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Name Category Published
Donner Management Co. v. Schaffer
Award of attorney fees in shareholder derivative lawsuit was proper where party was 'prevailing party' under Corporations Code.
Civil Procedure Sep. 7, 2006
Paulus v. Bob Lynch Ford Inc.
Trial court properly granted defendant's special motion to strike malicious prosecution claim under anti-SLAPP statute.
Civil Procedure Sep. 7, 2006
Los Altos El Granada Investors v. City of Capitola
'Substantially advances' formula is not valid method of identifying regulatory takings for which Fifth Amendment requires just compensation.
Constitutional Law Sep. 7, 2006
Marriage of Burkle
Court's order finding post-marital agreement valid was proper where there was no presumption of undue influence from execution of agreement.
Family Law Sep. 7, 2006
San Francisco Fire Fighters v. City & County of San Francisco
Civil Service Commission rule altering method by which San Francisco firefighters are promoted falls under exception to binding arbitration requirement.
Government Sep. 7, 2006
In re Freeman
Habeas petitioner failed to demonstrate that judge and prosecutor assigned to his murder trial colluded to excuse Jewish prospective jurors from jury.
Criminal Law and Procedure Sep. 7, 2006
Francisco W., a Minor
Appellate court upholds practice of limited remands in Indian Child Welfare Act cases to instruct juvenile court to correct notice defect.
Family Law Sep. 7, 2006
Conservatorship of Christopher A.
Procedural due process requires court to obtain proposed conservatee's on-the-record, express consent to terms and consequences of conservatorship.
Constitutional Law Sep. 7, 2006
Mahon v. County of San Mateo
Permit applications were not deemed approved pursuant to Permit Streamlining Act where party failed to provide notice to public for deemed approval.
Government Sep. 7, 2006
Moran v. California Dept. of Motor Vehicles
Writ relief cannot be granted where DMV has no duty to renew vehicle registration without salvage certificate.
Civil Procedure Sep. 7, 2006
People v. Walker
In murder case, evidence of prior sexual assaults to prove propensity was improperly admitted where defendant was not accused of sexual offense.
Criminal Law and Procedure Sep. 7, 2006
Ford v. Polaris Industries Inc.
Doctrine of primary assumption of risk did not preclude injured jet skier from raising defective design claim against manufacturer of watercraft.
Torts Sep. 7, 2006
Totten v. Board of Supervisors of the County of Ventura
Electorate cannot, via initiative, in general law county enact ordinance prescribing minimum future annual budgets for county public safety agencies.
Government Sep. 7, 2006
Drum v. Superior Court of Riverside County
Party claiming judge who imposed multiple sanctions against him was biased presented untimely appeal.
Civil Procedure Sep. 7, 2006
People v. Johnson
Prosecution did not meet its burden of proving justification for warrantless search by presenting affidavit of officer in lieu of live testimony.
Criminal Law and Procedure Sep. 7, 2006
People v. Saunoa
Trial court lacked jurisdiction to retry defendant before issuance of remittitur.
Criminal Law and Procedure Sep. 7, 2006
Ross v. Figueroa
In domestic violence case, court improperly denied party automatic continuance under Family Code when proper notice had not been provided.
Family Law Sep. 7, 2006
Amber R. v. Superior Court (Orange County Social Services Agency)
Biological mother whose parental rights were terminated did not have standing to seek order providing for continued contact with child.
Family Law Sep. 7, 2006
Californians for an Open Primary v. McPherson (California Legislature)
Separate-vote provision in California Constitution is limitation on legislative power to submit constitutional amendments to voters.
Government Sep. 7, 2006
Century Surety Co. v. Polisso
Spouse of named insured is covered under CGL and thus has standing to sue insurer for bad faith failure to defend.
Insurance Sep. 7, 2006
People v. McGee
Defendant was not entitled to have jury decide whether prior Nevada robbery convictions qualified as strikes under California law.
Criminal Law and Procedure Sep. 7, 2006
People ex rel. Dept. of Motor Vehicles v. Cars 4 Causes
Non-profit corporation soliciting donations of motor vehicles engaged in unfair competition and sold vehicles in violation of smog certification requirements.
Business Law Sep. 7, 2006
People v. R.T.P.
Prosecutor improperly disregarded defendant's right to counsel during discussion of potential concessions and during unrelated preliminary hearing.
Criminal Law and Procedure Sep. 7, 2006
Silveira v. County of Alameda
In case involving month-to-month possession, plaintiff had durable possessory interest in property for possessory interest tax purposes.
Taxation Sep. 7, 2006
People ex rel. Strumpfer v. Westoaks Investment #27
Revenue and Taxation Code Section 4985.2(c) does not grant court independent authority to cancel tax penalties.
Taxation Sep. 7, 2006
People v. Baylis
Trial court did not abuse its discretion or violate criminal defendant's right to counsel by denying motion to substitute attorneys.
Attorneys Sep. 7, 2006
Marriage of Seagondollar
Before making custody decision allowing parent to move children out of state, court must allow both parents opportunity to be meaningfully heard.
Family Law Sep. 7, 2006
Stephens v. County of Tulare
Where county employee was not 'dismissed' from his employment, protections of Government Code Section 31725 were not triggered.
Employment Law Sep. 7, 2006
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. 7, 2006
People v. Johnson
Cold hit from DNA database is not subject to 'Kelly-Frye' standard of admissibility when hit is used merely to identify possible suspect.
Criminal Law and Procedure Sep. 7, 2006