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Name Category Published
Sakarias on Habeas Corpus
Order
Feb. 3, 2006
Kristine H. v. Lisa R.
Same-sex parent is entitled to assert parentage under gender-neutral application of Uniform Parentage Act.
Family Law Feb. 3, 2006
Snowney v. Harrahs Entertainment
Order
Feb. 3, 2006
Chaker v. Crogan
Selective sanction imposed by California Penal Code provision was impermissibly viewpoint-based.
Criminal Law and Procedure Feb. 3, 2006
ASP Properties Group v. Fard Inc.
Absent express language in lease agreement, tenant was not required to replace dilapidated roof.
Contracts Feb. 3, 2006
Rosas v. Nielsen
Circumstances of inmate's crime and his psychiatric reports constituted evidence with sufficient reliability to support denial of parole.
Criminal Law and Procedure Feb. 3, 2006
Native Ecosystems Council v. U.S. Forest Service
Forest Service did not violate National Environmental Policy Act when it offered sufficient analysis of cumulative impacts of its project.
Environmental Law Feb. 3, 2006
Clemens v. District Court (U.S.)
Where threat was not intended against entire bench, offender may not seek to disqualify all judges in district from presiding over his case.
Criminal Law and Procedure Feb. 3, 2006
County of El Dorado v. Dept. of Transportation
Environmental impact report must provide details about individual impact on air quality of proposed casino and interchange project.
Environmental Law Feb. 3, 2006
Salvador M., a Minor
Sibling bond exception would not apply if maternal grandparents adopted minor.
Juveniles Feb. 3, 2006
Yount v. City of Sacramento
Offender's civil rights claim was not barred by no contest plea to obstructing officer from his lawful duties.
Criminal Law and Procedure Feb. 3, 2006
People v. Sanborn
Court may discard partial verdicts after excusing juror and instruct reconstituted jury to begin deliberations anew.
Criminal Law and Procedure Feb. 3, 2006
U.S. v. Labrada-Bustamante
Validity of 'Miranda' waiver depends on totality of circumstances.
Criminal Law and Procedure Feb. 3, 2006
First Aid Services of San Diego Inc. v. California Employment Development Dept.
Employer's writ of administrative mandamus challenge to state agency's decision regarding employee's eligibility for unemployment compensation is barred.
Civil Procedure Feb. 3, 2006
Coburn v. Sievert
Evidence of psychiatrist's negligence was insufficient to create question of fact as to his subjective belief concerning need for treatment.
Torts Feb. 3, 2006
Smith v. Bennett Inc.
Statute tolling limitations period for medical malpractice action did not apply to claim for enhanced remedies under Elder Abuse Act.
Torts Feb. 3, 2006
McCrary Construction Co. v. Metal Deck Specialists Inc.
Actively negligent contractor is not entitled under terms of contract to indemnity by subcontractor.
Contracts Feb. 3, 2006
People v. Dodd
Parole report used in MDO proceedings failed to provide reliable evidence to support diagnosis of pedophilia.
Criminal Law and Procedure Feb. 3, 2006
Greka Integrated Inc. v. Lowrey
Party who agrees to scheduling of hearing on motion to strike after deadline may not later object to its timeliness.
Civil Procedure Feb. 3, 2006
Leon S., a Minor
Requiring notice of suspension be served on accused by registered or certified mail is element of offense under Penal Code provision.
Juveniles Feb. 3, 2006
Conservatorship of Kayle
Under Elder Abuse and Dependent Adult Civil Protection Act, probate court has jurisdiction over elder abuse case.
Conservatorship Feb. 3, 2006
Osman v. Appellate Division of the Superior Court of Los Angeles County (People)
Defendant who failed to object to order allowing People 33 days to amend defective complaint forfeits right to 10-day filing period.
Criminal Law and Procedure Feb. 3, 2006
Marriage of Schmir
Court abused its discretion when it failed to afford wife fair advance notice of termination of spousal support.
Family Law Feb. 3, 2006
Figueroa v. Northridge Hospital Medical Center
Order denying leave to amend complaint is not appealable, unless it has effect of eliminating all issues between parties.
Civil Procedure Feb. 3, 2006
The Santa Anita Companies Inc. v. Westfield Corp. Inc.
Action to reform grant deeds based upon error in title report does not accrue until mistake is discovered.
Real Property Feb. 3, 2006
Moldo v. Ash (In re Thomas)
During review, Bankruptcy Appellate Panel erroneously excluded relevant findings relating to bankruptcy court's judgment.
Bankruptcy Feb. 3, 2006
Cicairos v. Summit Logistics Inc.
Where employer has failed to keep records required by statute, consequences for such failure should fall on employer, not employee.
Employment Law Feb. 3, 2006
Saville v. Sierra College
Assumption of risk doctrine applies to activities or sports where dangerous conditions or conduct are integral part of activity or sport.
Torts Feb. 3, 2006
Sierra Club v. California Coastal Commission (Catellus Residential Group)
Coastal commission acted correctly when it confined its analysis of project to environmental impacts of portion of project inside coastal zone.
Environmental Law Feb. 3, 2006
Cronus Investments Inc. v. Concierge Services
Trial court properly stayed arbitration pending outcome of court action.
Civil Procedure Feb. 3, 2006