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Name Category Published
People v. Hazle
Drug offender's eligibility for Proposition 36 probation is determined by three noticed revocation petitions, not individual allegations of relapse. 		Criminal Law and Procedure Dec. 27, 2007
Fashion Valley Mall LLC v. National Labor Relations Board (Graphic Communications International Union, Local 432-M)
California Constitution grants union members free speech right to urge customers in shopping mall to boycott Robinsons-May. 		Constitutional Law Dec. 27, 2007
Hebrew Academy of San Francisco v. Goldman
Defamation claim based on statement published in very limited circulation over ten years ago is barred by statute of limitations. 		Torts Dec. 27, 2007
Warfield v. Summerville Senior Living Inc.
Assisted living facility cannot bind dementia patient to arbitration agreement based on husband's signature without evidence of agency relationship. 		Contracts Dec. 27, 2007
Marriage of Harris
Debt incurred during marital dissolution is discharged by debtor spouse’s later bankruptcy only if conditions of Title 11 U.S.C. Section 523(a)(15) are met. 		Family Law Dec. 27, 2007
Hailey v. California Physicians' Service
Where health services plan’s rescission of contract for misrepresentation or omission is based on disputed facts, grant of summary judgment is improper. 		Insurance Dec. 27, 2007
Mitchell Land and Improvement Co. v. Ristorante Ferrantelli Inc.
Civil Code Section 1717 precludes award of attorney fees where plaintiff voluntarily dismisses unlawful detainer action sounding in contract. 		Contracts Dec. 27, 2007
Engle v. Copenbarger and Copenbarger
Party who secures recovery by accepting statutory offer is entitled to attorney costs and fees unless expressly excluded in offer to compromise. 		Civil Procedure Dec. 27, 2007
Marable v. Nitchman
Public employee’s complaints alleging corruption among his supervisors is protected by First Amendment because his speech was not related to his job duties. 		Government Dec. 27, 2007
U.S. v. Cohen
Court improperly excludes psychiatrist's testimony on narcissistic personality disorder's effect on tax protestor's intent to evade tax law. 		Taxation Dec. 27, 2007
People v. Lexington National Insurance Co.
Surety’s motion to vacate bail forfeiture filed more than 185 days after notice of forfeiture was mailed, is untimely. 		Criminal Law and Procedure Dec. 26, 2007
People v. Dean
Under specific facts of this case, officer lacks reasonable suspicion that van is unregistered because he failed to look for temporary operating permit. 		Criminal Law and Procedure Dec. 26, 2007
Richeson v. Helal
As construed here, agreements between city and landowner do not prevent city from granting conditional use permit without durational limitation. 		Real Property Dec. 26, 2007
People v. Jones
Fundamental purpose of felony murder rule is deterrence of negligent or accidental killings that occur in commission of dangerous felonies. 		Criminal Law and Procedure Dec. 26, 2007
Harman v. City and County of San Francisco
Costs for work performed on unsuccessful attorney fee issue in prior appeal must be deleted from total attorney fee award. 		Civil Procedure Dec. 26, 2007
Lachtman v. The Regents of the University of California
No triable issue of material fact is shown on student’s claim that university’s denial of his advancement to doctoral program violated due process. 		Education Dec. 24, 2007
People v. Lacefield
Failure to instruct on lesser included misdemeanor offense of resisting peace officer is reversible error. 		Criminal Law and Procedure Dec. 24, 2007
J.H., a Minor
Errors in providing notice to father for dependency hearings involving his daughter were harmless beyond reasonable doubt. 		Family Law Dec. 24, 2007
Apollo Capital Fund v. Roth Capital Partners
Complaint is sufficient under Corporations Code where it alleges defendant materially assisted in selling bridge notes by false or misleading statements. 		Corporations Dec. 24, 2007
Bell v. Superior Court (H.F. Cox Inc.)
Court improperly denies class certification with respect to overtime and vacation pay claims of hourly employees not excluded by motor carrier exemption. 		Civil Procedure Dec. 24, 2007
Alex U., a Minor
Juvenile may be properly committed for term that exceeds Determinative Sentencing Law’s middle term for adult convicted of same offense. 		Juveniles Dec. 24, 2007
Long v. City and County of Honolulu
Mother's claims against city and officer fail where sniper reasonably shot son who used rifle to disperse rowdy party and threaten police. 		Civil Rights Dec. 24, 2007
Maximum Comfort Inc. v. Secretary of Health and Human Services
Certificate of medical necessity completed by physician and submitted by supplier of medical equipment does not establish right to reimbursement under Medicare Act. 		Government Dec. 24, 2007
Virginia Mason Hospital v. Washington State Nurses Association
In case involving hospital's collective bargaining agreement, arbitrator properly orders that mandatory flu immunization protocol be rescinded. 		Labor Law Dec. 24, 2007
U.S. v. Plunk
Sovereign immunity supports court's denial of consequential damages for seized property. 		Criminal Law and Procedure Dec. 24, 2007
People v. Guess
Defendant’s status on probation is aggravating factor that need not be admitted nor found by jury for court to impose upper term sentence. 		Criminal Law and Procedure Dec. 24, 2007
Bernard v. State Farm Mutual Automobile Insurance Co.
Termination-notice and termination-review provisions in agency agreement created at-will employment relationship, precluding employee from pursing breach of contract claim arising from his termination. 		Employment Law Dec. 24, 2007
San Diego Metropolitan Transit Development Board v. RV Communities
Condemned property is not properly valued on date of deposit if condemner’s deposit is not ‘just compensation’ for its taking. 		Real Property Dec. 24, 2007
Q-Soft Inc. v. Superior Court (Mahallaty)
In white collar crime offenses, courts should balance interest in reimbursing victim for losses, while protecting legitimate property interests of innocent third persons. 		Criminal Law and Procedure Dec. 24, 2007
Foulon v. Klayman & Toskes PA
Order 		Dec. 24, 2007
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