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Edwards v. LaMarque
State appellate court was not objectively unreasonable in finding petitioner's counsel made reasonable, tactical decision at trial.
Criminal Law and Procedure Mar. 29, 2007
U.S. v. Daane
In case involving convictions for conspiracy and attempted extortion, court properly rejected defendants' proffered 'claim of right' instruction.
Criminal Law and Procedure Mar. 29, 2007
Northwest Ecosystem Alliance v. U.S. Fish and Wildlife Service
Fish and Wildlife Service's decision not to classify Washington state western gray squirrel as endangered 'distinct population segment' was proper.
Environmental Law Mar. 29, 2007
U.S. v. Milwitt
To establish bankruptcy fraud, government must prove defendant's specific intent to defraud identifiable victim through identified fraudulent scheme.
Criminal Law and Procedure Mar. 29, 2007
Hotels Nevada v. L.A. Pacific Center Inc.
Trial court erroneously failed to hold evidentiary hearing prior to ruling on motion to compel arbitration.
Contracts Mar. 28, 2007
The Stonegate Homeowners Association v. T.A. Staben
In construction defect case, expert testimony on subcontractor's standard of care was improperly precluded.
Contracts Mar. 28, 2007
Wright v. City of Morro Bay
Property owners cannot claim ownership of portion of adjacent dedicated street, even if it was never opened or used for public purposes.
Real Property Mar. 28, 2007
People v. Dalerio
Kidnapping conviction is proper where defendant deceived child into walking substantial distance for purpose of attack.
Criminal Law and Procedure Mar. 28, 2007
Robertson v. Fleetwood Travel Trailers of California Inc.
Travel trailer owners were entitled to damages where dealer violated refund-or-replace provisions of Song-Beverly Act.
Business Law Mar. 28, 2007
People v. Windham
Motion to suppress is properly denied where inmate impliedly consented to recording of his calls.
Criminal Law and Procedure Mar. 28, 2007
Daugherty v. American Honda Motor Co. Inc.
Car manufacturer was not responsible for latent defects discovered outside term of warranty, thus no breach of express warranty occurred.
Torts Mar. 28, 2007
People v. Bailie
Involuntary commitment is not proper where mentally retarded person was not advised of jury trial right.
Civil Rights Mar. 28, 2007
Western Placer Citizens for an Agricultural and Rural Environment v. County of Placer (Teichert Inc.)
Trial court erred in imposing procedural requirement beyond that expressly stated in California Environmental Quality Act.
Environmental Law Mar. 28, 2007
People v. McDuffie
Involuntary administration of antipsychotic medication is permissible only if it is substantially likely to render defendant competent to stand trial.
Criminal Law and Procedure Mar. 28, 2007
Citizens for Open Government v. City of Lodi (Browman Development Co.)
Non-profit group objecting to approval of use permit to develop shopping center satisfies purposes of exhaustion of administrative remedies doctrine.
Civil Procedure Mar. 28, 2007
Carleisha P., a Minor
Statute making possession of live ammunition crime was violated once by minor who simultaneously possessed three different types of ammunition.
Juveniles Mar. 28, 2007
People v. Brock
Defendant's conviction of theft against elder is not proper where court incorrectly instructed jury on undue influence.
Criminal Law and Procedure Mar. 28, 2007
Marriage of Manfer
Date-of-separation test is whether at least one party intended to end marital relations, as objectively determined by their conduct.
Family Law Mar. 28, 2007
In re Lee
Governor's denial of parole must be supported by some evidence that prisoner's release would unreasonably endanger public safety.
Criminal Law and Procedure Mar. 28, 2007
Marriage of Forrest & Eaddy
Where evidence shows Australia is child's country of habitual residence, denial of mother's petition seeking return of daughter is not proper.
Family Law Mar. 28, 2007
People v. Aleem
Where San Francisco provided appropriate venue, it could consent to having sexual assault case tried in San Mateo.
Criminal Law and Procedure Mar. 28, 2007
People v. Bueno
Where People failed to prove prior conviction for battery with serious bodily injury was serious felony, offense did not qualify as 'strike.'
Criminal Law and Procedure Mar. 28, 2007
Oakland Raiders v. Oakland-Alameda County Coliseum Inc.
In action brought by Oakland Raiders against county coliseum, defendant's motion for judgment notwithstanding verdict on fraud count should have been granted.
Contracts Mar. 28, 2007
Iskenderian v. Iskenderian
Joint ownership of trademark rights is permissible, so long as there is no separation of trademark from business it represents.
Intellectual Property Mar. 28, 2007
Macias v. County of Los Angeles
Officer who did not engage in or facilitate wrongful conduct, of which he was unaware, is not liable for Section 1983 violation.
Civil Rights Mar. 28, 2007
Taylor v. City of Los Angeles Dept. of Water and Power
In action against municipal employer, employee sufficiently stated cause of action for retaliation under both materiality and deterrence tests.
Employment Law Mar. 28, 2007
Valdez v. Himmelfarb
Employers' motion for summary judgment is improperly granted where Labor Code Section 3706 action is subject to three-year limitation period.
Labor Law Mar. 28, 2007
Holbrook v. City of Santa Monica
City councilmen lack standing to pursue claims regarding duration of council meetings, and thus their claims cannot survive anti-SLAPP motion.
Civil Procedure Mar. 28, 2007
Marriage of Geraci
Where evidence was insufficient to prove general partnership existed between husband and wife, post-separation earnings were not community property.
Family Law Mar. 28, 2007
Miller v. Bank of America
Where bank was enjoined from balancing within single account, court's application of case involving setoff against credit card debt is not proper.
Banking Mar. 28, 2007