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Name Category Published
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 Mar. 28, 2008
California Logistics Inc. v. State of California
Under 'pay first, litigate later' rule, company must pay assessment before litigating validity of tax assessment, despite raising collateral estoppel issue.
Taxation Mar. 27, 2008
Palm Medical Group Inc. v. State Compensation Insurance Fund
Nonprofit workers' compensation insurer owes occupational clinic duty of fair procedure in acting on its preferred provider network application.
Civil Procedure Mar. 27, 2008
Los Angeles County Dependency Attorneys Inc. v. Dept. of General Services (Krekorian)
Public Code Section 10295 does not apply to contracts entered by judicial branch of state government.
Contracts Mar. 27, 2008
In re Bush
Prisoner serving indeterminate life sentence is not entitled to discharge from parole based on time served in excess of base term.
Criminal Law and Procedure Mar. 27, 2008
Travis v. Board of Trustees of the California State University
Former chancellor's fitness to return from lengthy leave of absence is proper topic for closed session under Bagley-Keene Open Meeting Act.
Government Mar. 27, 2008
N.M, a Minor
Juvenile court gives appropriate notice and complies with Indian Child and Welfare Act in terminating parental rights.
Family Law Mar. 27, 2008
H.B., a Minor
Juvenile court's failure to inquire into dependent child's ancestry is harmless absent mother's affirmative representation that child may have Indian heritage.
Family Law Mar. 27, 2008
People v. Lee
Upon 'Romero' motion, sentencing court is under no duty to gather evidence regarding defendant's background when defendant did not provide such evidence.
Criminal Law and Procedure Mar. 27, 2008
Progressive Casualty Insurance Co. v. Owen
Insurer is entitled to summary judgment absent evidence that injured director was driving truck as temporary substitute for vehicle named in policy.
Insurance Mar. 27, 2008
Garcia v. Paramount Citrus Association Inc.
Landowner does not owe duty of care to injured plaintiff when burden imposed is high and road is not open to public.
Torts Mar. 27, 2008
Card v. City of Everett
City of Everett's display of Ten Commandments monument does not violate Establishment Clauses of United States or Washington Constitutions.
Constitutional Law Mar. 27, 2008
Plumas County Child Support Services v. Rodriquez
Court properly dismisses child support complaint where mother did not have support agreement with brother who took in her son.
Family Law Mar. 27, 2008
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 Mar. 27, 2008
Simpson v. AOL Time Warner Inc.
Order
Mar. 27, 2008
State Water Resources Control Board Cases
Private party who succeeded alongside public entity cannot be denied fees simply because success might have been achieved by public entity acting alone.
Civil Procedure Mar. 27, 2008
Adaimy v.Ruhl
Service to one of appellant's attorneys is sufficient to begin period for filing notice of appeal from order denying appellant’s motion.
Civil Procedure Mar. 26, 2008
In re Burdan
Habeas petition is granted where Governor's reversal of petitioner's grant of parole is not supported by record.
Criminal Law and Procedure Mar. 26, 2008
People v. Tatum
District Attorney's inexcusable delay in filing petition violates mentally disordered offender's due process rights by extending his commitment beyond release date.
Criminal Law and Procedure Mar. 26, 2008
People v. Keil
Court properly ordered guns to be confiscated by police where appellant was psychiatrically detained and would not possess guns in safe manner.
Criminal Law and Procedure Mar. 26, 2008
People v. Abercrombie
Imposition of upper term sentence does not violate convicted child molestor's Sixth Amendment rights under 'Cunningham v. California.'
Criminal Law and Procedure Mar. 26, 2008
Luckett v. Panos
Under Code of Civil Procedure Section 533, vexatious litigant must show change of circumstances to lift order that prevents litigant from filing.
Civil Procedure Mar. 26, 2008
Whaley v. Belleque
Judicial estoppel bars state from taking different legal positions in state and federal court in order to create procedural default.
Criminal Law and Procedure Mar. 26, 2008
Pierce v. County of Orange
When court orders relief relating to prison conditions, such relief shall continue if it is necessary to correct ongoing violation of right.
Prisoners Rights Mar. 26, 2008
Foulon v. Klayman & Toskes PA
Order
Mar. 26, 2008
People v. Miranda
Corpus delicti rule permits enhanced penalty for transportation of controlled substance between noncontiguous counties to be proved by defendant's statements alone.
Criminal Law and Procedure Mar. 26, 2008
Medellin v. Texas
Neither 'Avena' nor memorandum issued by President constitutes directly enforceable federal law pre-empting state rules concerning successive habeas petitions.
Criminal Law and Procedure Mar. 26, 2008
Hall Street Associates v. Mattel Inc.
Federal Arbitration Act provides expedited judicial review to confirm, vacate, or modify arbitration awards.
Contracts Mar. 26, 2008
U.S. v. Anderson
Courts may order defendant, who has violated terms of supervised release multiple times, to term not exceeding original term of supervised release.
Criminal Law and Procedure Mar. 26, 2008
People v. Leon
Evidence is insufficient to show defendant aided and abetted crime as to which witness intimidation was natural and probable consequence.
Criminal Law and Procedure Mar. 26, 2008