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Name Category Published
People v. Smith
Evidence of defendant's mental illness may be admitted as aggravating factor if it relates to circumstances of crime.
Criminal Law and Procedure Feb. 2, 2006
Daniels v. Woodford
Convict sentenced to death was denied constitutional right to counsel at both guilt and penalty phases of trial.
Criminal Law and Procedure Feb. 2, 2006
I.G., a Minor
Indian Child Welfare Act notice requirement is not met by correspondence sent to tribes but not introduced in evidence.
Family Law Feb. 2, 2006
Gonzales v. Oregon
Controlled Substances Act does not allow Attorney General to prohibit physician-assisted suicide permitted under Oregon law.
Constitutional Law Feb. 1, 2006
Allen v. Ornoski
Order
Feb. 1, 2006
Wachovia Bank, National Association v. Schmidt
For purposes of diversity jurisdiction, federally chartered national bank is citizen only of state in which its main office is located.
Civil Procedure Feb. 1, 2006
Will v. Hallock
Collateral order doctrine does not apply where asserted right against trial is based upon defense akin to claim preclusion or res judicata.
Civil Procedure Feb. 1, 2006
Rice v. Collins
Trial court's ruling that prosecutor's challenge to African-American juror was race-neutral was not result of unreasonable factual determination.
Criminal Law and Procedure Feb. 1, 2006
Ayotte v. Planned Parenthood of Northern New England
Invalidating statute that regulates access to abortion in medical emergencies, in its entirety, is not always justified.
Constitutional Law Feb. 1, 2006
Donahue, Comm'r, IN DOC v. Bieghler
Order
Feb. 1, 2006
Bieghler v. Indiana
Order
Feb. 1, 2006
People ex rel Lockyer v. R.J. Reynolds Tobacco Co.
California law restricting distribution of cigarettes on public grounds is not pre-empted by Federal Cigarette Labeling and Advertising Act.
Constitutional Law Feb. 1, 2006
U.S. v. Ogles
Order
Feb. 1, 2006
Neilson v. City of California City
California Constitution does not prohibit city's special flat-rate parcel tax on mere ownership of real property.
Taxation Jan. 31, 2006
RLH Industries Inc. v. SBC Communications Inc.
Commerce Clause does not bar application of California antitrust law to out-of-state anticompetitive conduct that causes injury in California.
Antitrust Jan. 31, 2006
Colgan v. Leatherman Tool Group Inc.
Summary adjudication of liability under False Advertising Law is proper where tools represented as made in United States had parts made abroad.
Civil Procedure Jan. 31, 2006
Rutherford v. Crosby, Sec., FL DOC
Order
Jan. 31, 2006
Burkle v. Burkle
Family Code section allowing divorcing spouse to seal pleadings that list identifying financial information violates First Amendment.
Family Law Jan. 31, 2006
City of Stockton v. Superior Court (Civil Partners Stockton)
Party's complaint against city is barred by its failure to present contract and tort claims under Government Claims Act before filing suit.
Government Jan. 30, 2006
Marriage of McTiernan
Business and Professions Code provisions endow business and not person with capacity to generate goodwill.
Family Law Jan. 30, 2006
Gina S., a Minor
Juvenile court's denial of access to documents that minor's mother needed to pursue civil action was improper.
Family Law Jan. 30, 2006
Behniwal v. Superior Court (Mix)
Prospective condo buyers have at least probably valid claim so that trial court must vacate order expunging notice of lis pendens.
Real Property Jan. 30, 2006
Behniwal v. Mix
Sellers' signatures on disclosure statements ratified their agent's act in entering into transaction for sale of home.
Contracts Jan. 30, 2006
David S., a Minor
Weapon prohibition condition was statutorily mandated upon minor for committing battery on school employee.
Juveniles Jan. 30, 2006
People v. Palmer
Enhancement for discharging firearm applies even though injury at issue is broken ankle resulting from victim's evasive action.
Criminal Law and Procedure Jan. 30, 2006
Raghavan v. Boeing Co.
In all cases of alleged defamation, truth of offensive statements or communication is complete defense.
Torts Jan. 30, 2006
Life Care Centers of America v. CalOptima
County organized health system may adopt and apply time limit for submission of treatment authorization requests.
Administrative Agencies Jan. 30, 2006
Big Valley Band of Pomo Indians v. Superior Court (McAllister)
Tribe's sovereign immunity from breach of contract suit was not undermined by arbitration clause in contracts.
Native American Affairs Jan. 30, 2006
Parkview Villas Association Inc. v. State Farm Fire and Casualty Co.
Defendant is not entitled to summary judgment despite plaintiff failing to file adequate separate statement of undisputed material facts where notice otherwise existed.
Civil Procedure Jan. 30, 2006
California Oak Foundation v. City of Santa Clarita (Gate King Properties)
Trial court erred when denying petition to order city to set aside its certification of final environmental impact report.
Environmental Law Jan. 30, 2006