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Name Category Published
Midland Pacific Building Corp. v. King
If plaintiff’s action arises from defendant’s protected activity, but plaintiff demonstrates probability of prevailing on its claim, defendant’s anti-SLAPP motion is properly denied.
Civil Procedure Nov. 28, 2007
Kashmiri v. The Regents of the University of California
Students may reasonably rely on specific promise made by university, and university’s failure to abide by its promise is breach of contract.
Education Nov. 28, 2007
Santa Clarita Organization for Planning the Environment v. County of Los Angeles (Newhall Land and Farming Co.)
Environmental impact report withstands challenge to supply analysis and remediation measures by providing for permanent water transfer independent of pending litigation.
Environmental Law Nov. 27, 2007
Swayne v. Torrance Care Center West Inc.
Failure of skilled nursing facility’s contract to ‘prominently display’ statutorily mandated advisory regarding arbitration is fatal to enforcement of agreement.
Civil Procedure Nov. 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 Nov. 27, 2007
Soremekun v. Thrifty Payless Inc.
Order
Nov. 27, 2007
Summers v. Delta Air Lines Inc.
Judgment as matter of law may not be based on grounds neither party addressed, nor on testimony given through offer of proof.
Civil Procedure Nov. 27, 2007
Vatyan v. Mukasey
Immigration judge erroneously requires certification of public document where asylum petitioner may seek to authenticate it through his own testimony.
Immigration Nov. 27, 2007
Doe v. Woodford
Defendant's guilty plea is voluntarily made during two-hour delay before opening arguments and after thorough colloquy with court.
Criminal Law and Procedure Nov. 27, 2007
Phelps v. State Water Resources Control Board (Dept. of Water Resources)
Aggrieved party’s failure to petition for relief within 30 days of State Water Resources Control Board action bars judicial review of board’s decision.
Administrative Agencies Nov. 27, 2007
City of Los Angeles v. Workers' Compensation Appeals Board
City does not owe death benefits to wife of accountant who falls and dies while returning from voluntary CPA convention.
Torts Nov. 27, 2007
Veronica G., a Minor
Despite noncompliance with ICWA notice requirements, juvenile court's jurisdictional order is supported by substantial evidence of parent's abuse.
Juveniles Nov. 27, 2007
People v. Scott
Law criminalizing consensual sexual relationships between adult members of opposite sexes who are related by consanguinity is not unconstitutional.
Criminal Law and Procedure Nov. 27, 2007
People v. Lincoln
Court’s conclusion that certain aggravating factors justified imposition of upper-term sentence is unsupported by jury’s finding of firearm use and great bodily injury.
Criminal Law and Procedure Nov. 27, 2007
Xavier G., a Minor
Mother's parental rights are properly terminated where court found grandmother was willing to adopt children.
Family Law Nov. 27, 2007
Riley, Gov. of Alabama v. Kennedy
Order
Nov. 26, 2007
Chamber of Commerce v. Brown, Att'y Gen. of California
Order
Nov. 26, 2007
District of Columbia v. Heller
Order
Nov. 26, 2007
Rabiee v. Dietz
Order
Nov. 26, 2007
Duarte v. Mukasey
Order
Nov. 26, 2007
Chambers v. Superior Court (San Diego Police Dept.)
Counsel may use derivative information from 'Pitchess' disclosure in prior case on behalf of different defendant after obtaining same disclosures in later case.
Criminal Law and Procedure Nov. 26, 2007
People v. Giordano
Surviving spouse may receive direct restitution in amount of husband's lost economic support due to drunk driver's criminal act.
Criminal Law and Procedure Nov. 26, 2007
Barritt v. McBride, Warden
Order
Nov. 26, 2007
Mokler v. County of Orange
Derogatory comments made in three instances over five-week period does not establish pattern of continuous, pervasive harassment giving rise to abusive work environment.
Employment Law Nov. 26, 2007
Miller v. Thane International Inc.
Promise of greater post-merger liquidity than provided by 'over-the-counter market' materially misrepresents company's intent to list shares on NASDAQ.
Corporations Nov. 26, 2007
Daniel Measurement Services v. Eagle Research Corp.
Order
Nov. 26, 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 Nov. 25, 2007
People v. Landaverde
Father's admittedly continuous sexual abuse of daughter is aggravating factor that need not be found true by jury in imposing upper term.
Criminal Law and Procedure Nov. 25, 2007
Barragan-Lopez v. Mukasey
Permanent resident's conviction for solicitation to possess at least four pounds of marijuana for sale constitutes crime involving moral turpitude justifying removal.
Immigration Nov. 25, 2007
Nascimento v. Dummer
Because appellate court never obtains jurisdiction over non-appealable orders, district court need not wait for mandate to issue before it acts.
Civil Procedure Nov. 25, 2007