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Name Category Published
Maricopa County, AZ v. Agster
Order
Oct. 11, 2005
Smith v. West Virginia, ex rel.
Order
Oct. 11, 2005
People v. Rodriguez
One strike law allows trial court to impose concurrent terms for multiple lewd acts against multiple victims.
Criminal Law and Procedure Oct. 10, 2005
Gilbert v. City of Sunnyvale
Terminated policer officer was not entitled to FBI reports of ongoing investigation of prostitution scheme.
Government Oct. 10, 2005
O'Riordan v. Federal Kemper Life Assurance
Insurer was not entitled to summary judgment because concealment on life insurance application was disputed material fact.
Insurance Oct. 10, 2005
People v. Seijas
Court properly allowed witness in murder trial to assert privilege against self-incrimination.
Criminal Law and Procedure Oct. 10, 2005
Regents of the University of California v. East Bay Municipal Utility District
University is entitled to partial refund of 'capital facilities fee' for water services charges.
Government Oct. 10, 2005
Marriage of Klug
Lawsuit proceeds awarded to wife arising from post-separation transactions are not community property.
Family Law Oct. 10, 2005
In re Lowe
Governor's reversal of grant of parole to convicted murderer was supported by evidence.
Criminal Law and Procedure Oct. 10, 2005
Hotels Nevada LLC v. Bridge Banc LLC
Arbitrator may allow court to decide issue of legality of contract when contract requires application of California law.
Contracts Oct. 10, 2005
Maynard v. Brandon
Client's untimely request for trial following unsuccessful arbitration over attorney fees cannot be excused.
Civil Procedure Oct. 10, 2005
People v. Williams
Statute prohibiting 'willful or wanton' fleeing of police officer does not include impermissible mandatory presumption.
Criminal Law and Procedure Oct. 10, 2005
Annette F. v. Sharon S.
Grant of hearing on motion for reconsideration did not have effect of vacating prior order.
Civil Procedure Oct. 10, 2005
Bear Creek Master Association v. Edwards
Homeowners' association may charge assessments for unbuilt property within planned and partially built development.
Real Property Oct. 10, 2005
Florio v. City of Ontario
Cost-sharing provision in agreement between city and former employee's union was unconstitutional.
Labor Law Oct. 10, 2005
People v. Athar
Sentence enhancement for money laundering may be imposed even though defendant is convicted of only conspiracy to engage in money laundering.
Criminal Law and Procedure Oct. 10, 2005
People v. Martinez
State agency seeking to recover costs for clean-up of drug lab must bring claim under Health and Safety Code.
Criminal Law and Procedure Oct. 10, 2005
MW Erectors Inc. v. Niederhauser Ornamental and Metal Works Co. Inc.
Contractor must be licensed at all times while performing work in order to recover compensation under contract.
Contracts Oct. 10, 2005
Lincoln Place Tenants Assn. v. City of Los Angeles (Los Angeles Lincoln Place Investors Ltd.)
Owners of apartment complex cannot begin demolition without complying with conditions attached to redevelopment project approval.
Environmental Law Oct. 10, 2005
People v. Jiang
Police interpreter did not adequately inform Mandarin speaker of his Miranda rights.
Criminal Law and Procedure Oct. 10, 2005
Siam v. Kizilbash
Malicious prosecution suit may not be based on unsuccessful civil harassment petition.
Torts Oct. 10, 2005
Franklin Mint Co. v. Superior Court (Manatt, Phelps & Phillips)
Settlement that provides for $25 million to charities does not lead to $25 million reduction in liability of remaining defendants.
Civil Procedure Oct. 10, 2005
People v. Rege
Search of area immediately accessible to suspect incident to her arrest did not violate Fourth Amendment.
Criminal Law and Procedure Oct. 10, 2005
People v. Banuelos
Court finding that defendant's prior assault qualified as serious felony for sentencing purposes was not supported by record.
Criminal Law and Procedure Oct. 10, 2005
Scottsdale Insurance Co. v. State Farm Mutual Automobile Insurance Co.
Policy's exclusion for bodily injury did not bar coverage for insured's employee's injury under policy.
Insurance Oct. 10, 2005
U.S. v. Thomas
Defense counsel's concession of defendant's guilt on robbery charge was not presumptively prejudicial.
Criminal Law and Procedure Oct. 10, 2005
Circuit City Stores Inc. v. Mantor
Recent caselaw does not allow employer to bring 'renewed' petition to compel arbitration.
Civil Procedure Oct. 10, 2005
Wasatch Property Management v. Degrate
Landlord seeking to terminate lease of low-income tenant with Section 8 benefits must provide 90 days' notice.
Real Property Oct. 10, 2005
U.S. v. Rivera-Sillas
Illegal alien is not entitled to counsel at deportation hearing.
Immigration Oct. 10, 2005
Martinez-Perez v. Gonzales
Grand theft conviction that involved taking of personal property and no co-defendants qualifies as aggravated felony.
Immigration Oct. 10, 2005