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Name Category Published
People v. Ribera
Anal penetration through clothing is considered sodomy in violation of Penal Code. 		Criminal Law and Procedure Dec. 29, 2005
Kaufman & Broad Communities Inc. v. Performance Plastering Inc.
Court may take judicial notice of official committee and bill reports that constitute legislative history of tax code. 		Civil Procedure Dec. 29, 2005
Kenneth S., a Minor
Juvenile questioned alone in room in police station to which he came voluntarily was not in custody. 		Criminal Law and Procedure Dec. 29, 2005
Burdusis v. Superior Court (Rent-A-Center Inc.)
Where proceeding did not address merits, there is no basis for filing peremptory challenge. 		Civil Procedure Dec. 29, 2005
Quintanilla v. Dunkelman
Physician's failure to discuss and advise patient of adverse results of surgery resulted in lack of informed consent. 		Torts Dec. 29, 2005
Estate of Hughes
Probate court may not guess at future income tax consequences for some beneficiaries and impose current charges to others to ameliorate consequences. 		Probate and Trusts Dec. 29, 2005
Underwood v. Corsino
Statutory authority for abatement of rent only exists for successful residential tenant, not commercial tenant. 		Real Property Dec. 29, 2005
Medical Staff of Doctors Medical Center in Modesto v. Kamil
Clause requiring arbitration of any dispute concerning terms of service agreement does not apply to defamation claim. 		Insurance Dec. 29, 2005
Grupe Co. v. Workers' Compensation Appeals Board
Disclosure of expert witness' identity at close of discovery made his trial testimony admissible. 		Workers' Compensation Dec. 29, 2005
Bradshaw v. Richey
Court of appeal erred in holding that doctrine of transferred intent was inapplicable to aggravated felony murder under Ohio law. 		Criminal Law and Procedure Dec. 28, 2005
Lincoln Property Co. v. Roche
Defendants may remove action on diversity basis if complete diversity between plaintiffs and defendants exists and no defendant is forum state citizen. 		Civil Procedure Dec. 28, 2005
Murphy v. Kenneth Cole Productions Inc.
Trial court erred by addressing new claims not previously raised before Labor Commissioner. 		Labor Law Dec. 28, 2005
People v. Heath
Knowledge that firearm is loaded and operable is not required element of Health and Safety Code Section 11370.1(a). 		Criminal Law and Procedure Dec. 28, 2005
Opinion of Lockyer
State television and video acts are not pre-empted by federal law insofar as they apply to satellite service providers. 		Constitutional Law Dec. 28, 2005
Robertson v. Health Net of California Inc.
Arbitration clause that was not immediately above signature line of contract or prominently displayed was unenforceable. 		Civil Procedure Dec. 28, 2005
County of Orange v. Smith
Rental income was properly considered in calculating father's child support obligation. 		Family Law Dec. 28, 2005
The Foundation For Taxpayer and Consumer Rights v. Garamendi
Award of attorney fees was proper after intervenor's anti-SLAPP motion was deemed frivolous. 		Civil Procedure Dec. 28, 2005
Colleen M. v. Fertility and Surgical Associates of Thousand Oaks
Fertility clinic may release patient's medical records to her ex-fiancee because she used his credit card to pay for treatment. 		Torts Dec. 28, 2005
Concord Christian Center v. Open Bible Standard Churches
Church's attempt to disaffiliate itself from denomination was ineffective. 		Constitutional Law Dec. 28, 2005
Pallco Enterprises Inc. v. Beam
Outdoor Advertising Act allows advertiser 30 days to correct display that violates Act. 		Administrative Agencies Dec. 28, 2005
Doe 2 v. Superior Court (Calkins)
Court must determine whether church member's statements to pastor were privileged as penitential communications before granting discovery requests. 		Civil Procedure Dec. 28, 2005
People v. Superior Court (Ferguson)
Person who flees from officer attempting lawful arrest can be charged with 'willful resistance.' 		Criminal Law and Procedure Dec. 28, 2005
People v. Smith
Court's failure to give unanimity instruction to jury during sexual abuse trial was prejudicial. 		Criminal Law and Procedure Dec. 28, 2005
Enea v. Superior Court (3-D)
Partners owe fiduciary duty to rent partnership property to themselves at fair market prices. 		Corporations Dec. 28, 2005
People v. Maestas
Defendant's prior conviction for failure to appear was admissible at trial for impeachment purposes. 		Criminal Law and Procedure Dec. 28, 2005
People v. Delgadillo
Evidence that defendant had firearms at residence where he kept cash proceeds of methamphetamine manufacturing operation suffices for firearm enhancement. 		Criminal Law and Procedure Dec. 28, 2005
Herzberg v. County of Plumas
Trial court properly concluded property owners could not plead regulatory taking claim as matter of law. 		Real Property Dec. 28, 2005
People v. Harrisson
Condition of probation precluding possessor of child pornography from accessing Internet was not unduly restrictive. 		Criminal Law and Procedure Dec. 28, 2005
County of Orange v. Smith
Order 		Dec. 22, 2005
Quintanilla v. Dunkelman
Order 		Dec. 22, 2005
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