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Harvey v. The Landing Homeowners Association
Upon reasonable investigation and good faith, homeowners association board acted properly when it granted homeowners right to use common area for storage.
Real Property May 1, 2008
People v. Semien
Conviction is proper in case where defendant claims prosecutor excused prospective juror based on race.
Criminal Law and Procedure May 1, 2008
People v. Eddards
Penal Code Section 1203.1 does not authorize addition of 10 percent administration fee to restitution fund payment.
Criminal Law and Procedure May 1, 2008
Luce, Forward, Hamilton & Scripps v. Koch
Arbitrator need not disqualify himself where disclosure of information is not legally required.
Civil Procedure May 1, 2008
Stasz v. Gonzalez (In re Stasz)
Upon trustee's motion, court's order of civil contempt against debtor, issued in contested matter within main bankruptcy case, is final, appealable order.
Bankruptcy Apr. 30, 2008
Consolidated Management Group v. Dept. of Corporations
Federal law does not preempt California Dept. of Corporations' authority to issue desist order against company because partnerships were not 'covered securities.'
Corporations Apr. 30, 2008
Central Valley General Hospital v. Smith
Injured party retains right to treat repudiation of contract as anticipatory breach until repudiation is nullified.
Contracts Apr. 30, 2008
Frye v. Excelsior College (In re Frye)
Order
Apr. 30, 2008
Drummond v. Wiegand (In re Wiegand)
Bankruptcy Code Section 1325(b)(2), not Form 22C, controls issue of whether self-employed debtor can deduct business expenses from gross receipts.
Bankruptcy Apr. 30, 2008
Findley v. State Bar of California (In re Findley)
Attorney discipline cost awards are compensatory in nature and thus not excepted from discharge.
Bankruptcy Apr. 30, 2008
Woods v. Union Pacific Railroad Co.
Directed verdict for railroad is proper where its use of handholds in compliance with federal safety regulations undermines plaintiff's negligence claim.
Civil Procedure Apr. 30, 2008
Costco Wholesale Corp. v. Superior Court (Randall)
To prevent disclosure of redacted letter claimed to be protected, defendant had to show that release of letter would cause irreparable harm.
Civil Procedure Apr. 30, 2008
American Board of Cosmetic Surgery v. Medical Board of California
Medical Board of California does not abuse discretion by denying plaintiff's application for specialty approval to advertise in 'Cosmetic Surgery.'
Torts Apr. 30, 2008
Great West Contractors Inc. v. WSS Industrial Construction Inc.
Subcontractor is barred from bringing suit against general contractor because Construction Services Licensing Law requires subcontractor be licensed at all times.
Contracts Apr. 30, 2008
Korean Air Lines Co. v. County of Los Angeles
International air carrier has taxable possessory interest in federal inspection service area where its use of area is 'independent.'
Taxation Apr. 30, 2008
U.S. v. Stoterau
District court did not abuse discretion in sentencing defendant to 151-month term of imprisonment for transporting child pornography.
Criminal Law and Procedure Apr. 30, 2008
Gregory v. County of Maui
Police officers attempting to restrain individual did not use excessive force in violation of Fourth Amendment.
Criminal Law and Procedure Apr. 30, 2008
Choe v. Torres
Pursuant to extradition treaty, person is extraditable to Korea where Korean and American laws for charged offenses are directed to same evil.
Criminal Law and Procedure Apr. 30, 2008
U.S. v. Medina
District court properly dismisses indictment without prejudice after determining excessive pretrial delays violated Speedy Trial Act.
Criminal Law and Procedure Apr. 30, 2008
Negrete v. Allianz Life Insurance Co. of North America
Anti-Injunction Act precludes district court from enjoining insurance corporation's resolution of similar class action claims in any other court.
Civil Procedure Apr. 30, 2008
Costco Wholesale Corp. v. Superior Court (Randall)
To prevent disclosure of redacted letter claimed to be protected, defendant had to show that release of letter would cause irreparable harm.
Civil Procedure Apr. 30, 2008
State of California v. Hamby
School district employees who act in course of their employment and on school district’s behalf are not proper defendants under CFCA.
Government Apr. 29, 2008
Crawford v. Marion County Election Board
Statute that requires Indiana voters to present government-issued photo identification is constitutional because valid neutral justifications exist for statute.
Constitutional Law Apr. 29, 2008
U.S. v. ABC
Order
Apr. 29, 2008
Alali-Amin v. Mukasey
Immigration judge correctly concluded that petitioner's motion to reopen removal proceedings was untimely.
Immigration Apr. 29, 2008
U.S. v. De Oca
Defendant's prior conviction of first degree residential burglary is 'crime of violence' justifying sentencing enhancement.
Criminal Law and Procedure Apr. 29, 2008
Nationwide Transport Finance v. Cass Information Systems Inc.
Because UCC Section 9-406 applies to shippers, agent properly required company to enter into hold harmless agreement as condition of payment.
Business Law Apr. 29, 2008
U.S. v. Mara
District court may consider criminal activity unrelated to conviction offense in denying defendant sentence reduction for acceptance of responsibility.
Criminal Law and Procedure Apr. 29, 2008
Ortiz-Magana v. Mukasey
Conviction under Penal Code Section 245(a)(1) for being accomplice or principal both constitute ‘aggravated felonies’ for immigration purposes, subjecting petitioner to removal.
Immigration Apr. 29, 2008
People v. Lewis
Court vacates lying-in-wait special circumstance findings and reverses six kidnapping convictions of defendant who engaged in 1991 crime spree.
Criminal Law and Procedure Apr. 29, 2008