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Name Category Published
Gabriel P. v. Suedi D.
Court improperly declined presumed father claim where voluntary declaration of paternity was executed. 		Family Law Oct. 25, 2006
People v. Ranger Insurance Co.
Denial of surety's motion to exonerate bond is not proper where it has no time constraints to file motion. 		Criminal Law and Procedure Oct. 25, 2006
V.B., a Minor
Where placement order was made in excess of court's jurisdiction, order placing minor in deferred entry of judgment program was properly vacated. 		Juveniles Oct. 25, 2006
Pajaro Valley Water Management Agency v. Amrhein
Water agency's ordinance increasing augmentation fees was proper matter for validation proceeding. 		Government Oct. 25, 2006
Ortega Rock Quarry v. Golden Eagle Insurance Corp.
Pollution exclusion endorsements in insurance policy were not ambiguous and excluded coverage for insured's activities. 		Insurance Oct. 25, 2006
Carter v. Superior Court (People)
Where strict criteria was not satisfied, court could not force offender to undergo drug therapy to restore his competency for trial. 		Criminal Law and Procedure Oct. 25, 2006
Jeffrey M., a Minor
Parent is jointly and severally liable for restitution owed by adult child, if child was 'minor' at time of his offense. 		Juveniles Oct. 25, 2006
Burkle v. Burkle
Based on inspection rights of Corporations Code Section 17453 provided to members of foreign companies, plaintiff is entitled to discovery of financial records. 		Civil Procedure Oct. 25, 2006
American Liberty Bail Bonds Inc. v. Garamendi
Suspension without predeprivation hearing, pursuant to Insurance Code Section 1748.5(e)(1), comports with due process, but applies only to natural persons. 		Constitutional Law Oct. 25, 2006
Farber v. Bay View Terrace Homeowners Association
Where plaintiff was not owner of condominium unit, she lacked standing to enforce CC&R's. 		Real Property Oct. 25, 2006
Estate of Stevenson
Award for attorney fees was properly reduced pursuant to improperly noticed fee agreement that did not qualify as contingency agreement under Probate Code. 		Probate and Trusts Oct. 25, 2006
People v. Vance
Extension of state hospital commitment is not proper where court did not formally instruct jury on defendant's restraints in courtroom. 		Criminal Law and Procedure Oct. 25, 2006
Tijani v. Willis
Under 8 U.S.C. Section 1226(c), two years and four months is not 'expeditious' removal of criminal aliens. 		Immigration Oct. 24, 2006
People v. Viray
While interrogation of offender did violate her right to counsel, its admission into evidence was proper for failure to object. 		Criminal Law and Procedure Oct. 24, 2006
People v. Gomez
Immediate presence requirement of robbery need not be satisfied at time of initial taking of property. 		Criminal Law and Procedure Oct. 24, 2006
Butler-Rupp v. Lourdeaux
Tenant cannot recover for negligent infliction of emotional distress because her damages derive solely from landlord's failure to perform contract obligations. 		Real Property Oct. 24, 2006
In re Koven
Obligation to preserve integrity of judiciary compels finding attorney guilty of direct criminal contempt of appellate court. 		Attorneys Oct. 24, 2006
People v. Hernandez
Trial court erred in ordering two commitments to run concurrently for accused previously found not guilty by insanity. 		Criminal Law and Procedure Oct. 24, 2006
Zwirn v. Schweizer
Plaintiff's creditor's claim pursuant to alleged oral contract constitutes 'contest' prohibited by no-contest clauses in will and trust. 		Probate and Trusts Oct. 24, 2006
Mosley v. San Bernardino City Unified School District
School district was not liable for injuries sustained by student during activity that was not school-sponsored. 		Torts Oct. 24, 2006
Klussman v. Cross Country Bank
In credit cardholder agreement, waiver of right to bring class-wide arbitration was unenforceable under California law. 		Civil Procedure Oct. 24, 2006
U.S. v. Hernandez
Sentence enhancement for illegal reentry was proper because government did not have to prove previous deportation was pursuant to felony conviction. 		Immigration Oct. 24, 2006
U.S. v. Menyweather
Court's downward departure of sentence on basis of offender's mental condition was not abuse of discretion. 		Criminal Law and Procedure Oct. 24, 2006
U.S. v. Speelman
The court properly interpreted sentencing guidelines when it applied four-level enhancement to sexual offender. 		Criminal Law and Procedure Oct. 24, 2006
U.S. v. Willis
Where officers have probable cause to believe traffic violation occurred, they may conduct traffic stop even if stop serves another purpose. 		Criminal Law and Procedure Oct. 24, 2006
Brother Records Inc. v. Jardine
There is no abuse of discretion where federal district court followed state court's ruling in regard to res judicata. 		Civil Procedure Oct. 24, 2006
Environmental Protection Information Center v. U.S. Forest Service
District court erred in granting summary judgment against environmental plaintiffs on claim for wrongful denial of fee waiver under Freedom of Information Act. 		Environmental Law Oct. 24, 2006
Kinsman v. Unocal Corp.
Landowner having no control over condition cannot be liable for injuries inflicted by independent contractor on another contractor's employee. 		Torts Oct. 24, 2006
Baranowicz v. Commissioner of Internal Revenue
Husband who failed to show redressable injury lacked standing to challenge tax court's grant of 'innocent spouse' relief. 		Taxation Oct. 24, 2006
Josephs v. Pacific Bell
Discriminatory refusal to reinstate is separately actionable claim. 		Employment Law Oct. 24, 2006
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