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Name Category Published
TRB Investments Inc. v. Fireman's Fund Insurance Co.
Building being renovated is not 'under construction' as defined in insurance policy. 		Insurance Nov. 16, 2006
Pioneer Electronics v. S.C. (Olmstead)
Order 		Nov. 16, 2006
General Motors Corp. v. Franchise Tax Board
California's dividends-received deduction impermissibly discriminates against interstate commerce. 		Taxation Nov. 16, 2006
Benson v. Kwikset Corp.
False advertising law prohibits distribution of locksets in California with inaccurate country of origin labels. 		Torts Nov. 16, 2006
People v. Pokovich
Prosecution can impeach defendant's testimony with statements made to court-appointed competency evaluators. 		Criminal Law and Procedure Nov. 16, 2006
Schwartz Visa International Service Assn.
Order 		Nov. 16, 2006
Ayers v. Belmontes
Jury instructed with California's former catchall factor was not reasonably likely to disregard mitigating evidence presented at penalty phase of capital trial. 		Criminal Law and Procedure Nov. 16, 2006
McDonald v. Checks-N-Advance Inc. (In re Ferrell)
Trustee failed to establish right to damages or attorney fees based on violations of Truth in Lending Act. 		Bankruptcy Nov. 16, 2006
Dye v. Brown (In re AFI Holding Inc.)
Trustee who is not disinterested due to material conflict of interest may be properly removed for cause. 		Bankruptcy Nov. 16, 2006
People v. Garcia
Collateral estoppel bars state from prosecuting person for welfare fraud who has been exonerated in administrative proceedings. 		Criminal Law and Procedure Nov. 16, 2006
Berglund v. Arthroscopic & Laser Surgery Center of San Diego
Where arbitrator has made discovery determination under Code of Civil Procedure, nonparty may seek judicial review of that order in court. 		Civil Procedure Nov. 16, 2006
North Coast Womens Care Medical Group v. Superior Court (Benitez)
Order 		Nov. 16, 2006
People v. Simmons
Defendant's appearance at trial in shackles constituted prejudicial error. 		Criminal Law and Procedure Nov. 16, 2006
People v. Baker
Court properly limited presentence credits for conviction for non-violent felony. 		Criminal Law and Procedure Nov. 16, 2006
People v. Sarik
Order 		Nov. 16, 2006
People v. Vaughn
Trial court's imposition of consecutive sentences does not usurp jury's fact-finding powers or defendant's due process rights. 		Criminal Law and Procedure Nov. 16, 2006
People v. Davey
Defendant whose single act of indecent exposure is witnessed by two children simultaneously can only be punished for one count. 		Criminal Law and Procedure Nov. 16, 2006
People v. Jaffe
Possession of cocaine is lesser included offense of armed possession of cocaine. 		Criminal Law and Procedure Nov. 16, 2006
People v. Fernandez
Defendants are guilty of conspiracy and commercial burglary despite being thwarted in attempt to steal computer monitors. 		Criminal Law and Procedure Nov. 16, 2006
People v. Wagener
California's determinate sentencing scheme permits aggravating factors for upper term without being proven to jury. 		Criminal Law and Procedure Nov. 16, 2006
People v. Dalby
Trial court is not required to have jury decide which of alternative convictions should stand. 		Criminal Law and Procedure Nov. 16, 2006
People v. Picado
Trial judge can impose upper term without jury finding aggravating factors. 		Criminal Law and Procedure Nov. 16, 2006
McRae v. Dept. of Corrections
African-American physician failed to establish employment bias or retaliation by state prison. 		Employment Law Nov. 16, 2006
People v. Giordano
Ordering defendant to pay restitution to victim's wife did not violate original plea agreement. 		Criminal Law and Procedure Nov. 16, 2006
People v. Nelson
Where 26-year delay in prosecuting rape suspect was result of insufficient evidence and limited forensic technology, due process violation did not occur. 		Criminal Law and Procedure Nov. 16, 2006
Welcher v. WCAB
Repeal of Labor Code Section 4750 and enactment of Section 4663 and 4664 did not affect apportionment method of permanent disability benefits. 		Employment Law Nov. 16, 2006
First Federal Bank of California v. Superior Court (Prestige of Beverly Hills Inc.)
Where re-examination of issue previously in controversy was required, proceeding was considered retrial and party's peremptory challenge should have been allowed. 		Civil Procedure Nov. 16, 2006
Red Mountain LLC v. Fallbrook Public Utility District
Ambiguous grant from public entity to private party is construed to only pass rights and interests expressly embraced in its terms. 		Real Property Nov. 16, 2006
Johnson v. Superior Court (Rosenthal)
In medical malpractice case, doctors' expert declaration was insufficient to establish that they acted within standard of care. 		Civil Procedure Nov. 16, 2006
Pettigrew v. WCAB
Prison officer was not injured within course and scope of employment when he stopped to render aid at accident scene. 		Workers' Compensation Nov. 16, 2006
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