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Name Category Published
Geffcken v. D'Andrea
In mold mycotoxins case, exclusion of environmental sampling data was proper because it had minimal probative value pursuant to Evidence Code.
Civil Procedure Aug. 23, 2006
Marriage of Pearlstein
Market value of unsold shares of stock received by business owner from sale of business generally is not income for child support purposes.
Family Law Aug. 23, 2006
Californians for Fair Representation-No on 77 v. Superior Court (Schwarzenegger)
Expenditures meeting statutory definition of independent expenditures should have been reported on 24-hour basis during 90 days before election.
Government Aug. 23, 2006
Rene C., a Minor
Mentally retarded and immature 14-year-old boy with no prior criminal record should be tried as juvenile.
Juveniles Aug. 23, 2006
People v. Accredited Surety and Casualty Co. Inc.
Good cause exists to extend bail bond forfeiture period if surety shows due diligence to locate defendant and bring him into court.
Criminal Law and Procedure Aug. 23, 2006
Wong v. Ohlone College
Under Education Code, university was not required to appoint former dean to faculty position where there was no available position.
Education Aug. 23, 2006
Experian Information Solutions Inc. v. Superior Court (Mellonie Sorensen)
After class certification was denied, trial court erred by approving sections of letter notifying nonparties of their potential legal rights.
Civil Procedure Aug. 23, 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. 23, 2006
Marriage of Kieturakis
Marital settlement agreement between couple strongly supported finding against presumption of undue influence.
Family Law Aug. 23, 2006
Thornburg v. Superior Court (Bactes Imaging Solutions Inc.)
Company that contracts with hospital to respond to patient requests for medical records is bound by Evidence Code Section 1158 cost restrictions.
Civil Procedure Aug. 23, 2006
Andrews v. Foster Wheeler
In asbestos liability case, plaintiff's theory that asbestos 're-entrained' into air is too speculative and summary judgment for defendant was proper.
Torts Aug. 23, 2006
People v. Navarro
Search warrant based on information from alleged attorney's breach of confidentiality need not be quashed.
Criminal Law and Procedure Aug. 23, 2006
People v. Balint
'Dominion and control' clause in search warrant authorizes seizure of open laptop computer since laptop is akin to digital filing cabinet.
Criminal Law and Procedure Aug. 23, 2006
People v. Petrisca
Prosecutor's degree of comfort in trying killer of colleague's mother had no bearing on whether conflict of interest warranting recusal existed.
Criminal Law and Procedure Aug. 23, 2006
People v. Castro
In felony false imprisonment conviction, court erred in failing to instruct on misdemeanor false imprisonment and error was not harmless.
Criminal Law and Procedure Aug. 23, 2006
People v. Najera
Defense attorney's failure to object to prosecutor's misstatements about law was harmless because defendant was not entitled to manslaughter instruction.
Criminal Law and Procedure Aug. 23, 2006
People v. Markley
In stalking case, equal protection principles are not necessarily implicated where defendant was not entitled to transcript of her prior stalking trial.
Criminal Law and Procedure Aug. 23, 2006
People v. Gonzalez
In multiple, unrelated criminal cases, trial court erred when it failed to award defendant any presentence custody credits for second period of confinement.
Criminal Law and Procedure Aug. 23, 2006
Sunset Millennium Associates LLC v. Le Songe LLC
Fourteen page minute order with notice of entry language on page 13 did not comply with requirements of California Rules of Court.
Civil Procedure Aug. 23, 2006
People v. Ryan
Various subdivisions of Penal Code Section 470 set forth different ways of committing forgery and not greater and lesser included offenses.
Criminal Law and Procedure Aug. 23, 2006
Montgomery (Michael) on H.C.
Order
Aug. 23, 2006
People v. Brown
Retrial on counts of aggravated battery and assault was not barred despite People's concession that retrial was improper.
Criminal Law and Procedure Aug. 22, 2006
Nitke v. Gonzales
Order
Aug. 22, 2006
QLT, Inc. v. MA Eye & Ear Infirmary
Order
Aug. 22, 2006
Gonzales v. Carhart
Order
Aug. 22, 2006
Kuperman v. Assessment Appeals Board No. 1, San Diego County (Smith)
Plaintiff's application challenging tax assessor's base year value of his property was untimely brought within four-year limitations period.
Real Property Aug. 22, 2006
U.S. v. Williams
'Intangible rights' theory of mail and wire fraud applied to private individual who breached fiduciary duty owed to vulnerable victim.
Criminal Law and Procedure Aug. 22, 2006
Pietrobon v. Libarle
Four-year statute of limitations for written contract applies where defendant agreed to specific terms in open court.
Contracts Aug. 22, 2006
Barbara R., a Minor
Court's termination of parental rights was proper where record supported court's finding that visitation with mother was detrimental to child.
Native American Affairs Aug. 22, 2006
Alvarado v. Gonzales
Immigration judge's finding of ineligibility for asylum and withholding of removal was proper where petitioner had assisted in persecution.
Immigration Aug. 22, 2006