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Name Category Published
Garcia v. Superior Court (City of Santa Ana)
Where 'Pitchess' motion is accompanied by sealed declaration, sealed information released to city attorney under protective order would not protect defendant's interests. 		Criminal Law and Procedure Aug. 9, 2007
People v. DePriest
Sufficient evidence supports felony murder based on robbery and attempted rape where parolee found with property of naked victim found near dumpster. 		Criminal Law and Procedure Aug. 9, 2007
Marriage of Feldman
Sanction upheld where husband breaches fiduciary duty to disclose material facts and produce documents regarding assets in which community may have interest. 		Family Law Aug. 8, 2007
Antonio P., a Minor
Court properly imposes upper term sentence for juvenile under ‘Cunningham v. California’ based on his lengthy recidivist record of prior offenses. 		Juveniles Aug. 8, 2007
Hernandez-Ortiz v. Gonzales
Immigration judge errs in denying requests for asylum and withholding of removal in case of brothers whose lives were disrupted by Guatemalan army. 		Immigration Aug. 8, 2007
McElmurry v. U.S. Bank National Association
Collateral order exception does not apply where order denying notice to potential plaintiffs is not 'effectively unreviewable on appeal from final judgment.' 		Civil Procedure Aug. 8, 2007
State Route 4 Bypass Authority v. Superior Court (Morimoto)
Trial court misapplies ‘rough proportionality’ test of ‘Dolan v. City of Tigard’ to requirement that landowners dedicate portion of land for new highway. 		Government Aug. 8, 2007
California Insurance Guarantee Association v. Workers' Compensation Appeals Board
Solvent insurer is jointly and severally liable for all temporary workers compensation benefits paid by CIGA because it qualifies as ‘other insurance.’ 		Workers' Compensation Aug. 8, 2007
People v. Ramirez
Gang expert’s hearsay testimony establishing elements of gang enhancement does not violate defendant’s constitutional right to confront witness. 		Criminal Law and Procedure Aug. 7, 2007
Marriage of Lafkas
Husband's appeal is dismissed in absence of certificate of probable cause and court order allowing appeal on bifurcated issue. 		Family Law Aug. 7, 2007
Frontier Oil Corp. v. RLI Insurance Co.
Under California law, insurance company promised to defend claims for damages arising from oil operations in Beverly Hills. 		Contracts Aug. 7, 2007
Day v. Apoliona
Native Hawaiians have right enforceable by 42 U.S.C. Section 1983 to sue for state's breach of trust obligations under Hawaii Admission Act . 		Civil Rights Aug. 7, 2007
Fantasyland Video Inc. v. County of San Diego
Order 		Aug. 7, 2007
People v. Garcia
Defendant’s current, intimate knowledge of gang’s inner workings is sufficient to establish his active gang participation at time of his arrest. 		Criminal Law and Procedure Aug. 7, 2007
In re Gomez
'Cunningham' is not to be applied retroactively to upper term sentence on collateral review in cases already final when it was decided. 		Criminal Law and Procedure Aug. 7, 2007
All Points Capital Corp. v. Meyer (In re Meyer)
Default judgment cannot be entered in bankruptcy case where debtor filed motion to avoid judicial liens. 		Bankruptcy Aug. 6, 2007
Wolkowitz v. Beverly (In re Beverly)
Bankruptcy trustee may prevent discharge and avoid fraudulent transfer where lawyer colludes with spouse to trade exempt funds through divorce settlement. 		Bankruptcy Aug. 6, 2007
Mani Brothers Real Estate Group v. City of Los Angeles (IDS Equities LLC)
Under CEQA, no further environmental review is required for development plan’s changes that do not create new or increase previously identified environmental impacts. 		Environmental Law Aug. 6, 2007
Smith v. Exxon Mobile Oil Corp.
Collateral estoppel improperly applied where absence of expert testimony in prior action deprived oil company of opportunity to defend against asbestos claim. 		Civil Procedure Aug. 6, 2007
U.S. v. Riedl
Defendant is not entitled to coram nobis relief where she failed to demonstrate legitimate, valid reasons for not attacking her conviction earlier. 		Criminal Law and Procedure Aug. 6, 2007
Northern California River Watch v. City of Healdsburg
City violates Clean Water Act where it discharged sewage into pond that has significant nexus to river deemed to be navigable water. 		Environmental Law Aug. 6, 2007
Porter v. Bowen
Bill Jones violates vote-swapping website owners' First Amendment rights by threatening criminal prosecution for mechanisms and communications that are constitutionally protected. 		Constitutional Law Aug. 6, 2007
U.S. v. Bolanos-Hernandez
Under U.S. Sentencing Guidelines, attempted assault with intent to commit rape is considered forcible sex offense and therefore crime of violence. 		Criminal Law and Procedure Aug. 6, 2007
Elkins v. Superior Court (Elkins)
Local rule precluding oral testimony and disposing of contested marital property 'quasi by default' through written hearsay declarations violates state law. 		Family Law Aug. 6, 2007
People v. Alfaro
Trial court properly refuses to remove defense counsel in case where defendant is sentenced to death for murdering nine-year-old. 		Criminal Law and Procedure Aug. 6, 2007
People ex rel. Brown v. Powerex Corp.
Filed rate doctrine bars Attorney General’s claims challenging energy wholesaler’s malicious conduct during California energy crisis. 		Civil Procedure Aug. 6, 2007
California Self-Insurers' Security Fund v. Lorber Industries of California (In re Lorber)
Reimbursement claim for payment of workers' compensation obligations is excise tax that is not entitled priority where default falls outside pre-petition period. 		Bankruptcy Aug. 5, 2007
Hall v. Time Warner Inc.
Interview with beneficiary of Marlon Brando’s living trust is issue of widespread public interest due to public’s fascination with Brando’s personal life. 		Torts Aug. 5, 2007
Catalyst Strategic Design Inc. v. Kaiser Foundation Health Plan Inc.
Insurance company’s faxing of unsolicited advertisement does not violate Telephone Consumer Protection Act of 1991 where parties have established business relationship. 		Torts Aug. 5, 2007
E-Fab Inc. v. Accountants Inc. Services
Trial court errs in finding time-barred plaintiff's claims against staffing agency over accountant who embezzled nearly $1 million. 		Civil Procedure Aug. 5, 2007
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