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Name Category Published
Oak Harbor Freight Lines Inc. v. Sears Roebuck & Co.
Equitable estoppel does not bar defendant's liability for money it already paid to intermediary for freight shipments.
Torts Jan. 22, 2008
L.A. Closeout Inc. v. Dept. of Homeland Security
Agency properly denies adjustment application based on internal memorandum showing specialty occupation worker did not 'maintain' status after tourist visa expired.
Immigration Jan. 22, 2008
County of Los Angeles v. Raytheon Co.
Issuance of escape assessment allows assessee's successor in interest to seek belated refund of taxes assessed during same tax year on different property.
Taxation Jan. 22, 2008
People v. Venzor
Order
Jan. 18, 2008
Federici v. Gursey Schneider & Company
Order
Jan. 18, 2008
People v. Chakos
Testimony of arresting officer with no expertise on lawful use of prescription marijuana is insufficient to sustain patient's possession for sale conviction.
Criminal Law and Procedure Jan. 18, 2008
The Lands Council v. McNair
Order
Jan. 18, 2008
Huh v. Wang
Appellant who fails to act diligently or explain delay is not entitled to relief from summary judgment for excusable attorney neglect.
Civil Procedure Jan. 18, 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 Jan. 18, 2008
Jessen v. Mentor Corp.
Products liability claim based on deformation of prosthetic testicle after implantation is preempted by Food, Drug and Cosmetic Act.
Constitutional Law Jan. 18, 2008
Elizabeth M., a Minor
Court improperly reduces parent's visitation where order was unsupported by any evidence and made without notice.
Juveniles Jan. 18, 2008
Frastaci v. Vapor Corp.
Locomotive Boiler Inspection Act preempts state tort claims premised on alleged defect in design, construction or material of ‘off line’ locomotives.
Constitutional Law Jan. 18, 2008
People v. Paredes
Disqualification of public defender was abuse of trial court's discretion and violated defendant's right to counsel under state constitution.
Criminal Law and Procedure Jan. 18, 2008
People v. Ceja
Order
Jan. 18, 2008
People v. Chafee
Order
Jan. 18, 2008
People v. Linarez
Order
Jan. 18, 2008
People v. Moore
Order
Jan. 18, 2008
Plumlee v. Masto
Habeas petition is properly denied where right to effective assistance of counsel was not violated by judge's refusal to appoint different lawyer.
Criminal Law and Procedure Jan. 18, 2008
U.S. v. Seljan
Order
Jan. 18, 2008
Mark H. v. Lemahieu
Provision of ‘free appropriate public education’ requirement contained in Individuals with Disabilities Education Act is different from Rehabilitation Act’s requirement utilizing same language.
Education Jan. 18, 2008
Amtower v. Photon Dynamics Inc.
Court should afford litigant protections provided by trial or statutory process rather than utilize motion in limine to adjudicate litigant's claim.
Civil Procedure Jan. 18, 2008
James F., a Minor
Juvenile court's error in procedure used to appoint guardian ad litem for parent is harmless and does not require automatic reversal.
Juveniles Jan. 18, 2008
People v. Medina
Under California law, suspicionless search pursuant to probation search condition is not prohibited by Fourth Amendment.
Criminal Law and Procedure Jan. 18, 2008
Marriage of Barthold
Trial court's authority to correct its errors applies even when prompted to reconsider prior ruling by motion filed in violation of Code of Civil Procedure.
Family Law Jan. 17, 2008
Murray's Iron Works Inc. v. Boyce
Customer’s wrongful withholding of portion of final payment, as opposed to ‘progress payment,’ does not entitle contractor to penalties and attorney fees.
Contracts Jan. 17, 2008
Marriage of James M.
Court improperly denies ADA request to continue trial where wife who suffers from cancer and bipolar disorder represents herself in dissolution proceedings.
Family Law Jan. 17, 2008
Imran Q., a Minor
Juvenile court may order restitution of legal fees and costs incurred by victim in collecting for his economic losses, not his general damages.
Juveniles Jan. 17, 2008
Village Northridge Homeowners Association v. State Farm Fire and Casualty Co.
Homeowners association may affirm settlement agreement releasing insurer and recover damages for prior fraud in misrepresenting policy limits.
Insurance Jan. 17, 2008
New York State Board of Elections v. Torres
New York's system of selecting party nominees for State Supreme Court does not violate First Amendment.
Constitutional Law Jan. 17, 2008
Knight v. Commissioner of Internal Revenue
Investment advisory fees are generally subject to two percent floor when incurred by trust.
Taxation Jan. 17, 2008