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Name Category Published
Midland Pacific Building Corp. v. King
Though lawsuit arose from protected activity, defendants' Anti-SLAPP motion is properly denied because developer showed probability of prevailing on breach of contract claim. 		Civil Procedure Jul. 18, 2007
Affholder Inc. v. Mitchell Engineering Inc.
Trial court properly grants summary judgment in case where subcontractor alleged prime contractor improperly refused to award contract on public works project. 		Contracts Jul. 18, 2007
Cuccia v. Superior Court (People)
District court’s refusal to apply precedent case law requires issuing writ of mandate to dismiss district attorney’s recommitment petition. 		Criminal Law and Procedure Jul. 17, 2007
People v. Muhammad
Stalker's multiple convictions must be vacated where statute does not describe separate offenses but alternate punishments based on stalker's criminal history. 		Criminal Law and Procedure Jul. 17, 2007
Ball v. Rodgers
New case law dictates Medicaid Act's 'equal access' provision does not accord class of elderly and disabled Medicaid beneficiaries individual rights. 		Insurance Jul. 17, 2007
U.S. v. Jenkins
Government fails to dispel appearance of vindictive prosecution created by timing of alien smuggling charges. 		Criminal Law and Procedure Jul. 17, 2007
The Ministry of Defense and Support for the Armed Forces of the Islamic Republic of Iran v. Cubic Defense Systems Inc. (Elahi)
Iran's $2.8 million judgment in contract dispute is 'blocked asset' that can be attached for brother's assassination under Terrorism Risk Insurance Act. 		Torts Jul. 17, 2007
Edgerly v. City and County of San Francisco
Alleged trespasser succeeds on civil rights claims where officers have neither probable cause to arrest nor reasonable suspicion to strip search. 		Constitutional Law Jul. 17, 2007
U.S. v. Sine
Court finds no plain error in prosecution of defendant involved in pyramid scheme, despite the use of inadmissible hearsay and prejudicial evidence. 		Criminal Law and Procedure Jul. 17, 2007
Sheehan v. The San Francisco 49ers Ltd.
There is no violation of Privacy Initiative where plaintiffs cannot show reasonable expectation of privacy because of advanced notice and implied consent. 		Constitutional Law Jul. 17, 2007
Hartzheim v. Valley Land & Cattle Co.
Intra-family transfer of real property did not trigger right of first refusal in lease where lessor transferred property to grandchildren. 		Real Property Jul. 17, 2007
County of Imperial v. Superior Court (State Water Resources Control Board)
Trial court properly dismisses action over water dispute after finding water districts to be indispensable parties. 		Civil Procedure Jul. 16, 2007
Vineyard Area Citizens for Responsible Growth Inc. v. City of Rancho Cordova (Sunrise Douglas Property Owners Association)
Under California Environmental Quality Act, inadequate analysis of large development project’s effects on local water supply and river requires further environmental review. 		Environmental Law Jul. 16, 2007
People v. Tillotson
Imposition of upper term sentence requires reversal where based on factors not found true beyond reasonable doubt by jury. 		Criminal Law and Procedure Jul. 16, 2007
State of California ex. rel. Robert Hindin v. Hewlett-Packard Co.
Under California False Claims Act, three-year statute of limitations applies to discovery of wrongful acts by public official, not qui tam plaintiff. 		Government Jul. 16, 2007
Benitez v. Garcia
Habeas petition is denied where petitioner asserts sentence limitation in extradition decree from Venezuela. 		Criminal Law and Procedure Jul. 16, 2007
Mardirossian & Associates Inc. v. Ersoff
Former counsel recovers attorney fees in quantum meruit action for work expended prior to being replaced few days before multimillion dollar settlement. 		Attorneys Jul. 16, 2007
Blue Cross of California v. Dept. of Health Services (Molina Healthcare of California)
Dept. of Health Services hearing officer properly holds that Request For Proposal did not bar submission of identical, dual-county provider networks. 		Administrative Agencies Jul. 16, 2007
Orn v. Astrue
In determining Social Security benefits, administrative law judge errs by rejecting opinions of treating physicians without specific, legitimate reasons supported by substantial evidence. 		Administrative Agencies Jul. 16, 2007
U.S. v. Jimison
Sentencing enhancement is erroneously applied where defendant’s ‘going Rambo’ comment was insufficient to establish he had intent to have shootout with police. 		Criminal Law and Procedure Jul. 16, 2007
R.B. v. Napa Valley Unified School District
Exclusion of special education teacher is harmless procedural error where child's lack of qualifying disability made her substantively ineligible for IDEA relief. 		Education Jul. 16, 2007
Siebel v. Mittlesteadt
Postjudgment settlement constitutes favorable termination when malicious prosecution plaintiff settled without relinquishing any portion of favorable judgment in underlying action. 		Torts Jul. 16, 2007
City of Santa Barbara v. Superior Court (Janeway)
Agreement purporting to release summer camp from liability for future gross negligence violates public policy and is unenforceable. 		Contracts Jul. 16, 2007
Brittalia Ventures v. Stuke Nursery Co. Inc.
Nursery loses suit for breach of warranty where it failed to deliver 14,000 Howard trees, as specified in purchase proposal. 		Contracts Jul. 15, 2007
U.S. Mortgage Inc. v. Saxton
Plaintiffs' claim against defendants over misrepresentation in loans is properly dismissed for failure to state claim in conformity with 'SLUSA'. 		Civil Procedure Jul. 15, 2007
Tanner v. McDaniel
District court properly rejects defendant's claim of ineffective assistance of counsel where all of his arguments were frivolous and without merit. 		Criminal Law and Procedure Jul. 15, 2007
Morongo Band of Mission Indians v. State Water Resources Control Board
Due process rights of Indian tribe are violated when prosecutor, in water rights case, simultaneously acted as legal advisor to Water Board. 		Constitutional Law Jul. 15, 2007
Marquez Knolls Property Owners Association Inc. v. Executive Risk Indemnity Inc.
Exclusion from coverage does not apply where underlying exclusionary activities were not performed by insured, but by third party. 		Insurance Jul. 15, 2007
Metropolitan Transit System v. Superior Court (Balfour Beatty/Ortiz Enterprises Inc.)
All cross-defendants, including non-resident plaintiff subject to local agency's compulsory cross-complaint, may move to change venue to neutral county. 		Civil Procedure Jul. 15, 2007
Earth Island Institute v. Canainpesca
No change in tuna labeling standards where agency returns arbitrary findings on extirpation of dolphins. 		Environmental Law Jul. 15, 2007
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