasey
Petitioner's due process and equal protection arguments fail to overturn immigration judge's denial of continuance in removal case.
Immigration May 23, 2008
Edgerly v. City and County of San francisco
Order
May 23, 2008
Mandujano-Real v. Mukasey
Conviction for identity theft under Oregon Revised Statute is not aggravated felony theft offense for purposes of removability.
Immigration May 23, 2008
Ebbetts Pass Forest Watch v. California Dept. of Forestry and Fire Protection (Sierra Pacific Industries)
California Dept. of Forestry and Fire Protection does not violate technical rule in approving selection of biological cumulative-impacts assessment areas.
Environmental Law May 23, 2008
People v. Richardson
Defendant's death sentence is affirmed after jury convicts him of felony murder.
Criminal Law and Procedure May 23, 2008
Richardson v. Superior Court (People)
Denial of petitioner's motion for DNA testing is warranted where other evidence of guilt exists and further tests would not change outcome.
Criminal Law and Procedure May 23, 2008
People v. Golde
Defendant's conviction for assault with deadly weapon is maintained where witnesses provide substantial evidence of defendant driving toward victim.
Criminal Law and Procedure May 23, 2008
Guardado v. Superior Court (Mariposa Gardens)
Judge does not err in accepting petitioner's peremptory challenge deemed to be timely and proper.
Civil Procedure May 23, 2008
Myerchin v. Family Benefits Inc.
Defendant is entitled to rely upon settlement agreement as basis for summary judgment.
Contracts May 22, 2008
Postal Instant Press Inc. v. Kaswa Corp.
Court rejects doctrine of 'outside' reverse piercing of the corporate veil as illogical extension of standard alter ego doctrine.
Corporations May 22, 2008
Devonwood Condominium Owners Association v. Farmers Insurance Exchange
Lower court judgment must be vacated where it does not conform to appraisal award upon which it is based.
Insurance May 22, 2008
U.S. v. Vasquez-Landaver
Evidence on duress defense is precluded where defendant fails to show he illegally crossed border under threat of immediate harm.
Criminal Law and Procedure May 22, 2008
United States v. Manning
Atomic Energy Act preempts Cleanup Priority Act passed by Washington voters to regulate radioactive component of mixed waste.
Constitutional Law May 22, 2008
Witt v. Dept. of the Air Force
Case is remanded for constitutional analysis where member of armed forces is discharged under 'Don't Ask, Don't Tell' policy.
Constitutional Law May 22, 2008
Walter P., a Minor
Minor's probation conditions are stricken where statute does not authorize any type of confinement.
Juveniles May 22, 2008
Santillan v. Roman Catholic Bishop of Fresno
Summary judgment is overturned where triable issues exist as to whether parish housekeeper is agent under duty to disclose suspicions of sexual abuse.
Civil Procedure May 22, 2008
Katosh v. Sonoma County Employees' Retirement Association
'Regular compensation' under Government Code includes compensation received for sick leave and vacation when taken by employee as time off.
Employment Law May 22, 2008
People v. Uribe
Prosecution's nondisclosure of video taken during medical examination of victim constitutes prejudicial 'Brady' error.
Criminal Law and Procedure May 21, 2008
SC Manufactured Homes Inc. v. Liebert
Plaintiff fails to show that mobile park and numerous dealers were involved in illegal tying arrangement.
Torts May 21, 2008
United States v. Carpenter
Approval of settlement must be vacated where district court disregards mandate allowing intervenors to participate in settlement review proceedings.
Civil Procedure May 21, 2008
Duarte v. Bardales
District court abused its discretion by denying plaintiff's motion to alter or amend judgment.
Civil Procedure May 21, 2008
Washington State Nurses Association v. NLRB
Where buttons worn by nurses do not disturb patients, 'special circumstances' exception justifying unfair labor practices is not satisfied.
Labor Law May 21, 2008
Opinion of Brown
Names of officers involved in critical incident must be disclosed unless public interest is better served by nondisclosure.
Government May 21, 2008
People v. Wardell
Felony false imprisonment conviction and firearm enhancement are maintained where defendant holds gun pointed to floor while following victim.
Criminal Law and Procedure May 21, 2008
Devonwood Condominium Owners Association v. Farmers Insurance Condominium Owners Association
Lower court judgment must be vacated where it does not conform to appraisal award upon which it is based.
Insurance May 21, 2008
Adair v. Stockton Unified School District
Stockton's compressed salary schedule allowing teachers to obtain merit increases more quickly violates Education Code's uniformity requirement.
Education May 20, 2008
Monticello Insurance Co. v. Essex Insurance Co.
Insurance company owes no duty to defend general contractor where subcontractor's policy does not cover homeowners' claims against additional insured.
Insurance May 20, 2008