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Name Category Published
People v. Chance
Order
Dec. 7, 2006
Hayes v. Superior Court (Hastings)
Order
Dec. 7, 2006
People v. Lamas
Order
Dec. 7, 2006
Barratt American Inc. v. City of Encinitas
Court erroneously applied 120-day limitations period to claim that city improperly increased building permit fees without proper approval.
Civil Procedure Dec. 7, 2006
People v. Butler
Trial court's erroneous reliance on non-recidivist aggravating factors to impose upper term sentence is harmless.
Criminal Law and Procedure Dec. 7, 2006
Jacob B. v. Shasta County
Order
Dec. 7, 2006
North Bay Construction Inc. v. City of Petaluma
Contractor may not impose mechanic's lien on municipal property nor recover for improvements made pursuant to contract with lessor of property.
Government Dec. 7, 2006
AmerUS Life Insurance Co. v. Bank of America
In case regarding issuance of fraudulent insurance policies, three-year statute of limitations bars insurer's conversion claim against bank.
Civil Procedure Dec. 7, 2006
In re Schmidt
California Youth Authority may not release on parole person committed under Section 1800 of Welfare and Institutions Code.
Criminal Law and Procedure Dec. 7, 2006
Correll v. Ryan
Defendant has right to new penalty phase trial where his attorney failed to present mitigating evidence.
Criminal Law and Procedure Dec. 7, 2006
DBSI/TRI IV v. United States
Where tenants filed Administrative Procedure Act claim, court improperly relied on case involving quiet title action as basis for granting summary judgment.
Government Dec. 7, 2006
Racusin v. American Wagering Inc. (In re American Wagering Inc.)
Claim against debtor in form of money judgment is regarded as debt of creditor, not as suit by shareholder subject to subordination.
Bankruptcy Dec. 7, 2006
Morgan v. Morgensen
Where prisoner's thumb was torn off at prison job, motion for summary judgment based on qualified immunity is properly denied.
Prisoners Rights Dec. 7, 2006
AmerisourceBergen Corp. v. Dialysist West Inc.
District court did not err in holding plaintiff had no legal right to set-off particular claims against its other contractual claims.
Contracts Dec. 7, 2006
Galeana-Mendoza v. Gonzales
Because convictions for battery were not 'crimes involving moral turpitude,' alien was eligible for cancellation of removal on that ground.
Immigration Dec. 7, 2006
Bates v. United Parcel Service
In class action where district court found employment discrimination under ADA, this does not automatically lead to finding Unruh Act violation.
Employment Law Dec. 7, 2006
O'Donnell v. Vencor Inc.
Statute of limitations for claims brought under Equal Pay Act may be subject to equitable tolling.
Civil Procedure Dec. 7, 2006
Tillamook Country Smoker Inc. v. Tillamook County Creamery Association
Trademark owner who had knowledge of party's labels and sales for 25 years, is barred by laches from making claims of trademark infringement.
Intellectual Property Dec. 7, 2006
State of Idaho v. Shoshone-Bannock Tribes
Tribes have right to mandatory amendment of compact permitting them to conduct tribal video gaming.
Native American Affairs Dec. 7, 2006
Plumlee v. Del Papa
Distrust arising from defendant's objectively reasonable belief that counsel is leaking information provides basis for substitution of counsel.
Criminal Law and Procedure Dec. 7, 2006
U.S. v. Hungerford
Sufficient evidence supports convictions where defendant helped plan robberies and accepted money from each crime.
Criminal Law and Procedure Dec. 7, 2006
Glanton v. AdvancePCS Inc.
ERISA plan participants who have not suffered any cognizable injury lack standing to sue plan fiduciaries for breach of duty.
Employment Law Dec. 7, 2006
U.S. v. Nguyen
Misdemeanor nolo contendere convictions are not sufficient to support conviction for violating terms of release under supervision.
Criminal Law and Procedure Dec. 7, 2006
People v. Lewis
Order
Dec. 7, 2006
Sacramento Police Officers Association v. City of Sacramento
Order
Dec. 7, 2006
Anderson on Habeas Corpus
Order
Dec. 7, 2006
Hempstead on Habeas Corpus
Order
Dec. 7, 2006
People v. Dominguez
Defendant arguing actual consent is not entitled to instruction on 'Mayberry' rape defense, nor nonkiller felony-murder liability, once convicted of underlying rape.
Criminal Law and Procedure Dec. 7, 2006
People v. Lewis
Defendants, convicted of murder and sentenced to death, are not entitled to relief on their 'Batson-Wheeler' claims.
Criminal Law and Procedure Dec. 7, 2006
Varian Medical Systems Inc. v. Delfino
Former employees who posted derogatory messages on Internet about employer are liable for defamation.
Constitutional Law Dec. 7, 2006