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Name Category Published
CSC Orders for 072507
Order 		Jul. 26, 2007
Opinion of Brown
Assistant high school principal facing demotion may not be prohibited from attending and speaking at public school board meeting. 		Government Jul. 26, 2007
Christoff v. Nestle USA Inc.
Although coffee 'taster' depicted on Nestle products did not consent to use of image, he fails to prove image generated $15 million profit. 		Torts Jul. 25, 2007
Poseidon Development Inc. v. Woodland Lane Estates LLC
Trial court errs in sustaining demurrers without leave to amend in dispute over breach of promissory note, inasmuch as actual damages are allowed. 		Contracts Jul. 25, 2007
Archdale v. American International Specialty Lines Insurance Co.
Insurer's failure to accept reasonable settlement offer breaches liability policy's implied covenant of good faith, supporting claim sounding in tort or contract. 		Insurance Jul. 25, 2007
Chang v. Workers' Compensation Appeals Board
Under Labor Code Section 4660(d), new disability rating schedule applies to injuries before 2005 unless one of enumerated exceptions can be established. 		Workers' Compensation Jul. 25, 2007
In re Christian G.
Court properly imposes maximum sentence for minor based on finding of aggravating factors because ‘Cunningham v. California’ is inapplicable to juvenile cases. 		Juveniles Jul. 25, 2007
Societe Civile Succession Richard Guino v. Redstar Corp.
California Court erroneously denies enforcement of French judgment for 3 million francs. 		Civil Procedure Jul. 25, 2007
Arias v. Superior Court (Angelo Dairy)
Individual must bring representative claims as class action pursuant to Unfair Competition Law but not Labor Code Private Attorneys General Act. 		Civil Procedure Jul. 25, 2007
People v. Blick
Trial court’s failure to include specific intent requirement in its jury instructions creates reasonable probability jury would have acquitted alleged defrauder. 		Criminal Law and Procedure Jul. 25, 2007
U.S. v. Castillo
Appellate court has constitutional power and congressional authorization to hear appeal in spite of valid guilty plea. 		Criminal Law and Procedure Jul. 25, 2007
Petrone v. VERITAS Software Corp.
Settlement notice fails under Private Securities Litigation Reform Act of 1995 where estimated recovery was not based on all class shares. 		Securities Jul. 25, 2007
U.S. v. Forrester
In case where defendant used Internet to help run Ecstasy lab, computer surveillance by government does not constitute search under Fourth Amendment. 		Criminal Law and Procedure Jul. 25, 2007
Wang v. Wal-Mart Real Estate Business Trust
Anti-SLAPP does not apply to Wal-Mart's 'protected' permit activities, which were only incidental to private transaction at heart of seller's complaint. 		Civil Procedure Jul. 25, 2007
People v. Medina
Gang members’ murder convictions are reversed because their involvement in earlier fistfight was not reasonably likely to result in fatal shooting. 		Criminal Law and Procedure Jul. 24, 2007
Advantec Group Inc. v. Edwin's Plumbing Co. Inc.
Answer containing general denial of material allegations sufficiently controverts contractor's allegation of licensure, requiring proof by production of verified certificate. 		Civil Procedure Jul. 24, 2007
Performance Plastering v. Richmond American Homes of California Inc.
Demurrer improperly sustained where insurer was party to or third party beneficiary of settlement agreements releasing subcontractor from defective construction claims. 		Contracts Jul. 24, 2007
Energetic Painting and Drywall Inc. v. Workers' Compensation Appeals Board
2005 schedule governs worker's permanent disability rating when employer was not required to provide notice until last temporary disability payment. 		Workers' Compensation Jul. 24, 2007
Golden Pisces Inc. v. Fred Wahl Marine Construction Inc.
Attorney fees are properly denied where form contract was never signed by ship manager or representative of shipyard. 		Contracts Jul. 24, 2007
U.S. v. Figueroa-Ocampo
Previously deported alien’s sentence is improperly enhanced because simple possession of controlled substance does not qualify as felony under Controlled Substances Act. 		Immigration Jul. 24, 2007
U.S. v. Castillo-Basa
Order 		Jul. 24, 2007
Morgan Creek Residential v. Kemp
Developer is not entitled to contribution from guarantors because letter of credit is not valid form of suretyship obligation. 		Business Law Jul. 24, 2007
Rose v. Hudson
Malpractice claim is time-barred where new case law is applied retroactively and does not overrule or disagree with California decisional authority. 		Civil Procedure Jul. 24, 2007
Opinion of Brown
County may contribute toward health care coverage costs for retired board member belonging to CalPERS whose eligibility PEMHCA amendment did not restrict. 		Government Jul. 23, 2007
Opinion of Brown
County recorder is not required to make copy of ‘separate paper’ indicating documentary transfer tax amount before returning it to recording party. 		Real Property Jul. 23, 2007
Muradin v. Gonzales
Armenian native is eligible for CAT relief where testimony shows he was tortured by Armenian military and likely faced torture upon return. 		Immigration Jul. 23, 2007
Magtanong v. Gonzales
Order 		Jul. 23, 2007
Winzer v. Hall
Ex-boyfriend convicted of making terrorist threats is entitled to habeas relief where admission of woman's hearsay statements violates Confrontation Clause. 		Criminal Law and Procedure Jul. 23, 2007
Vacation Village Inc. v. Clark County, Nevada
County’s height restriction on airport-adjacent land amounted to per se regulatory taking, entitling property owner to just compensation. 		Real Property Jul. 23, 2007
Hamilton Materials Inc. v. Dow Chemical Corp.
Fraud claim is time-barred where knowledgeable manufacturer of asbestos products should have been on inquiry notice of its claim. 		Civil Procedure Jul. 23, 2007
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