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Name Category Published
Hoskins v. Hogstad
Court's denial of special motion to strike is proper where hearing date was not within 30 days of service of motion.
Civil Procedure Mar. 1, 2006
Opinion of Lockyer
Physician generally may prescribe for patient medical device that is distributed by company in which physician has ownership interest.
Business Law Feb. 28, 2006
Yarnall v. Four Aces Emporium Inc. (In re Boganski)
Creditor failed to establish that incorrect finance charge was bona fide error.
Bankruptcy Feb. 27, 2006
Gonzales v. O Centro Espirita Beneficente Uniao Do Vegetal
Government has burden to demonstrate compelling interest under Religious Freedom Restoration Act where church's tea used for communion was seized.
Constitutional Law Feb. 23, 2006
Buckeye Check Cashing Inc. v. Cardegna
Challenge to validity of entire contract, and not specifically to arbitration clause, needs to be addressed by arbitrator.
Contracts Feb. 23, 2006
Lance v. Dennis
Mere privity to losing state-court party did not bar later challenge to judgment by nonparty under 'Rooker-Feldman' doctrine.
Civil Procedure Feb. 23, 2006
Ash v. Tyson Foods Inc.
Racial animus may be evidenced by use of the term 'boy' regardless of whether speaker uses racial modifier.
Employment Law Feb. 23, 2006
Ministry of Defense and Support for the Armed Forces of the Islamic Republic of Iran v. Elahi
Court of Appeals' failure to consider whether ministry was 'agency and instrumentality' of Iran for purposes of asset attachment resulted in error.
Civil Procedure Feb. 23, 2006
Fields v. Brown
Defendant failed to show prejudicial constitutional error regarding jury misconduct and counsel performance.
Criminal Law and Procedure Feb. 22, 2006
Williams v. Ornowski, Acting Warden for California State Prison
Order
Feb. 22, 2006
Fernandez-Ruiz v. Gonzales
Order
Feb. 22, 2006
U.S. v. Prime
District court did not abuse its discretion in allowing testimony of expert handwriting analyst.
Criminal Law and Procedure Feb. 22, 2006
Carty v. Nelson
Government may use documentary evidence at civil commitment hearing for sexually violent predator.
Criminal Law and Procedure Feb. 22, 2006
Earp v. Ornoski
Death row inmate is entitled to evidentiary hearing on claims of prosecutorial misconduct and ineffective assistance of counsel.
Criminal Law and Procedure Feb. 22, 2006
League of United Latin v. Perry, Gov. of TX
Order
Feb. 21, 2006
Miguel S., a Minor
Juvenile court made prohibited gift of public funds when it ordered county to pay independent counsel assigned to minor.
Juveniles Feb. 21, 2006
Marriage of Taschen
Principle of forum non conveniens allows dismissal or stay to be sought by motion of 'any party.'
Civil Procedure Feb. 21, 2006
Casa Eva I Homeowners Association v. Ani Construction & Tile Inc.
Notice of judgment lien must include several warning statements to judgment debtor to effectively create lien.
Civil Procedure Feb. 21, 2006
David M., a Minor
Burden of proof is on social services agency to show substantial risk of serious harm to minors at time of dependency hearing.
Juveniles Feb. 21, 2006
People v. Ringo
Defendant's pre-Proposition 21 conviction for making criminal threat qualifies as serious felony.
Criminal Law and Procedure Feb. 21, 2006
Discover Bank v. Superior Court (Boehr)
In credit cardholder agreement, parties' choice of Delaware law is implemented and class action waiver is enforceable.
Civil Procedure Feb. 21, 2006
Navarro v. IHOP Properties Inc.
Franchisor's special motion to strike should have been granted because franchisee's claim was barred by 'litigation privilege.'
Civil Procedure Feb. 21, 2006
Agnew v. State Board of Equalization
Taxpayer was entitled to award of costs as 'prevailing party' under Code of Civil Procedure Section 1032.
Taxation Feb. 21, 2006
Casteel v. County of San Joaquin
County may impose solid waste collection fees on nonresident property owners who have not contracted for such services.
Government Feb. 21, 2006
Rapanos v. United States
Order
Feb. 20, 2006
Holmes v. South Carolina
Order
Feb. 20, 2006
DaimlerChrysler Corp. v. Cuno
Order
Feb. 20, 2006
State Personnel Board v. Dept. of Personnel Administration
Allowing civil service employees to bypass State Personnel Board when challenging disciplinary actions violates California Constitution.
Employment Law Feb. 17, 2006
Black Historical Society v. City of San Diego (Wakeland Housing and Development)
Developers request for dismissal of permit challenge was proper in light of historical society's failure to file opening brief.
Government Feb. 17, 2006
People v. Manriquez
California's sentencing scheme imposing death penalty does not violate Federal Constitution.
Criminal Law and Procedure Feb. 17, 2006