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Name Category Published
Operating Engineers Local Union No. 3 v. Newmont Mining Corp.
Parties contracted to arbitrate significant question of fact regarding incident that may have taken place before collective bargaining agreement expired.
Civil Procedure Mar. 14, 2007
Alcala v. Corcoran
Public entity with written policy governing vehicular pursuits that provides sufficient criteria to channel officer discretion has immunity from liability in tort actions.
Government Mar. 14, 2007
Shah v. McMahon
Challenging order awarding attorney fees to prevailing party on motion to expunge requires petition for writ of mandate, not appeal.
Civil Procedure Mar. 13, 2007
California School Employees Association, Tustin Chapter No. 450 v. Tustin Unified School District
School district may not use existing employee as substitute for temporarily absent employee, and deduct that employee's pay from absent employee's salary.
Education Mar. 13, 2007
Aquila Inc. v. Superior Court (City and County of San Francisco)
Exercise of jurisdiction over foreign parent company is improper if parent lacks sufficient minimum contacts within state, and representative services doctrine is inapplicable.
Civil Procedure Mar. 13, 2007
Levitz v. The Warlocks
Tentative settlement agreement with open material terms is not binding settlement on parties permitting court to dismiss underlying action.
Civil Procedure Mar. 13, 2007
In re Needles Cases
Party in coordinated action who successfully challenges summary judgment on appeal may later exercise peremptory challenge of judge presiding over coordinated proceedings.
Judges Mar. 13, 2007
Fogarty v. City of Chico
Where city precluded residential use of lot, applicable statute of limitations is codified in Subdivision Map Act rather than Mitigation Fee Act.
Government Mar. 13, 2007
People v. Dulan
Requiring oral copulators to register as sex offenders while exempting sexual fornicators of same-age minors violates equal protection.
Constitutional Law Mar. 13, 2007
People v. Catley
Caretaker who uses patient's money to buy SUV commits larceny and is not denied due process by instruction regarding impaired witness' credibility.
Criminal Law and Procedure Mar. 12, 2007
Lowdermilk v. United States Bank National Assoc.
Party seeking removal must prove to legal certainty that amount in controversy jurisdictional requirement is satisfied, notwithstanding lower amount stated in complaint.
Civil Procedure Mar. 9, 2007
Ohel Rachel Synagogue v. United States
Government need not disgorge interest earned on seized currency where it does not initiate judicial forfeiture proceedings.
Civil Procedure Mar. 9, 2007
Incalza v. Fendi North America Inc.
State law is not pre-empted if employer can comply with both its prohibition on discharging illegal alien employees without cause and federal immigration law.
Government Mar. 9, 2007
Sarausad v. Porter
Instruction is unconstitutional if its ambiguity creates reasonable likelihood that juries will apply instruction in manner that relieves state of its burden of proof.
Criminal Law and Procedure Mar. 9, 2007
U.S. v. Lewellyn
Intentionally spitting on male patient is offensive touching that rises to level of simple assault under theory of attempted battery.
Criminal Law and Procedure Mar. 9, 2007
Trustees of the Construction Industry and Laborers Health and Welfare Trust v. Hartford Fire Insurance Co.
Order
Mar. 9, 2007
People v. Perez
Motion for constructive filing of late statement of reasonable grounds for appeal is denied where statement raises 'clearly frivolous' issue.
Criminal Law and Procedure Mar. 9, 2007
U.S. v. Fort
Order
Mar. 9, 2007
People v. Dixon
Jury properly finds defendant to be sexually violent predator where presence of camera and reporters in courtroom did not adversely affect trial.
Criminal Law and Procedure Mar. 9, 2007
Sinaiko Healthcare Consulting Inc. v. Pacific Healthcare Consultants
Service of untimely response to interrogatories does not divest trial court of its authority to hear and grant motion to compel response.
Civil Procedure Mar. 9, 2007
Kouri v. Superior Court (BDO Seidman)
If auditors' deviations from generally accepted accounting principles raises inference of fraud or recklessness, it also raises triable issue for investors misrepresentation claim.
Civil Procedure Mar. 9, 2007
People v. James
Conviction of kidnapping for robbery is proper where outdoor maintenance worker was forced inside club at gunpoint.
Criminal Law and Procedure Mar. 9, 2007
Faith Center Church Evangelistic Ministries v. Glover
Prohibiting faith center's religious worship services from public library meeting room was permissible exclusion of speech that did not violate First Amendment.
Constitutional Law Mar. 9, 2007
Opinion of Brown
General manager of municipal water district and city manager may serve on county water authority board as representative of member agency.
Government Mar. 9, 2007
People v. Villa
Coram nobis writ is properly denied where improper advice as to immigration status amounts to mistake of law, not mistake of fact.
Criminal Law and Procedure Mar. 9, 2007
People v. Santos
Defendant's inability to speak to jury after trial, due to juror's post-verdict departure through private corridor, does not violate due process.
Criminal Law and Procedure Mar. 9, 2007
Robert A., a Minor
Agency aware of Indian child's heritage must notify tribe of dependency proceedings under Indian Child Welfare Act.
Family Law Mar. 9, 2007
People v. Price
Belated petition to extend defendant's commitment must afford him time to prepare for trial before his release date, to comport with due process.
Criminal Law and Procedure Mar. 9, 2007
People v. Clarke
Order
Mar. 9, 2007
People v. Tinajero
Order
Mar. 9, 2007