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Name Category Published
Leep v. American Ship Management LLC
Failure to dispute fact in opposing party's summary judgment motion is not necessarily binding.
Civil Procedure Aug. 30, 2005
Taxpayers for Livable Communities v. City of Malibu
Advisory committee made up of city council members, numbering less than quorum, is not subject to Brown Act.
Government Aug. 30, 2005
Beckett v. Mastercraft Boat Co.
Death on High Seas Act is exclusive remedy for victim who died of poisoning on Mexican river.
Maritime Law Aug. 30, 2005
People v. Solorzano
Trial court should have held hearing for substitution of counsel after defendant requested it during competency hearing.
Criminal Law and Procedure Aug. 30, 2005
Erickson v. R.E.M. Concepts Inc.
Trial court acted within discretion by awarding attorney fees incurred in litigating common issues relevant to assigned cross-complaints.
Attorneys Aug. 30, 2005
Lease and Rental Management Corp. v. Arrowhead Central Credit Union
Credit union cannot be liable for its opinion of creditworthiness of its customer, which has not been proven false.
Torts Aug. 30, 2005
People v. Rucker
Evidence of prior domestic violence incident was admissible against defendant who shot ex-boyfriend.
Criminal Law and Procedure Aug. 30, 2005
Travelers Casualty and Surety Co. v. Superior Court (Plaintiffs and Defendants in the Clergy Cases I)
Settlement judge improperly made factual findings and prepared coercive order in violation of mediation principles.
Civil Procedure Aug. 30, 2005
People v. Sloan
Enhancements must be considered in determining necessarily included offenses for double jeopardy purposes.
Criminal Law and Procedure Aug. 30, 2005
Krell v. Gray
Injunction against harassment was overbroad and violated free speech rights.
Civil Procedure Aug. 30, 2005
Yoo v. Robi
Music manager who violated licensing requirements of Talent Agency Act cannot recover commission for securing recording engagement.
Contracts Aug. 30, 2005
Federation of Hillside and Canyon Associations v. City of Los Angeles
Environmental impact report was adequate for city's general plan and challenge was barred by res judicata.
Environmental Law Aug. 30, 2005
Hernandez v. Board of Education of the Stockton Unified School District
Trial court's control over 34-year-old desegregation case may be phased out over period of time.
Civil Procedure Aug. 30, 2005
Apple Computer v. Superior Court (Cagney)
Attorney may not serve as class representative and counsel in class action suit.
Civil Procedure Aug. 30, 2005
People v. Boulden
Trial court's prophylactic order for counsel not to misuse peremptory challenges was reasonable.
Criminal Law and Procedure Aug. 30, 2005
People v. Overman
Trial court's failure to instruct jury on lesser included offense requires reversal of defendant's conviction for firing at occupied building.
Criminal Law and Procedure Aug. 30, 2005
Hsu v. Semiconductor Systems Inc.
Trial court erred in awarding recovery of expert witness fees, general photocopying costs and expedited deposition transcript fees.
Attorneys Aug. 30, 2005
Sporn v. Home Depot USA Inc.
Home Depot is not entitled to have default judgment set aside.
Civil Procedure Aug. 30, 2005
Strathvale Holdings v. E.B.H.
Trial court may vacate default judgment on basis of lack of personal jurisdiction.
Civil Procedure Aug. 30, 2005
City of Merced v. American Motorists Insurance Co.
City can recover on performance bond when constructor fails to make improvements even though they were eventually made.
Real Property Aug. 30, 2005
In re Lennies H.
Officer had probable cause to believe keys found during plain-feel search of suspect's pockets were evidence of carjacking.
Juveniles Aug. 30, 2005
People v. Diaz
Failure to yield cannot be used as one qualifying violation to establish willful disregard element of evasion offense.
Criminal Law and Procedure Aug. 30, 2005
Mt. San Jacinto Community College District v. Superior Court (Azusa Pacific University)
Date of valuation of property in 'quick take' eminent domain proceeding is date of deposit of probable compensation.
Real Property Aug. 30, 2005
City of Santa Monica v. Stewart
City's cross-action against organization's complaint to force city to implement initiative is covered by anti-SLAPP statute.
Civil Procedure Aug. 30, 2005
Moran v. Murtaugh, Miller, Meyer & Nelson LLP
Trial court may weigh evidence to decide whether to require security of vexatious litigant.
Civil Procedure Aug. 30, 2005
Virachack v. University Ford
Cash rebate is not part of cost of credit and need not be disclosed under Truth In Lending Act.
Banking Aug. 30, 2005
U.S. v. Rivera-Sillas
Illegal alien is not entitled to counsel at deportation hearing.
Immigration Aug. 30, 2005
Roberts on Habeas Corpus
Order
Aug. 30, 2005
Agster v. Maricopa County
Order
Aug. 30, 2005
People v. Williams
Order
Aug. 30, 2005