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Name Category Published
Marsh v. Workers' Compensation Appeals Board
New apportionment provisions enacted by 2004 workers' compensation legislation applies to pending appeal.
Workers' Compensation Oct. 5, 2005
ABF Capital Corp. v. Osley
Premature post-judgment motion does not accelerate deadline for appeal before separate judgment has been entered.
Civil Procedure Oct. 5, 2005
Ridgecrest Charter School v. Sierra Sands Unified School District
School district must accommodate charter school students at one site or minimize number of sites even if it requires relocating students.
Education Oct. 5, 2005
A.C., a Minor
California lacks subject-matter jurisdiction over dependency proceeding involving child whose parents are residents of Mexico.
Juveniles Oct. 5, 2005
ABF Capital Corp. v. Berglass
Defendant's alleged inconsistent positions asserted during trial were not grounds for new trial.
Civil Procedure Oct. 5, 2005
Lu v. Grewal
Fair market rental value is proper measure for mitigation when lessee abandons commercial lease.
Real Property Oct. 5, 2005
Washington Toxics Coalition v. Environmental Protection Agency
Federal environmental agency must engage in consultation prior to registration of pesticides.
Environmental Law Oct. 5, 2005
People v. Gomez
Subjective intent of police offer conducting search of probationer's home is irrelevant to lawfulness of search.
Criminal Law and Procedure Oct. 5, 2005
People v. Smith
Order
Oct. 5, 2005
Arno v. Helinet Corp.
Trial court properly found settlement offer in case of helicopter crash was reasonable and in good faith.
Civil Procedure Oct. 5, 2005
Housing Authority of the County of Monterey v. Jones
Superior court judge who ruled in contested pretrial proceeding may not participate in appellate division review of different proceeding in same case.
Judges Oct. 5, 2005
People v. Shelmire
Defendant is entitled to jury instruction only when defense theory is supported by substantial evidence.
Criminal Law and Procedure Oct. 5, 2005
Taylor v. Van-Catlin Construction
Trial court lacked authority to 'correct' arbitrator's award of attorney fees to prevailing party.
Civil Procedure Oct. 5, 2005
People v. Aegis Security Insurance Co.
Premature entry of judgment against bail bond surety did not result in loss of court's jurisdiction over matter.
Criminal Law and Procedure Oct. 5, 2005
County of Los Angeles v. Superior Court (Union of American Physicians and Dentists)
Court cannot order district attorney to produce minutes of closed session of Los Angeles Board of Supervisors.
Civil Procedure Oct. 5, 2005
Hearns v. Terhune
Muslim inmate who was attacked by fellow Muslims may sue prison for civil rights violations.
Prisoners Rights Oct. 5, 2005
People v. Ward
Defendant's 'Wheeler/Batson' challenge to prosecutor's use of peremptory challenges was invalid and death penalty is upheld.
Criminal Law and Procedure Oct. 5, 2005
Schardt v. Payne
Rule of 'Blakely v. Washington' does not apply retroactively to convictions that became final before its publication.
Criminal Law and Procedure Oct. 5, 2005
S.B., a Minor
Juvenile court's allegedly belated compliance with Indian Child Welfare Act did not prejudice mother.
Family Law Oct. 5, 2005
Hasler v. Howard
Plaintiff is not entitled to attorney fees merely because defendant requested them during earlier proceeding.
Civil Procedure Oct. 5, 2005
Hoopa Valley Indian Tribe v. Ryan
River's restoration program does not fall within mandatory contracting provisions of Indian Self-Determination and Education Assistance Act.
Native American Affairs Oct. 5, 2005
Anderson First Coalition v. City of Anderson (FHK Companies Inc.)
Development project's traffic mitigation fee for freeway interchange must be specific and implemented.
Environmental Law Oct. 5, 2005
People v. Thomas
Gang expert's hearsay conversations with gang members who identified defendant were admissible.
Criminal Law and Procedure Oct. 5, 2005
U.S. v. Romo
Admission defendant made to licensed counselor outside of therapy is not privileged.
Criminal Law and Procedure Oct. 5, 2005
Verizon California Inc. v. Peevey
Claims of incumbent local exchange carrier that cannot be compensated by 'true-up' are ripe for judicial review.
Administrative Agencies Oct. 5, 2005
Head v. Glacier Northwest Inc.
Employee alleging discrimination and retaliation need only show that disability was motivating factor for employer.
Employment Law Oct. 5, 2005
U.S. v. Cortez-Arias
State conviction for shooting at inhabited dwelling is 'crime of violence' under federal sentencing law.
Criminal Law and Procedure Oct. 5, 2005
Coghlan v. American Seafoods Co.
Employee has heightened burden of proving discrimination when person who demoted him is same person who hired and promoted him.
Employment Law Oct. 5, 2005
U.S. v. Hermoso-Garcia
Defendant will be resentenced because Federal Sentencing Guidelines are no longer mandatory.
Criminal Law and Procedure Oct. 5, 2005
Tan v. Runnels
Prosecutor may tell of murder victim's escape from Khmer Rouge after wife's death to support theory that he died protecting locket memorializing her.
Criminal Law and Procedure Oct. 5, 2005