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Name Category Published
U.S. v. Cope
Court must articulate findings regarding need for defendant to take medications that implicate significant liberty interests.
Civil Rights Nov. 5, 2007
Consulting Engineers and Land Surveyors of California Inc. v. Professional Engineers in California Government
Article in agreement between state and state employee union that restricts use of private contractors by public agencies fatally conflicts with Proposition 35.
Government Nov. 5, 2007
Gattuso v. Harte-Hanks Shoppers Inc.
Employer must apportion enhanced compensation paid to employees in form of increased salary or commission rates to satisfy statutory reimbursement obligation.
Labor Law Nov. 5, 2007
People v. Martinez
Court stays sentence pursuant to Penal Code Section 654 where charges related to driving under influence arose from single act.
Criminal Law and Procedure Nov. 5, 2007
People v. Hartley
Trial court improperly denies petition filed by probation department on behalf of defendants who successfully complete drug treatment under Proposition 36.
Criminal Law and Procedure Nov. 5, 2007
Truong v. Nguyen
Doctrine of primary assumption of risk applies to claim for wrongful death of passenger who died in personal watercraft accident.
Torts Nov. 5, 2007
Michel v. Palos Verdes Network Group Inc.
Dismissal of cause of action for negligent nondisclosure is error where broker must satisfy high fiduciary duty.
Real Property Nov. 4, 2007
Green Wood Industrial Co. v. Forceman International Development Group Inc.
Plaintiff sold non-existent scrap metal can recover lost profits and all damages arising from fraud except amount attributable to third-party claim.
Administrative Agencies Nov. 4, 2007
Margaret B. McGimsey Trust v. USA Capital Diversified Trust Deed Fund (In re USA Commercial Mortgage Co.)
Equity holder may properly assert proof of claim and proof of interest arising from single securities purchase.
Bankruptcy Nov. 4, 2007
Reid v. Google Inc.
Google's termination of 54-year-old for not being 'cultural fit' supports claims of age discrimination, but not unfair hiring and promotion.
Employment Law Nov. 4, 2007
Rebilas v. Keisler
Immigrant convicted of attempted public sexual indecency is not removable where conduct falls outside federal definition of attempted sexual abuse of minor.
Immigration Nov. 4, 2007
Malkenhorst v. Superior Court (People)
Order
Nov. 2, 2007
Brinker Restaurant v. Superior Court (Hornbaum)
Order
Nov. 2, 2007
North Sports Inc. v. Knupfer (In re Wind N' Wave)
Bankruptcy appellate panel improperly denies creditors compensation for services stemming from successful appeal of denial of fee award.
Bankruptcy Nov. 2, 2007
Williams v. SnSands Corp.
For Prevailing Wage Law to apply to truck drivers, their role transporting materials must be integral to completion of public works contract.
Labor Law Nov. 1, 2007
People v. Thomas
Order
Nov. 1, 2007
Christoff v. Nestle USA
Order
Nov. 1, 2007
Tuolumne County Citizens of Responsible Growth Inc. v. City of Sonora (California Gold Development Corp.)
Connections between proposed home improvement center and road realignment indicate they are related acts that constitute single CEQA project.
Environmental Law Nov. 1, 2007
Lewis on Habeas Corpus
Order
Nov. 1, 2007
People v. Vasquez
Order
Nov. 1, 2007
Hollywood Park Land Co. v. Superior Court (Golden State Transportation)
Order
Nov. 1, 2007
People v. Medina
Order
Nov. 1, 2007
People v. Jacobs
Short continuance of sentencing hearing is improperly denied in case where defendant requested trial judge issue his sentence.
Criminal Law and Procedure Nov. 1, 2007
People v. Recio
Court must reinstate petty theft conviction and conduct new hearing where defendant is improperly convicted of both stealing and receiving same property.
Criminal Law and Procedure Nov. 1, 2007
U.S. v. Gooch
Misdemeanor bench warrant for failure to appear gives police limited authority to enter residence to effectuate arrest.
Criminal Law and Procedure Nov. 1, 2007
Outdoor Media Group Inc. v. City of Beaumont
Establishment of vested property right is irrelevant to First Amendment or Equal Protection challenge to city sign ordinance and claim for damages.
Constitutional Law Nov. 1, 2007
Skaff v. Meridien North America, Beverly Hills
Under ADA, plaintiff need not give pre-suit notice or opportunity to cure alleged violations before filing suit as prerequisite to recovering attorneys’ fees.
Civil Rights Nov. 1, 2007
Beck v. United Food and Commercial Workers Union, Local 99
District court's inference of discriminatory intent based on comparative evidence alone was not clearly erroneous.
Labor Law Nov. 1, 2007
Get Outdoors II v. City of San Diego
Advertising company's claim that city's billboard regulations are unconstitutional fail on basis of standing and merits.
Constitutional Law Nov. 1, 2007
Crown Point Development Inc. v. City of Sun Valley
Fifth Amendment's Takings Clause does not completely foreclose due process claim for relief based on allegedly arbitrary denial of permit application.
Government Nov. 1, 2007