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Name Category Published
People v. Mejia
Trial court must hold 'Marsden' hearing after defendant personally instructs counsel to move for new trial based on his conduct at trial.
Criminal Law and Procedure Feb. 6, 2008
Grigoryan v. Mukasey
Filing of boilerplate brief deprives alien of meaningful appellate review, and gives rise to presumption that alien was prejudiced by counsel’s inadequate performance.
Immigration Feb. 6, 2008
John v. City of El Monte
Despite his unseemly hasty actions, officer had probable cause to arrest female teacher alleged to have molested student.
Civil Rights Feb. 6, 2008
Nygård Inc. v. Uusi-Kerttula
Employer’s claims arising from statements made by former employee are properly stricken pursuant to anti-SLAPP motion.
Civil Procedure Feb. 5, 2008
J.L., a Minor
Family Code Section 7575 gives respondent standing to assert constitutional paternity right over biological son.
Juveniles Feb. 5, 2008
Good v. Superior Court (People)
Misdemeanant required to register as sex offender must submit to DNA sample under Proposition 69.
Criminal Law and Procedure Feb. 5, 2008
People v. The Pacific Lumber Co.
Where State sues company for alleged fraudulent business practices, action is barred under Civil Code because communications are privileged.
Government Feb. 5, 2008
U.S. v. Jennings
Where defendant's arrest is valid under state law based on probable cause, evidence obtained incident to search is admissible.
Criminal Law and Procedure Feb. 5, 2008
People v. Howard
Prosecutor’s notice of intent to introduce certain aggravating evidence before penalty phase but after jury selection is not constitutionally infirm.
Criminal Law and Procedure Feb. 5, 2008
In re J.G.
Prisoner serving life sentences outside California under Federal Witness Protection Program has right to appear personally at parole board hearing.
Criminal Law and Procedure Feb. 5, 2008
People v. McDaniel
Defendant is denied due process where he is shackled during trial without finding of cause.
Criminal Law and Procedure Feb. 4, 2008
S&S Cummins Corp. v. West Bay Builders Inc.
Penalty charge for contractor’s wrongful refusal to release retention payment is applied annually and ceases accruing upon entry of judgment.
Contracts Feb. 4, 2008
In re Crockett
California trial court lacks jurisdiction to convict juvenile sex offender adjudicated in Texas of failure to register as sex offender in California.
Criminal Law and Procedure Feb. 4, 2008
Noble v. Draper
Plaintiffs’ fraud and unfair business practice claims against defendants are not precluded by prior administrative hearing concerning their wage claims.
Civil Procedure Feb. 4, 2008
McClain v. Octagon Plaza
Plaintiff leasing commercial space is entitled to accounting with respect to her share of common expenses.
Real Property Feb. 4, 2008
Estate of Garrett
Surviving spouse has priority to administer decedent's estate but can choose to nominate another person to manage estate property.
Probate and Trusts Feb. 4, 2008
Northwest Energetic Services v. California Franchise Tax Board
Fee imposed on limited liability company based on its total in-state and out-of-state income violates Commerce Clause.
Taxation Feb. 4, 2008
Bank of New York v. Fremont General Corp.
Bank proves corporate parent intentionally interferes with contract by transferring funds held in custodial account to pay workers compensation claims.
Torts Feb. 4, 2008
Cascade Health Solutions v. PeaceHealth
Order
Feb. 4, 2008
Cascade Health Solutions v. PeaceHealth
Bundled discounts offered by hospital care provider are not exclusionary conduct under Section 2 of Sherman Act unless they are predatory.
Antitrust Feb. 4, 2008
Dible v. City of Chandler
Police officer's First Amendment rights were not violated when he was fired for maintaining and participating in sexually explicit website with his wife.
Constitutional Law Feb. 4, 2008
Dell Inc. v. Superior Court (Mohan)
Service contract sold for lump sum with computer need not be listed on itemized invoice in order to be exempt from taxation.
Taxation Feb. 4, 2008
Gallo Cattle Co. v. Kawamura
Assessment levied on milk products in order to fund ‘Real California Cheese’ advertising campaign does not violate cheese manufacturer's free speech rights.
Constitutional Law Feb. 4, 2008
Sarah B. v Floyd B.
Parent residing with child in Colorado at time she seeks assistance of California family court is not required to return child to California.
Family Law Feb. 4, 2008
Vasquez v. Happy Valley Union School District
School district may terminate employment of substitute who is not reelected for permanent position after two consecutive years as probationary teacher.
Education Feb. 4, 2008
Miller v. Collectors Universe Inc.
Plaintiff's single cause of action for wrongful appropriation of his name limits him to statutory damages.
Torts Feb. 4, 2008
02 Development LLC v. 607 South Park LLC
Limited liability company may enforce pre-incorporation contracts made on its behalf.
Corporations Feb. 1, 2008
County of Ventura v. Channel Islands Marina Inc.
County landlord is not liable for lessee’s damages caused by newly enacted government regulation preventing lessee from removing improvements made to land.
Real Property Feb. 1, 2008
Fourth La Costa v. Seith
Reduction of percentage of owners necessary to amend CC&Rs was constitutional and did not exceed court’s statutory authority.
Real Property Feb. 1, 2008
Holmgren v. County of Los Angeles
Engineers who perform work outsourced to contracting firms are not 'common law employees' entitled to civil service and retirement benefits from county.
Government Feb. 1, 2008