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Name Category Published
Parnell v. Adventist Health System/West
Hospital cannot assert lien to recover difference between customary charges and amount received from patient and insurer.
Insurance Nov. 4, 2005
Hafen v. County of Orange
Developer is not exempt from zoning regulations adopted after his tentative parcel map was approved.
Real Property Nov. 4, 2005
Bank of China, NY Branch v. NBM L.L.C.
Order
Nov. 4, 2005
Silicon Valley Taxpayers Assoc. Inc. v. Santa Clara County Open Space Authority
Proposition 218 does not prohibit use of assessment to fund county's future acquisitions of properties.
Taxation Nov. 4, 2005
McSherry v. City of Long Beach
Court order granting city's motion for judgment as matter of law was improper prior to presentation of evidence.
Civil Procedure Nov. 4, 2005
People v. Harless
Order
Nov. 4, 2005
People v. Superior Court (Vidal)
Order
Nov. 4, 2005
Hartford Casualty Insurance Co. v. Superior Court (C3 Entertainment)
Order
Nov. 4, 2005
San Diego Metropolitan Transit Development Board v. RV Communities
Property owner may bring inverse condemnation cross-action even after direct eminent domain action has been filed.
Real Property Nov. 4, 2005
Union of American Physicians and Dentists v. Los Angeles County Employee Relations Commission
Retroactive application of law voids county's removal of union physicians from health benefit program.
Labor Law Nov. 3, 2005
Lehtinen v. Price
Bankruptcy court had authority to sanction attorney, but should have considered American Bar Association standards in doing so.
Attorneys Nov. 3, 2005
People v. Mitchell
Admission of police dispatch tape at trial did not violate criminal defendant's confrontation rights.
Criminal Law and Procedure Nov. 3, 2005
Kern County Dept. of Human Services v. Tamika C. (In re Tamika C.)
Court's decision to terminate dependency case upon age of majority was not in best interests of minor.
Juveniles Nov. 3, 2005
Essayli v. Department of Motor Vehicles
DMV properly awarded two points against plaintiff's driving record for violations arising from single accident.
Administrative Agencies Nov. 3, 2005
Milhous v. Franchise Tax Board
Tax assessment on income plaintiffs received from covenant in contract was not enforceable in California.
Taxation Nov. 3, 2005
People v. Lawson
Jury instruction given as sanction for defense counsel's discovery violation requires reversal.
Criminal Law and Procedure Nov. 3, 2005
Ghafur v. Bernstein
Superintendent of public charter school is public official for purpose of special motion to strike.
Civil Procedure Nov. 3, 2005
David M. v. Beverly Hospital
Allegations that doctor negligently failed to report child abuse are subject to statute of limitations under Medical Injury Compensation Reform Act.
Torts Nov. 3, 2005
People v. Navarro
Search warrant based on attorney's breach of confidentiality need not be quashed.
Criminal Law and Procedure Nov. 3, 2005
Sears, Roebuck and Co. v. National Union Fire Insurance Co. of Pittsburgh
Attorney who relied on typographical error to send documents to himself was properly sanctioned for $20,000.
Civil Procedure Nov. 3, 2005
IBM Personal Pension Plan v. City and County of San Francisco
Pension plan does not have standing to sue for refund of fraud penalties paid by its trustee.
Taxation Nov. 3, 2005
Garcia v. Board of Trustees of the California State University
Statute that prohibits state agency from discriminating on basis of race does not apply to California State University.
Civil Rights Nov. 3, 2005
Conlan v. Shewry
Trial court did not abuse its discretion in refusing to approve proposed implementation of Medi-Cal plan and notice of that plan.
Government Nov. 3, 2005
Eberhart v. U.S.
There is critical difference between rule governing subject matter jurisdiction and inflexible claim processing rule.
Criminal Law and Procedure Nov. 3, 2005
Kane v. Espitia
No U.S. Supreme Court decision clearly establishes that pro se defendant has right to law library access.
Criminal Law and Procedure Nov. 3, 2005
Lamere v. Superior Court (Salinas)
Trial court lacks jurisdiction to hear dispute regarding enrollment of members in Pechanga Band Indian tribe.
Native American Affairs Nov. 2, 2005
Mojica v. 4311 Wilshire LLC
New state statute of limitations applied to plaintiff's tort suit that was pending in federal court.
Civil Procedure Nov. 2, 2005
People v. Hill
Declaration of criminal defendant that merely contradicted civilian witness statements did not support Pitchess motion.
Criminal Law and Procedure Nov. 2, 2005
People v. Saint-Amans
Defendant convicted of commercial burglary can be ordered to pay restitution to bank.
Criminal Law and Procedure Nov. 2, 2005
Lighthouse Field Beach Rescue v. City of Santa Cruz (California Dept. of Parks and Recreation)
City of Santa Cruz must set aside approval of plan to allow unleashed dogs at beach.
Environmental Law Nov. 2, 2005