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Name Category Published
People v. Gray
Under facts of this case, court's instruction charging jury with determining whether witness' past conviction was crime of moral turpitude is harmless error. 		Criminal Law and Procedure Jan. 3, 2008
Valencia v. County of Sonoma
Local government agency may not impose discipline on employee that is inconsistent with Memorandum of Understanding between employees’ union and county. 		Government Jan. 3, 2008
Davis v. Silva
Prisoner properly exhausts habeas claim by 'fairly presenting' alleged due process violation in hearing to revoke good-time credit. 		Criminal Law and Procedure Jan. 3, 2008
Leadsinger Inc. v. BMG Music Publishing
Mechanical license acquired under Copyright Act will not authorize karaoke company’s utilization of copyrighted materials because its device is audiovisual work, not phonorecord. 		Intellectual Property Jan. 3, 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. 2, 2008
Belz v. Clarendon America Insurance Co.
Where default judgment results from lack of notice by insured, insurer is liable on judgment unless it suffered actual, substantial prejudice. 		Insurance Jan. 2, 2008
Estrada-Rodriguez v. Mukasey
Conviction for resisting arrest is ‘crime of violence,’ which qualifies as aggravated felony sufficient to justify alien’s removal. 		Immigration Dec. 31, 2007
Bates v. United Parcel Service Inc.
Burden-shifting and qualification standard in 'business necessity' defense does not apply to UPS' discriminatory policy against hearing impaired drivers. 		Civil Procedure Dec. 31, 2007
Levina v. San Luis Coastal Unified School District
'Aggrieved party' under Individuals with Disabilities Act, is any party who suffers injury in fact and is denied its affirmatively requested relief. 		Education Dec. 31, 2007
Williams v. Alamedia
Order 		Criminal Law and Procedure Dec. 31, 2007
Gonzalez v. Beck
Defendants in wage dispute must appeal to Labor Commissioner for relief from default before moving to set aside judgment in trial court. 		Labor Law Dec. 31, 2007
County of San Bernardino v. Walsh
Public officials and other fiduciaries cannot profit by breach of their fiduciary duty and disgorgement of profits is applicable when this happens. 		Government Dec. 31, 2007
Rubalcava v. Martinez
Ordinance addressing same subject matter as prior ordinance that was suspended by referendum and repealed is still ‘essentially different’ from its predecessor. 		Government Dec. 31, 2007
Applied Information Sciences Corp. v. eBay Inc.
eBay is entitled to summary judgment where 'SmartSearch' owner shows protectable interest in trademark but produces no admissible evidence of confusion. 		Intellectual Property Dec. 31, 2007
Smith v. Baldwin
Despite co-defendant's recantation, murderer who fails to show actual innocence or cause and prejudice cannot overcome procedurally defaulted habeas claims. 		Criminal Law and Procedure Dec. 28, 2007
OCM Principal Opportunities Fund v. CIBC World Markets Corp.
Where jury found for plaintiff on misrepresentation and fraud claims, its denial of prejudgment interest pursuant to Corporations Code Section 25500 is reversed. 		Corporations Dec. 28, 2007
Van Winkle v. County of Ventura
POBRA does not protect former deputy sheriff who admits embezzling weapons booked for destruction during criminal investigation. 		Government Dec. 28, 2007
People v. Flores
Imposition of consecutive terms does not violate defendant's Sixth Amendment rights because there is no requirement that court find aggravating circumstances. 		Criminal Law and Procedure Dec. 28, 2007
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 Dec. 28, 2007
Center for Biological Diversity v. Lohn
National Marine Fisheries Service's issuance of final rule listing Southern Resident killer whale as endangered species renders this case moot. 		Constitutional Law Dec. 28, 2007
U.S. v. Lococo
Where wiretap application states that various prior attempted investigative techniques have failed, court does not abuse its discretion in finding wiretap justified. 		Criminal Law and Procedure Dec. 28, 2007
Arteaga v. Mukasey
Fear of persecution for gang membership in Petitioner's native country, does not qualify him for withholding of removal as member of 'social group.' 		Immigration Dec. 28, 2007
Tahara v. Matson Terminals Inc.
Award of attorney fees for work performed to secure late payment award is proper under Longshore and Harbor Workers’ Compensation Act. 		Workers' Compensation Dec. 28, 2007
Gadda v. State Bar
Retroactive application of 2003 amendment to California Business and Professions Code is constitutional. 		Attorneys Dec. 28, 2007
U.S. v. Grubbs
Order 		Dec. 28, 2007
Aguilera v. Baca
Deputies who remain at work for questioning during internal investigation into their suspected misconduct are not seized for purposes of Fourth Amendment. 		Government Dec. 28, 2007
Biscotti v. Yuba City Unified School District
Child’s injury from falling off bicycle used as impromptu ladder to climb schoolyard fence is not result of dangerous condition of public property. 		Real Property Dec. 28, 2007
People v. Le
Judgment is reversed due to prejudicial error in jury instruction. 		Criminal Law and Procedure Dec. 28, 2007
People v. Carroll
Amendments to Sexually Violent Predator Act are properly applied at recommitment hearing taking place after effective date of new legislation. 		Criminal Law and Procedure Dec. 28, 2007
People v. Abrams
Non-testimonial evidence of defendant's failure to report or make payments to probation officer is admissible at probation violation hearing. 		Criminal Law and Procedure Dec. 27, 2007
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