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Name Category Published
People v. Manila
Defendant's double punishment is not proper where evidence did not demonstrate that more than one criminal act occurred pursuant to Penal Code.
Criminal Law and Procedure Sep. 25, 2006
Pizarro v. Superior Court
Order
Sep. 25, 2006
People v. Modiri
Group beating principles in jury instruction did not negate requirement that defendant personally inflict great bodily harm on victim.
Criminal Law and Procedure Sep. 25, 2006
People v. Warner
Defendant is not subject to sentence enhancement where it is not shown that prior crime amounted to serious felony.
Criminal Law and Procedure Sep. 25, 2006
People v. Modiri
Order
Sep. 25, 2006
Safeco Ins. Co v. Burr
Order
Sep. 25, 2006
Fields v. Brown
Order
Sep. 24, 2006
Petropoulos v. Dept. of Real Estate
Where broker pled guilty to misdemeanor battery, Dept. of Real Estate's revocation of license is not proper.
Administrative Agencies Sep. 24, 2006
Opinion of Lockyer
Where prosecutor receives public records request, information from computerized database is not subject to disclosure.
Government Sep. 24, 2006
Joy Road Area Forest and Watershed Association v. California Dept. of Forestry & Fire Protection (Harmony Forest & Land Co.)
Dept. of Forestry erred when it failed to comply with CEQA's notice requirements after adding new information to timber harvest plan.
Environmental Law Sep. 24, 2006
Continental Insurance Co. v. Federal Express Corp.
In case involving claims for loss of cargoes, court erred by applying Original Warsaw Convention where Hague Protocol is treaty in force.
Constitutional Law Sep. 22, 2006
Rose v. Mayberg
In SVP case, writ of habeas corpus is properly denied where finding of complete inability to control one's behavior is not required.
Criminal Law and Procedure Sep. 22, 2006
Franco-Rosendo v. Gonzales
BIA's failure to identify and evaluate favorable factors when it denied petitioners' motion to reopen was abuse of discretion.
Immigration Sep. 22, 2006
U.S. v. Rosenthal
In case involving conviction for violations of Controlled Substances Act, new trial is proper where conversation between juror and attorney involved extraneous information.
Civil Procedure Sep. 22, 2006
U.S. v. McWeeney
Party consented to search by allowing officer to 'look' in car, but officer cannot coerce party into believing consent cannot be revoked.
Criminal Law and Procedure Sep. 22, 2006
U.S. v. Feingold
Two-point reduction under certain U.S.S.G. Section 2D1.1(b)(7) is available to defendants regardless of whether their offense carries mandatory minimum.
Criminal Law and Procedure Sep. 22, 2006
Gu v. Gonzales
Application for asylum is properly denied where petitioner failed to show past or well-founded fear of persecution.
Immigration Sep. 22, 2006
In re R. (Michael)
Order
Sep. 18, 2006
People v. Alice
Order
Sep. 17, 2006
Busseto Foods Inc. v. Laizure (In re Laizure)
Party seeking determination of nondischargeability was not entitled to reinstatement of his claim against debtor.
Bankruptcy Sep. 17, 2006
United Student Funds Inc. v. Wylie (In re Wylie)
In case involving proof of claim based on student loan, motion for reconsideration of order sustaining objection is properly denied.
Bankruptcy Sep. 17, 2006
Ailanto Properties Inc. v. City of Half Moon Bay
Subdivision Map Act limits to five years length of any moratorium-related tolling of expiration of tentative map.
Government Sep. 17, 2006
U.S. v. Howard
Order
Sep. 14, 2006
Olson v. Automobile Club of Southern California
Almost $300,000 is added to attorney fees award where court awarded attorney fees without considering work performed before final statement of decision.
Attorneys Sep. 12, 2006
Thomas v. Duggins Construction Co. Inc.
Court's refusal to apportion plaintiffs' noneconomic damages in favor of intentional tortfeasor is proper under Proposition 51.
Torts Sep. 12, 2006
Mayes v. Bryan
In wrongful death action, defendants invited any instructional error where jury determined that doctor's negligence was cause of death.
Civil Procedure Sep. 12, 2006
O'Grady v. Superior Court (Apple Computer Inc.)
Subpoena to email service provider cannot be enforced consistent with plain terms of federal Stored Communications Act.
Civil Procedure Sep. 12, 2006
People v. Travis
Amendment to California DNA sample collection law applying to any person convicted of any felony did not violate offender's constitutional rights.
Constitutional Law Sep. 12, 2006
Bonner v. County of San Diego
Although former county employees could elect deferred retirement, they do not have right to make further elections which may thereafter be afforded to employees.
Government Sep. 12, 2006
San Lorenzo Valley Community Advocates for Responsible Education v. San Lorenzo Valley Unified School District
School district properly determined that its decision to close two elementary schools is exempt from California Environmental Quality Act.
Environmental Law Sep. 12, 2006