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Name Category Published
Fripp v. Walters
Parcel map that failed to follow boundary description of original grant deed is subject to collateral attack. 		Real Property Nov. 29, 2005
Wal-Mart Real Estate Business Trust v. City Council of the City of San Marcos (Drake)
Citizens who successfully opposed Wal-Mart petition are entitled to attorney fees. 		Civil Procedure Nov. 29, 2005
Property Owners of Whispering Palms Inc. v. Newport Pacific Inc.
Association does not lack standing solely because its membership includes residents that would not have standing to assert claims in their own right. 		Civil Procedure Nov. 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 Nov. 29, 2005
People v. Urziceanu
Defendant who formed legal cooperative to grow medical marijuana will be retried on conspiracy charge. 		Criminal Law and Procedure Nov. 29, 2005
X.V., a Minor
Parents who failed to object to notice procedures upon remand cannot later appeal adequacy of notice. 		Family Law Nov. 29, 2005
Coshow v. City of Escondido
Public has no right to prevent city from putting fluoride in drinking water. 		Constitutional Law Nov. 29, 2005
Kolender v. San Diego County Civil Service Commission (Berry)
Civil service commission abused its discretion by reducing deputy's penalty for lying in inmate abuse case. 		Government Nov. 29, 2005
Advanced Modular Sputtering Inc. v. Superior Court (Sputtered Films Inc.)
Equipment manufacturer's identification of alleged trade secret was sufficient to allow discovery to commence in misappropriation lawsuit. 		Intellectual Property Nov. 29, 2005
Brunius v. Parrish
State employee acting under authority of Surface Mining and Reclamation Act is immune from suit by quarry operator. 		Civil Rights Nov. 29, 2005
Harlan v. Dept. of Transportation
Trial court has jurisdiction to hear case though amended complaint was filed after deadline. 		Civil Procedure Nov. 29, 2005
In re Matthew F.
Trial court had jurisdiction to issue permanent restraining order to protect social worker who was no longer assigned to dependency case. 		Family Law Nov. 29, 2005
Board of Trustees of the California State University v. Superior Court (Copley Press Inc.)
University documents regarding employee's lawsuit may be withheld from newspaper because they relate to 'pending litigation.' 		Government Nov. 29, 2005
Campbell v. Superior Court (La Barrie)
Claims requesting imposition of constructive trust and equitable lien on residence do not support lis pendens. 		Real Property Nov. 29, 2005
People v. Schoeb
Court's imposition of multiple restitution fines and security fees upon defendant for each charge was not erroneous. 		Criminal Law and Procedure Nov. 29, 2005
Eaton Hydraulics Inc. v. Continental Casualty Co.
Statute of limitations in insurance coverage case accrues when insurer refuses to defend insured in underlying litigation. 		Insurance Nov. 29, 2005
In re Peter F.
Single act of brandishing weapon can only support single-count conviction despite number of people present. 		Criminal Law and Procedure Nov. 29, 2005
People v. Smith
Where mistrial leads to second trial, defendant's original consent to court trial continues unless he timely moves to withdraw it. 		Criminal Law and Procedure Nov. 29, 2005
People v. Burnell
Crimes such as attempted murder, robbery and vehicle theft are not included offenses of street terrorism. 		Criminal Law and Procedure Nov. 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 Nov. 29, 2005
People v. Evans
Statute requiring dismissal for failure to timely prosecute does not cover sexually violent predator civil commitment proceedings. 		Criminal Law and Procedure Nov. 29, 2005
Opinion of Lockyer
Partner in law firm who holds real estate broker's license may represent seller in real property transaction for real estate brokerage commission. 		Attorneys Nov. 27, 2005
U.S. v. Hovsepian
Aliens convicted of crimes in 1982 demonstrated rehabilitation and good moral character necessary for naturalization. 		Immigration Nov. 22, 2005
U.S. v. Kelly
Defendant's conviction for attempting to elude officers was not 'crime of violence' for sentencing purposes. 		Criminal Law and Procedure Nov. 22, 2005
Bonneville Power Administration v. Federal Energy Regulatory Commission
Federal Energy Regulatory Commission lacks authority to order non-public utilities to issue refunds. 		Administrative Agencies Nov. 22, 2005
Brown v. Valoff
California inmate whose grievance against staff members is denied must still exhaust administrative review. 		Civil Rights Nov. 22, 2005
Planned Parenthood of the Columbia/Willamette Inc. v. American Coalition of Life Activists
Punitive damages of $108 million to Planned Parenthood for harassment of doctors exceeded constitutional limits. 		Torts Nov. 22, 2005
Chamber of Commerce v. Lockyer
California statute that chills employers from exercising free speech rights is preempted by National Labor Relations Act. 		Labor Law Nov. 22, 2005
U.S. v. Esparza-Gonzalez
Alien accused of being in United States illegally established initial case of discrimination due to removal of Latino juror from panel. 		Immigration Nov. 22, 2005
Wood v. GCC Bend LLC
Summary judgment on constructive discharge claims that overlap other claims is not immediately appealable. 		Civil Procedure Nov. 22, 2005
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