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Name Category Published
People v. Mojica
Existence of tax deficiency is required element of felony income tax evasion offense under state law.
Taxation Sep. 7, 2006
Pinto v. City of Visalia
Officer's failure to report relationship between minor and adult did not violate department guidelines when information was not received in professional capacity.
Government Sep. 7, 2006
Manta Management Corp. v. City of San Bernardino
City's act of obtaining injunction to enforce unconstitutional ordinance against adult cabaret violated First Amendment.
Constitutional Law Sep. 7, 2006
Anthony C., a Minor
Evidence was insufficient to support extended commitment of sexual offender and retrial is barred by Welfare and Institutions Code Section 1801.5.
Juveniles Sep. 7, 2006
Benson v. California Coastal Commission
Notice of hearing was adequate where developer could not reasonably rely on predictions of California Coastal Commission's staff.
Administrative Agencies Sep. 7, 2006
People v. Fraser
Right to self-representation did not extend to defendant in SVPA proceeding.
Criminal Law and Procedure Sep. 7, 2006
In re Kerry K.
Minor was entitled to be released from detention once juvenile court continued case for more than seven days.
Juveniles 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
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
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
People v. Gonzalez
Under Penal Code Section 12022.53(f) only one firearm sentencing enhancement may be imposed, and any additional enhancements must be stricken, not stayed.
Criminal Law and Procedure Sep. 7, 2006
Richards v. Dept. of Alcoholic Beverages Control
Purchase of assets of restaurant and bar does not transfer original alcoholic beverage license to new owner.
Administrative Agencies Sep. 6, 2006
Preciado v. Wilde
Co-tenant failed to establish title by adverse possession where he never excluded other co-tenant from property.
Real Property Sep. 6, 2006
Conservatorship of Hume
Court's approval of conservator's accounting is not proper where accounting failed to list out-of-state property as asset of estate.
Probate and Trusts Sep. 6, 2006
Deveny v. Entropin Inc.
Triable issues of material fact exist about whether class alleging securities violations against pharmaceutical company had constructive notice of facts underlying complaint.
Securities Sep. 6, 2006
People v. Avila
Capital defendant's claims of error in guilt and penalty phases of trial did not warrant reversal of murder conviction.
Criminal Law and Procedure Sep. 6, 2006
V.C. v. Los Angeles Unified School District
Timeliness of claim against public entity for childhood sexual abuse is governed by Tort Claims Act, not Code of Civil Procedure.
Torts Sep. 6, 2006
People v. McSherry
In case involving attempt to annoy or molest child, prosecution of defendant was untimely where absent prior conviction, underlying offense was misdemeanor.
Criminal Law and Procedure Sep. 6, 2006
Kim v. Yi
Heirs seeking apportionment of award in wrongful death action did not have right to jury trial.
Torts Sep. 6, 2006
Tien v. Superior Court (Tenet Healthcare Corp.)
Compelled disclosure of names and contact information of putative class members violates privacy rights of members who contacted plaintiffs' counsel.
Civil Procedure Sep. 6, 2006
Ali A., a Minor
Where juvenile ward was allowed to remain in parents' custody, there was no need to set maximum term of confinement.
Juveniles Sep. 6, 2006
Slintak v. Buckeye Retirement Co.
Where last lis pendens was recorded in 1999, within 10-year time period under Civil Code Section 882.020, statute of limitations has not run.
Real Property Sep. 6, 2006
Simpson v. AOL Time Warner Inc.
In securities case, complaint was properly dismissed where it failed to allege that false appearance was created to further scheme to defraud.
Securities Sep. 6, 2006
Kumar v. Gonzales
Improper inclusion of footnote in BIA's streamlined affirmance of immigration judge's decision was harmless error where petitioner could not show prejudice.
Immigration Sep. 6, 2006
Sosa v. DIRECTV Inc.
Prelitigation communications demanding settlement of legal claims are afforded protection of 'Noerr-Pennington' doctrine.
Civil Procedure Sep. 6, 2006
U.S. v. Knows His Gun
In child sexual assault case, sentencing enhancements under U.S. Sentencing Guidelines are proper where court stated it would not be bound by guidelines.
Criminal Law and Procedure Sep. 6, 2006
Lincoln Fountain Villas Homeowners Association v. State Farm Fire & Casualty Insurance Co.
In breach of insurance contract case, court properly granted summary judgment for insurance company where company paid agreed upon damage figure.
Insurance Sep. 6, 2006
U.S. v. Chief
Defendant's indictment was timely under 2003 amended statute of limitations for sexual abuse crimes, which allows prosecution during life of child.
Criminal Law and Procedure Sep. 6, 2006
Californians for Alternatives to Toxics v. California Dept. of Pesticide Regulation (Dow AgroSciences)
California Dept. of Pesticide Regulation's compliance with applicable statutes and regulations constitutes CEQA compliance.
Environmental Law Sep. 6, 2006
Warre v. Commissioner of the Social Security Administration
Child is no longer eligible for disability benefits even though child still suffers from disorder that previously rendered him disabled.
Government Sep. 6, 2006