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Name Category Published
In re Singler
Denial of parole must be overturned when significant time passes from commission of crime and there is evidence of inmate’s rehabilitation. 		Criminal Law and Procedure Apr. 17, 2008
People v. Dobson
Court is not required to independently review record in appeal from denial of outpatient status pursuant to petition for restoration of competency. 		Criminal Law and Procedure Apr. 17, 2008
Foster v. U.S.
'Detention of goods' exception to Federal Torts Claims Act applies where government seizes property for purposes of criminal investigation, not forfeiture. 		Torts Apr. 17, 2008
Saffon v. Wells Fargo & Co. Long Term Disability Plan
Where long-term disability plan is administered and funded by same entity, court must discount deference accorded to administrator’s decision to deny benefits. 		Employment Law Apr. 17, 2008
Barclay v. Mackenzie (In re AFI Holding Inc.)
Good faith exception is not barred as matter of law because investor's right to rescission and restitution counted as 'reasonably equivalent value.' 		Bankruptcy Apr. 17, 2008
Estate of McDaniel
Since marital property rights terminated during marriage dissolution proceeding, decedent’s former wife is not 'surviving spouse’ and cannot inherit from decedent’s estate. 		Probate and Trusts Apr. 17, 2008
U.S. v. Espinoza
Defendant is properly ordered removed under aggravated felony enhancement based on conviction of cultivating marijuana. 		Criminal Law and Procedure Apr. 16, 2008
Sutter's Place v. Superior Court (City of San Jose)
Proposition 59 does not change fundamental legal principle that precludes judicial inquiry into legislators' subjective motives or mental processes for passing laws. 		Constitutional Law Apr. 16, 2008
United States v. Clintwood Elkhorn Mining Co.
Taxpayers seeking refund for tax assessed in violation of Export Clause must file timely administrative refund claim before filing action against Government. 		Taxation Apr. 16, 2008
Meadwestvaco Corp. v. Illinois Dept. of Revenue
State court misinterprets principles developed for determining whether multistate business is unitary. 		Taxation Apr. 16, 2008
Warner Brothers International Television Distribution v. Golden Channels & Co.
No implied agreement to modify contract exists where parties did not make written modifications to contract terms. 		Contracts Apr. 16, 2008
U.S. v. Grissom
When calculating defendant's base offense level, courts must consider drug amounts from charges that are dismissed due to defendant's plea agreement. 		Criminal Law and Procedure Apr. 16, 2008
Long Beach Area Peace Network v. City of Long Beach
City ordinance's insurance requirement for event permit applicants is constitutional where valid alternative exists. 		Constitutional Law Apr. 16, 2008
Platt Electrical Supply Inc. v. EOFF Electrical Inc.
District court properly dismisses plaintiff's negligent misrepresentation and fraudulent concealment claims as barred by California statute of limitations. 		Civil Procedure Apr. 16, 2008
U.S. v. Espinosa
Order 		Apr. 16, 2008
People v. Bragg
Attempted murder convictions of two Crip members support enhancement for predicate offenses committed for benefit of criminal street gang. 		Criminal Law and Procedure Apr. 16, 2008
In re Viray
No evidence supports Governor's conclusion that rehabilitated prisoner who stabbed man on dance floor 24 years ago is unsuitable for parole. 		Criminal Law and Procedure Apr. 16, 2008
St. Vincent's School for Boys v. City of San Rafael
Due to statutory purpose of cost-containment, prevailing party in CEQA action may recover costs for preparation, even though other party prepared record. 		Civil Procedure Apr. 16, 2008
Martinelli v. Interntational House USA
Alleged defamatory communication is not considered 'published' where it is sent to general fax machine in plaintiff's office. 		Torts Apr. 15, 2008
Best Interiors Inc. v. Millie and Severson Inc.
Court can exercise discretion under Code of Civil Procedure Section 1281.2 when California law applies instead of Federal Arbitration Act. 		Civil Procedure Apr. 15, 2008
Cerna v. City of Oakland
City and school district are not liable for negligence where motorist strikes six pedestrians in marked crosswalk 50 feet from school. 		Torts Apr. 15, 2008
People v. Mendez
Where defendant complained of adequacy of appointed counsel, prejudicial error necessitates 'Marsden' hearing on remand. 		Criminal Law and Procedure Apr. 15, 2008
Metro Life Ins. Co. v. Glenn
Order 		Apr. 15, 2008
Meacham v. Knolls Atomic Power Lab., et al.
Order 		Apr. 15, 2008
Engquist v. OR Dept. of Agric.
Order 		Apr. 15, 2008
U.S. v. Sun
Court abuses discretion in applying 'vulnerable victim' enhancement to defendant's sentence based solely on remote location of attack. 		Criminal Law and Procedure Apr. 15, 2008
U.S. v. Perdomo-Espana
Court denies requested jury instruction on necessity defense after analyzing diabetic alien's need for medical attention under objective framework. 		Criminal Law and Procedure Apr. 15, 2008
Munson v. Del Taco Inc.
Order 		Apr. 15, 2008
People v. Valencia
Defendant's death sentence is affirmed where evidence is sufficient to support his conviction of first degree murder. 		Criminal Law and Procedure Apr. 15, 2008
Pruitt v. United States
Order 		Apr. 15, 2008
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