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Name Category Published
People v. Sanchez
Under Penal Code Section 22, defense evidence of voluntary intoxication may not be used to negate implied malice.
Criminal Law and Procedure Oct. 17, 2006
Bullock v. Philip Morris USA Inc.
Extreme reprehensibility of tobacco company's conduct justifies 33-to-1 ratio of punitive damages to compensatory damages.
Torts Oct. 17, 2006
U.S. v. Bahamonde
Exclusion of government agent's testimony because defendant failed to comply with Dept. of Homeland Security's regulation violated defendant's due process rights.
Criminal Law and Procedure Oct. 17, 2006
People v. Perry
On automatic appeal, capital defendant's challenges to burden of proof and his absence from bench conference were denied.
Criminal Law and Procedure Oct. 17, 2006
U.S. v. Huerta-Pimental
Original imposition of supervised release as part of sentence, and court's revocation of supervised release with additional term of imprisonment, were constitutional.
Criminal Law and Procedure Oct. 17, 2006
Yepez-Razo v. Gonzales
In removal case, petitioner should have been protected Family Unity beneficiary from date that her application was filed.
Immigration Oct. 17, 2006
Marriage of Cauley
Where former wife was convicted of intraspousal domestic violence, husband's motion to terminate spousal support to her is properly granted.
Family Law Oct. 17, 2006
U.S. v. Lopez-Torres
Defendant's sentence enhancement is proper where his conviction for shooting at occupied vehicle is categorically crime of violence under U.S. Sentencing Guidelines.
Criminal Law and Procedure Oct. 17, 2006
U.S. v. Romero-Martinez
'Obliterated' means to have 'removed completely' under U.S. Sentencing Guidelines section addressing serial numbers on guns.
Criminal Law and Procedure Oct. 17, 2006
U.S. v. Miranda-Guerena
In drug trafficking case, traffic stop that precipitated government's search and seizure was supported by reasonable suspicion of traffic violation.
Criminal Law and Procedure Oct. 17, 2006
Vanessa M., a Minor
Although father failed to appear for several court dates in multi-jurisdictional hearing, barring his testimony violated his due process rights.
Juveniles Oct. 17, 2006
Stevenson Real Estate Services Inc. v. CB Richard Ellis Real Estate Services Inc.
Party's first amended complaint failed to plead wrongful conduct in support of interference with prospective economic advantage cause of action.
Civil Procedure Oct. 17, 2006
Drebick v. Olympia
Order
Oct. 17, 2006
Evans v. Berkeley, CA
Order
Oct. 17, 2006
Kroncke v. Hood
Order
Oct. 17, 2006
U.S. v. Vidal
Order
Oct. 17, 2006
U.S. v. Jose D.L.
Where record does not show violation of Juvenile Delinquency Act was harmless error, remand to district court is appropriate.
Juveniles Oct. 17, 2006
Wanland v. Law Offices of Mastagni, Holstedt & Chiurazzi
Prevailing party to anti-SLAPP motion can recover costs for appeal and challenge to plaintiff's attempt to stay enforcement of judgment pending appeal.
Civil Procedure Oct. 17, 2006
Kenna v. District Court for the Central District (United States)
Crime Victims Rights Act does not confer general right for victims to obtain disclosure of pre-sentence report.
Criminal Law and Procedure Oct. 17, 2006
Thomas v. Gustafson
Surviving spouse's assets may be considered in determining whether principal of trust can be invaded to provide for her support.
Probate and Trusts Oct. 17, 2006
Brassfield v. Moreland Schooll District
Presence of alternate juror during deliberations was not reversible per se error and because presumption of prejudice was overcome it was harmless error.
Civil Procedure Oct. 17, 2006
Consumer Advocacy Group Inc. v. Kintetsu Enterprises of America
Court erred when it failed to evaluate whether negotiated settlement agreement for Proposition 65 claims served public interest.
Torts Oct. 17, 2006
RLI Insurance Co. v. CNA Casualty of California
Excess insurer has no equitable subrogation claim against primary insurer where there was no excess judgment against insured.
Insurance Oct. 17, 2006
SEC v. Capital Consultants
Where parties failed to obtain direction for entry of judgment pursuant to FRCP Section 54(b), court lacked jurisdiction over their appeal.
Securities Oct. 17, 2006
County of San Diego v. Grossmont-Cuyamaca Community College District
Community College is authorized to spend public funds to mitigate off-campus traffic impact of development.
Environmental Law Oct. 17, 2006
Bustamante v. Intuit Inc.
Contractual relationship between parties did not exist where essential terms concerning funding were not detailed.
Contracts Oct. 17, 2006
Stavropoulos v. Superior Court (Stavropoulos)
Malicious prosecution action is subject to two-year statute of limitation under catch-all provision of Civil Code Section 335.1.
Civil Procedure Oct. 17, 2006
Bougere v. County of Los Angeles
Dismissal in favor of county was proper where sheriff, by establishing policies for placement of inmates, was state official immune from liability.
Government Oct. 17, 2006
Ignacio v. Judges of the United States Court of Appeals for the Ninth Circuit
When litigant indiscriminately sues all justices in Ninth Circuit, rule of necessity applies and no disqualification of justices is required.
Judges Oct. 17, 2006
People v. Jordan
Structuring error in sentencing pursuant to plea bargain may be reviewed on appeal if agreement was for maximum sentence, not specified sentence.
Criminal Law and Procedure Oct. 17, 2006