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Name Category Published
Barratt American v. City of Encinitas
Order 		Aug. 27, 2006
People v. Gomez
Order 		Aug. 27, 2006
Jonkey v. Carignan Construction Co.
Where jury found defendant was negligent but that its negligence was not substantial factor in causing harm to plaintiff, judgment is upheld. 		Torts Aug. 27, 2006
Westpac Pacific Food v. Commissioner of Internal Revenue
Cash advances in exchange for volume purchase commitments do not constitute income, as repayment is required if volume commitments are not met. 		Taxation Aug. 27, 2006
Brittain v. Hansen
Police officer is entitled to qualified immunity where plaintiff failed to show that her substantive or procedural due process rights were violated. 		Government Aug. 27, 2006
Opinion of Lockyer
City council can enter subdivision improvement agreement even though council member rents in apartment building that will undergo condominium conversion. 		Government Aug. 27, 2006
Van Sickle v. State Bar
State Bar Rules do not mandate specific disciplinary outcomes, and exceptions can be made to application of standards, despite seemingly mandatory language. 		Attorneys Aug. 27, 2006
Rutherford v. Buckalew
Order 		Aug. 25, 2006
People v. Standish
Order 		Aug. 25, 2006
People v. Carrasco
Firing gun after threat was made and two hours before defendant received money supports allegation of personally discharging firearm during commission of robbery. 		Criminal Law and Procedure Aug. 25, 2006
Consumer Defense Group v. Rental Housing Industry Members
Insufficient notices in Proposition 65 cases require dismissal, and appellate court suggests legal work merited attorney fees award of $1.98. 		Civil Procedure Aug. 25, 2006
Harris v. Investor's Business Daily, Inc.
Demurrer is improperly sustained where Fair Labor Standards Act does not pre-empt claim under California Business and Professions Code. 		Labor Law Aug. 25, 2006
People v. Lopez
Admission of testimony was proper where criminal defendant's privilege not to testify has not been extended to civil commitments. 		Constitutional Law Aug. 25, 2006
Zuniga v. Los Angeles County Civil Service Commission
Court properly upheld county civil service commission's rejection of former deputy sheriff's claim for back pay. 		Civil Procedure Aug. 25, 2006
Zuniga v. Los Angeles County Civil Service Commission
Court properly upheld county civil service commission's rejection of former deputy sheriff's claim for back pay. 		Civil Procedure Aug. 25, 2006
Dawson v. Mahoney
Order 		Aug. 25, 2006
U.S. v. Staffeldt
Wiretap evidence is suppressed where it could not be concluded that wiretap application had been authorized. 		Criminal Law and Procedure Aug. 25, 2006
Tutor-Saliba Corp. v. City of Hailey
Court did not err in awarding defendants fees for defending against frivolous claims, however determination of amount of award must be adequately explained. 		Attorneys Aug. 25, 2006
Pakootas v. Teck Cominco Metals Ltd.
Domestic application of CERCLA is required where hazardous substances were released within United States. 		Environmental Law Aug. 25, 2006
U.S. v. Clark
In unlawful possession of firearm case, resentencing is necessary because it cannot be determined whether court made factual finding to support enhancement. 		Criminal Law and Procedure Aug. 25, 2006
Oregon Trollers Association v. Gutierrez
Fishermen challenging fishery management measures limiting their fishing rights failed to establish violation of Magnuson-Stevens Fishery Conservation and Management Act. 		Environmental Law Aug. 25, 2006
U.S. v. Beng-Salazar
Sentence is not proper where defendant preserved his claim that he has right to resentencing pursuant to advisory sentencing guidelines. 		Criminal Law and Procedure Aug. 25, 2006
Latshaw v. Trainer Wortham & Co. Inc.
Party who accepted offer of judgment driven by her counsel's allegedly erroneous advise was not entitled to relief from judgment. 		Civil Procedure Aug. 25, 2006
U.S. v. Villa-Lara
Order 		Aug. 25, 2006
Reno Air Racing Association v. McCord
Party may not be held in contempt for violating temporary restraining order that failed to comply with required notice and specificity provisions. 		Civil Procedure Aug. 25, 2006
Viacom v. City of Arcata
Order 		Aug. 24, 2006
People v. Alford
Order 		Aug. 24, 2006
Taus v. Loftus
Order 		Aug. 24, 2006
Lolong v. Gonzales
Order 		Aug. 24, 2006
U.S. v. Weber
Penile plethysmograph testing, as condition of supervised release, was imposed without necessary evidentiary record, justification and findings. 		Criminal Law and Procedure Aug. 24, 2006
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