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Name Category Published
Elias Real Estate LLC v. Tseng
Statute of frauds bars real property sale where purchase agreement signed by tenant in common is outside partnership's ordinary course of business. 		Contracts Oct. 25, 2007
People v. Traylor
Previously dismissed complaint of felony vehicular manslaughter bars subsequent misdemeanor charge of lesser included offense. 		Criminal Law and Procedure Oct. 24, 2007
Frazer v. Drummond (In re Frazer)
Debtors are entitled to cure default regarding their principal residence under Bankruptcy Code's specific cure provisions. 		Bankruptcy Oct. 24, 2007
Iida v. Kitahara (In re Iida)
If foreign bankruptcy trustee is not seeking judicial assistance, he need not obtain court order before exercising control over foreign debtor’s Hawaii properties. 		Bankruptcy Oct. 24, 2007
U.S. v. Salazar-Lopez
Failure to allege temporal relationship between alien's removal and prior conviction in indictment is harmless where overwhelming evidence supported enhancement. 		Immigration Oct. 24, 2007
People v. Hertzig
Possession of multiple images of child pornography does not constitute multiple violations of Penal Code. 		Criminal Law and Procedure Oct. 24, 2007
Miguel A., a Minor
Termination of parental rights in dependency case does not sever sibling relationships for purposes of visitation. 		Juveniles Oct. 24, 2007
Lewis v. Robinson Ford Sales Inc.
Court improperly denies certification to ascertainable class whose members share issues with representative alleging violation of Automobile Sales Finance Act. 		Civil Procedure Oct. 24, 2007
Holcomb v. Wells Fargo Bank
Depositor who relies on manager's assurance to write checks against dishonored deposit properly alleges negligent misrepresentation, not breach of contract or negligence. 		Civil Procedure Oct. 23, 2007
Patterson v. Sacramento City Unified School District
Primary assumption of risk doctrine does not bar truck driving student's claim where instructors' negligent supervision contributed to injury. 		Torts Oct. 23, 2007
Buckland v. Threshold Enterprises
Executive director of California Women's Law Center lacks standing to pursue claims against defendants who sell lotions allegedly mislabeled. 		Civil Procedure Oct. 23, 2007
People v. McNeal
Exclusion of partition ratio in DUI case constitutes harmless error where evidence supports defendant drove under influence of alcohol. 		Criminal Law and Procedure Oct. 23, 2007
Brumley v. FDCC California Inc.
Heirs’ wrongful death and loss of consortium claims do not relate back to decedent’s personal injury claims arising from his fatal injury. 		Civil Procedure Oct. 23, 2007
Nakamura v. Parker
Facially adequate allegations of domestic violence divest court of discretion to summarily deny application for temporary protective order against former husband. 		Family Law Oct. 23, 2007
Mota v. Superior Court (Villalobos)
Trust beneficiary may conduct discovery relevant to her objections to Distribution Petition, and she need not file Probate Code Section 850 petition. 		Probate and Trusts Oct. 23, 2007
De Villers v. County of San Diego
If government employee steals controlled substances from work to commit murder, her employer is neither directly nor vicariously liable for wrongful death damages. 		Government Oct. 22, 2007
Bradwell v. Superior Court (People)
Welfare fraud conviction cannot be used as qualifying prior conviction for offense of 'petty theft with prior'. 		Criminal Law and Procedure Oct. 22, 2007
Emmett v. Johnson
Order 		Oct. 22, 2007
Norris v. Jones
Order 		Oct. 22, 2007
U.S. v. Rodriguez-Guzman
Enhancement based on overbroad California statute is improper where overwhelming authority sets age of consent at 16 years to constitute statutory rape. 		Criminal Law and Procedure Oct. 22, 2007
U.S. v. Perez-Perez
Sentencing court need not explicitly reference each argument in mitigation presented, so long as it sets forth reasoned basis for sentence imposed. 		Immigration Oct. 22, 2007
Barajas v. Wise
Order 		Oct. 22, 2007
Ventura County Public Health Officer v. Adalberto M.
If individual is not appointed counsel at hearing to enforce Civil Order of Detention, remedy is to appoint counsel and hold new hearing. 		Civil Rights Oct. 22, 2007
People v. Thomas
Although instruction on not guilty by reason of insanity could have been misleading, when viewed as whole, it could not have mislead reasonable juror. 		Criminal Law and Procedure Oct. 22, 2007
Birkner v. Lam
Apartment owner's motion to strike is improperly denied where court must determine whether tenants have made showing of right to prevail. 		Civil Procedure Oct. 22, 2007
Sharareh v. WCAB
WCAB order sustaining arbitrator’s denial of benefits is annulled because arbitrator failed to provide summary of evidence for basis of denial. 		Workers' Compensation Oct. 21, 2007
Romero v. Pacific Gas & Electric Co.
Father’s wrongful death lawsuit is improperly dismissed where he was not joined in prior settled action brought by child’s mother. 		Torts Oct. 21, 2007
U.S. v. Salcido
Evidence is sufficient to sustain receipt of child pornography conviction where jury could have concluded girl depicted in video was actual person. 		Criminal Law and Procedure Oct. 21, 2007
U.S. v. Soltero
Court may delegate cost determination authority to probation officer but may not prohibit defendant’s First Amendment rights as condition of supervised release. 		Criminal Law and Procedure Oct. 21, 2007
Betts v. City National Bank
Because petition alleges willful misconduct and breach of fiduciary duty, it did not constitute contest under trust's no contest clause. 		Probate and Trusts Oct. 21, 2007
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