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Name Category Published
Wilson v. 21st Century Insurance Co.
Where insurer reaches conclusions contrary to medical evidence submitted by insured and denies payment, triable issue exists whether denial was in bad faith. 		Insurance Dec. 20, 2007
Willdan v. Sialic Contractors Corp.
General contractor must indemnify roadway designer where latent defects for which it is partially liable are expressly excluded by settlement with city. 		Contracts Dec. 20, 2007
Save Round Valley Alliance v. County of Inyo (Walters)
Inadequacy of county's environmental impact report with respect to analysis of alternatives results in prejudice and reversal. 		Environmental Law Dec. 19, 2007
People v. Villa
Defendant cannot be convicted of both robbery charge and charge of petty theft with prior theft-related conviction, arising from single incident. 		Criminal Law and Procedure Dec. 19, 2007
People v. Aispuro
Stranger who threatens but does not physically harm girls provides sufficient evidence of menace to sustain felony false imprisonment conviction. 		Criminal Law and Procedure Dec. 19, 2007
PAE Government Services Inc. v. MPRI Inc.
Inconsistent or even contradictory allegations in successive pleadings are not basis for striking pleading unless there is showing of bad faith. 		Civil Procedure Dec. 19, 2007
U.S. v. Zimmerman
District court improperly rejects criminal defendant's objections to giving blood sample and must reconsider whether compelled extraction for DNA testing violates RFRA. 		Constitutional Law Dec. 19, 2007
K&N Engineering Inc. v. Bulat
Election of statutory damages under 15 U.S.C. Section 1117(c) for trademark counterfeiting claim precludes award of attorney fees under Section 1117(b). 		Intellectual Property Dec. 19, 2007
Iasu v. Smith
Where petitioner claims American citizenship, REAL ID Act deprives district court of jurisdiction over his challenge to removal order. 		Immigration Dec. 19, 2007
Redevelopment Agency of the City of Long Beach, California v. Morales
Award of litigation expenses is reversed in eminent domain case where owners had declined redevelopment agency's offer for their land. 		Real Property Dec. 19, 2007
Bill Signs Trucking LLC v. Signs Family LP
Conveyance of interest between co-partners in family limited partnership that owns property does not trigger tenant's preemptive purchase rights under commercial lease. 		Contracts Dec. 19, 2007
Snyder v. Superior Court (Caterpillar Inc.)
General Order 29 is rendered invalid because it requires asbestos plaintiffs produce information protected by attorney work product doctrine. 		Civil Procedure Dec. 19, 2007
Stellar v. State Farm General Insurance Co.
Insurer owes no duty to defend its insured in defamation action when insured's allegedly defamatory statements were not accidental or negligent. 		Insurance Dec. 19, 2007
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 Dec. 18, 2007
Hogar v. Community Development Commission of the City of Escondido
Plaintiff is successful party and entitled to attorney fees where his lawsuit motivated defendant to voluntarily provide relief. 		Civil Procedure Dec. 17, 2007
People v. Rodriguez
Single act of using firearm may not enhance defendant’s punishment for assault and augment his already enhanced punishment under gang enhancement as well. 		Criminal Law and Procedure Dec. 17, 2007
Klistoff v. Superior Court (City of South Gate)
City has no conspiracy claim against interested parties who did not receive payment from contract as public official or employee. 		Government Dec. 17, 2007
U.S. v. Biagon
Sentencing court does not deny defendant's right of allocution by declining general request to close courtroom for sentencing hearing. 		Criminal Law and Procedure Dec. 17, 2007
People v. Watson
Transfer of inmate to state hospital is temporary transfer where he will return to state prison upon completion of successful treatment program. 		Criminal Law and Procedure Dec. 17, 2007
Sycamore Ridge Apartments v. Naumann
In malicious prosecution case, anti-SLAPP motion is properly denied where claims in underlying complaint lacked probable cause. 		Civil Procedure Dec. 17, 2007
Eastern Municipal Water District v. Superior Court (Tajik)
Deposit of inadequate sum for property condemned via ‘quick take’ process will not affect statutory scheme regarding date of valuation for that property. 		Real Property Dec. 17, 2007
Zhou v. Unisource Worldwide Inc.
At trial for damages allegedly sustained in car accident, plaintiff’s letter to his insurer regarding damages alleged in separate, later accident is admissible. 		Civil Procedure Dec. 17, 2007
People v. Jones
Trial court retains discretion to strike sentencing enhancements or additional punishment for certain listed enhancements. 		Criminal Law and Procedure Dec. 17, 2007
People v. Caravajal
Defendant's motion to withdraw plea based on misunderstanding of its consequences is not 'Marsden' motion reviewable on appeal. 		Criminal Law and Procedure Dec. 17, 2007
Schweitzer v. Westminister Investments
Requiring proof that purchaser's representative is bonded under Civil Code is void for vagueness under due process clause. 		Real Property Dec. 16, 2007
Cabral v. Soares
Ex-husband successfully demurs to complaint challenging mother's will but ex-wife may amend complaint to allege constructive trust over funds for support payments. 		Probate and Trusts Dec. 16, 2007
Crestmar Owners Association v. Stapakis
Statute of limitations for action to quiet title does not begin to run until someone presses adverse claim against person holding property. 		Real Property Dec. 16, 2007
U.S. v. Betts
Conspirator who falsely improves credit scores is subject to employment restrictions and warrantless searches as conditions of supervised release. 		Criminal Law and Procedure Dec. 16, 2007
Ditto v. McCurdy
Doctor prevails in bankruptcy case where his malpractice debt does not fall within Bankruptcy Code's exception to discharge. 		Bankruptcy Dec. 16, 2007
The Boeing Co. v. Continental Casualty
Plaintiff does not qualify as additional insured where insurance policy is interpreted as whole and in context. 		Insurance Dec. 16, 2007
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