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Holcombe v. Hosmer
Constitutional claim is claim precluded if it could have been raised at earlier proceedings regarding employment claim arising from same set of facts.
Civil Procedure Mar. 7, 2007
U.S. v. Mendez
Unrelated questions that do not prolong duration of lawful traffic stop need not be supported by separate reasonable suspicion.
Criminal Law and Procedure Mar. 7, 2007
People v. Wilmshurst
In case involving conviction for unlawfully possessing machine gun, defendant's privilege against self-incrimination is not violated and his federal pre-emption argument fails.
Criminal Law and Procedure Mar. 7, 2007
People v. Duarte
Father who takes son on trip to traffic drugs violates Health and Safety Code, even if minor did not participate in actual transport.
Criminal Law and Procedure Mar. 7, 2007
Dyer v. Martinez
Document does not provide constructive notice unless and until it is recorded and can be located by diligent title search.
Real Property Mar. 7, 2007
Yoo v. Jho
Buyer who knew business she bought sold counterfeit goods cannot obtain recovery against seller in action for breach of contract.
Contracts Mar. 7, 2007
People v. Navarro
If insufficient evidence supports conviction for single offense, appellate court may not modify judgment to reflect conviction for two lesser included offenses.
Criminal Law and Procedure Mar. 7, 2007
Taus v. Loftus
Appellate court properly found evidence presented by plaintiff is sufficient to establish prima facie case under intrusion-into-private-matters tort.
Civil Procedure Mar. 7, 2007
Hart v. Autowest Dodge
Under Vehicle Leasing Act, tender and deposit are not prerequisites for defendant who prevails at trial to recover its attorney fees.
Business Law Mar. 7, 2007
Van v. Barnhart
Successful Social Security claimant, enforcing determination to which government consents, timely files for attorney fees within 30 days after appeal period expires.
Administrative Agencies Mar. 7, 2007
U.S. v. Castillo-Basa
If issue of defendant's veracity was decided at prior trial for different offense, later prosecution for perjury is barred by double jeopardy.
Criminal Law and Procedure Mar. 7, 2007
U.S. v. Mejia-Pimental
Defendant who first lies but later proffers truthful information before sentencing fulfills 'good faith' requirement and is eligible for safety valve relief.
Criminal Law and Procedure Mar. 7, 2007
People v. Hernandez
Defendant is not entitled to have jury determine facts upon which trial court relied to impose consecutive sentences.
Criminal Law and Procedure Mar. 7, 2007
Dyer v. Childress
Anti-SLAPP statute does not protect 'Reality Bites' producers where defamation claim based on unflattering portrayal of slacker is not issue of public interest.
Civil Procedure Mar. 7, 2007
Alonso v. Summerville (In re Summerville)
Confirmed Chapter 13 plan does not bar debtor from contesting obligation to pay creditor outside of plan.
Bankruptcy Mar. 7, 2007
California Family Bioethics Council v. California Institute for Regenerative Medicine
Adoption of Proposition 71 is constitutional because there was no violation of 'single-subject' rule, nor misleading content in ballot materials accompanying measure.
Constitutional Law Mar. 7, 2007
U.S. v. Lopez
District court did not abuse its discretion when it denied defendant's motion to sever drug-related counts from other charges.
Criminal Law and Procedure Mar. 7, 2007
Frankfort Digital Services Ltd. v. Kistler (In re Reynoso)
Seller of web-based software that prepares bankruptcy petitions may qualify as 'bankruptcy petition preparer' under 11 U.S.C. Section 110.
Bankruptcy Mar. 7, 2007
Madrigal v. City of Huntington Beach (Landscape by Hiro Inc.)
Issuance of subsequent grading permits for development project are not separate projects under California Environmental Quality Act.
Environmental Law Mar. 7, 2007
Asfaw v. Woldberhan
Depreciation of rental properties may not be deducted for purposes of calculating child support under Family Code Sections 4058 and 4059.
Family Law Mar. 7, 2007
O'Neill v. Novartis Consumer Health Inc.
'People v. Kelly' standard for admission of new scientific methods is inapplicable when only professionalism of method's application is challenged, not methodology itself.
Torts Mar. 7, 2007
County of San Joaquin v. WCAB
Disability benefits for individual injured while on jury duty are calculated based on his earning capacity, not nominal rate paid to jurors.
Workers' Compensation Mar. 7, 2007
People v. Zaidi
Sentencing court must advise defendant that sex offender registration is lifelong obligation during plea colloquy.
Criminal Law and Procedure Mar. 7, 2007
Alcala v. Superior Court (People)
In granting consolidation of five murder cases, trial court erred in failing to individualize its analysis as to each case.
Criminal Law and Procedure Mar. 7, 2007
Whorton v. Bockting
Rule for admissibility of hearsay testimony set forth in 'Crawford v. Washington' does not apply retroactively because it is not watershed rule.
Criminal Law and Procedure Mar. 7, 2007
Jet Source Charter Inc. v. Doherty
Punitive damages must not exceed compensatory damages where aircraft dealer's breach of fiduciary duty causes only economic harm.
Corporations Mar. 7, 2007
Davis v. City of Las Vegas
Summary judgment in favor of officer was in err because any reasonable officer would have know that force he used was excessive.
Civil Rights Mar. 7, 2007
U.S. v. Alvarez-Hernandez
For purposes of sentencing enhancement, defendant's fully suspended and probation sentence does not constitute 'sentence imposed of 13 months or less.'
Criminal Law and Procedure Mar. 7, 2007
Morales v. Gonzales
Order
Mar. 7, 2007
U.S. v. Vartanian
Trial court properly exercises its discretion in dismissing juror for her misconduct outside of jury deliberation room.
Criminal Law and Procedure Mar. 7, 2007