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Name Category Published
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 Dec. 6, 2006
County of Colusa v. California Wildlife Conservation Board
Where county was successful party with respect to procedural claim against state agencies, it was entitled to award of attorney fees.
Civil Procedure Dec. 6, 2006
Sanchez v. City of Modesto
Challenge to California Voting Rights Act of 2001 is rejected where statute is nondiscriminatory and passes rational basis review.
Constitutional Law Dec. 6, 2006
Ethan G., a Minor
Sexually abusive father may not return to family home until juvenile court determines child will not be endangered by unmonitored contact.
Juveniles Dec. 6, 2006
Calvert v. County of Yuba (Western Aggregates LLC)
Vested rights determination concerning entity's surface mining operation was subject to procedural due process requirements of reasonable notice.
Government Dec. 6, 2006
Snow-Erlin v. United States
Claim for negligent miscalculation of parole release date amounted to false imprisonment claim that was barred by Federal Tort Claims Act.
Criminal Law and Procedure Dec. 6, 2006
Banda v. Richard Bagdasarian Inc.
Order
Dec. 6, 2006
People v. German
Order
Dec. 6, 2006
Allen v. Gold Country Casino
Extension of sovereign immunity to casino is proper where it is owned and operated by tribe.
Native American Affairs Dec. 6, 2006
American Federation of Government Employees v. Principi
District court may review petition by Veterans Affairs employee even though another court has exclusive jurisdiction over claims involving employees like him.
Administrative Agencies Dec. 6, 2006
R. Williams Construction Co. v. Occupational Safety & Health Review Commission
Evidence of broad neglect of safety is sufficient to support multiple OSHA violations, following fatal cave-in accident at construction site.
Administrative Agencies Dec. 6, 2006
U.S. v. District Court (Harrod)
Court was required to obtain government's consent prior to ordering non-jury trial at criminal defendants' request.
Criminal Law and Procedure Dec. 6, 2006
U.S. v. Rodriquez
Motion to suppress firearm is properly denied where search was performed pursuant to valid consent.
Criminal Law and Procedure Dec. 6, 2006
Ilio 'ulaokalani Coalition v. Rumsfeld
Environmental impact statements prepared by Army in effort to modernize its forces were inadequate for failure to consider reasonable alternatives.
Government Dec. 6, 2006
U.S. v. Nichols
Sentencing enhancement based on defendant's use or possession of firearm in connection with another felony offense is proper.
Criminal Law and Procedure Dec. 6, 2006
People v. Akao
Order
Dec. 6, 2006
Vedanta Society of Southern California v. California Quartet Ltd.
Environmental group is not entitled to attorney fees for successfully halting housing development project.
Civil Procedure Dec. 6, 2006
Jasmine Networks Inc. v. Marvell Semiconductor Inc.
Court erred in refusing to consider contents of voicemail when crime-fraud exception to attorney-client privilege applied.
Intellectual Property Dec. 6, 2006
In re Sheena K.
Order
Dec. 6, 2006
People v. Kendrick
Defendant convicted of Proposition 36 crime may enter into plea bargain that permits sentencing under determinate sentencing law.
Criminal Law and Procedure Dec. 6, 2006
People v. Cage
Order
Dec. 6, 2006
People v. Lowe
Order
Dec. 6, 2006
U.S. v. Carty
Order
Dec. 6, 2006
Oregon Natural Desert Association v. U.S. Forest Service
USFS' issuance of annual operating instructions to grazing permit holders constitutes final agency action, subject to judicial review under Administrative Procedure Act.
Administrative Agencies Dec. 6, 2006
Roy v. Lampert
Where habeas petitioners made sufficient allegations that they pursued claims diligently, they are entitled to evidentiary hearing on issue of equitable tolling.
Criminal Law and Procedure Dec. 6, 2006
Zavala v. Scott Brothers Dairy Inc.
Denial of petition to compel arbitration is proper where plaintiffs' claims do not arise under collective bargaining agreement.
Civil Procedure Dec. 6, 2006
Hemady v. Long Beach Unified School District
Where student was injured during golf class, prudent person standard applied to determine school district's and coach's potential liability.
Torts Dec. 6, 2006
Huynh v. Chase Manhattan Bank
Applying appropriate choice-of-law rules, claims of Vietnamese bank depositors seeking to recover lost funds made in foreign banks were time-barred.
Civil Procedure Dec. 6, 2006
People v. Cruz
Order
Dec. 5, 2006
Edwards v. Arthur Andersen, LLP
Order
Dec. 5, 2006