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Name Category Published
U.S. v. Calderon-Segura
Documentary evidence proving facts and dates of alien’s prior removal and felony conviction are sufficient to render alien eligible for enhanced statutory maximum.
Criminal Law and Procedure Jan. 10, 2008
U.S. v. Tulaner
Defendant receives offense level increase for full 'intended loss' of scheme to purchase 12 sputtering discs, even if he only obtained four.
Criminal Law and Procedure Jan. 10, 2008
Environmental Defense Project of Sierra County v. County of Sierra
Where amendment to zoning ordinance is proposed, 10-day notice of public hearing must be given after planning commission's recommendation has been received.
Government Jan. 10, 2008
Fiscal v. City and County of San Francisco
Proposition is invalid as preempted by state law since subject of gun control is statewide concern and controlled by applicable state law.
Constitutional Law Jan. 10, 2008
Golden Gate Restaurant Assn. v. City and County of San Francisco
Order
Jan. 10, 2008
People v. Jefferson
Fifth Amendment does not bar taped exchange between drive-by shooters who mistakenly identified victim as rival gang member by Van Halen tattoo.
Criminal Law and Procedure Jan. 9, 2008
People v. Oglesby
Court need not suspend criminal proceedings to conduct second competency hearing unless substantial change of circumstances or new evidence is presented.
Criminal Law and Procedure Jan. 9, 2008
Fridley v. Forsythe (In re Fridley)
Chapter 13 plan may not be completed early so as to qualify for discharge by prepaying lump-sum without full payment of allowed claims.
Bankruptcy Jan. 9, 2008
Centre Insurance Co. v. SNTL Corp. (In re SNTL Corp.)
Unsecured creditor may revive debtor's previously released liability and include attorney fees incurred postpetition but arising from prepetition contract.
Bankruptcy Jan. 9, 2008
Ransom v. MBNA America Bank (In re Ransom)
Debtor may not deduct vehicle ownership expenses when calculating his disposable income if there are no liens or encumbrances on his vehicle.
Bankruptcy Jan. 9, 2008
Nielsen v. Beck
Former attorney's advice to client about 'same subject matter' after substitution presents triable issue tolling statute of limitations for malpractice action.
Civil Procedure Jan. 9, 2008
People v. Anaya
Guardian who embezzled money from elderly is not entitled to presentence custody credit for time spent electronically monitored while released on bail.
Criminal Law and Procedure Jan. 9, 2008
People v. Curry
Court’s erroneous failure to permit jury to find aggravating factors is harmless where jury doubtlessly would have found such factors true.
Criminal Law and Procedure Jan. 9, 2008
John R. Sand & Gravel Co. v. United States
Lawsuit is properly found to be untimely where Federal Circuit addressed timeliness issue sua sponte.
Civil Procedure Jan. 9, 2008
NLRB v. Friendly Cab Co.
Taxicab drivers denied ability to pursue entrepreneurial opportunities and subjected to considerable control by cab company are ‘employees’ under National Labor Relations Act.
Employment Law Jan. 9, 2008
Hall v. Time Inc.
Plaintiff must suffer 'injury in fact' and 'lost money or property' to have standing to pursue claim under California unfair competition law.
Corporations Jan. 9, 2008
Ransom v. MBNA America Bank (In re Ransom)
Order
Jan. 9, 2008
In re Pope
'In re Phelon' is incorrectly decided where it fails to recognize that Penal Code Section 2933 constitutes legislatively enacted exception to Section 654.
Criminal Law and Procedure Jan. 9, 2008
V.F., a Minor
When noncustodial parent is incarcerated, court must determine if parent desires to assume custody and whether placement would be detrimental.
Juveniles Jan. 8, 2008
California Highway Patrol v. Superior Court (Quigley)
Continuous violations of helmet law show 'persistent neglect' and do not constitute correctable offenses requiring issuance of 'fix-it' tickets.
Criminal Law and Procedure Jan. 8, 2008
Norton v. San Bernardino City Unified School District
Trial court erred when it did not clearly state whether or not plaintiff had been reinstated to former position, creating internal inconsistency.
Employment Law Jan. 8, 2008
Legal Services for Prisoners with Children v. Bowen
Order
Jan. 8, 2008
People v. Dieck
Order
Jan. 8, 2008
People v. White
Order
Jan. 8, 2008
People v. Viera
Order
Jan. 8, 2008
Vasquez v. County of Los Angeles
Order
Jan. 8, 2008
People v. Garcia
Order
Jan. 8, 2008
People v. Allison
Order
Jan. 8, 2008
People v. McNeal
Order
Jan. 8, 2008
People v. Superior Court (Smith)
Order
Jan. 8, 2008