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Name Category Published
Smith v. City of Hemet
Plaintiff's action for excessive force is not barred by his earlier conviction for resisting officer in discharge of duty. 		Civil Rights Aug. 21, 2005
U.S. v. Asberry
Consensual intercourse with underage partner is 'crime of violence' under federal sentencing guidelines. 		Criminal Law and Procedure Aug. 21, 2005
U.S. v. Wells
Fee arrangement which created theoretical division of loyalties did not adversely affect attorney's representation of defendant. 		Attorneys Aug. 21, 2005
U.S. v. Schemenauer
Jurisdiction does not exist over interlocutory appeal from denial of defendant's motion to dismiss after jury deadlocked. 		Criminal Law and Procedure Aug. 21, 2005
Perez-Martin v. Ashcroft
Court of Appeals, but not Immigration Judge or Board of Immigration Appeals, has jurisdiction to review denial of Special Agricultural Worker claims. 		Immigration Aug. 21, 2005
PMI Mortgage Insurance Co. v. American International Specialty Lines Insurance Co.
Company's violations of real estate statute were 'wrongful acts' covered by malpractice insurance policy. 		Insurance Aug. 21, 2005
M.L. v. Federal Way School District
Minor with disabilities and parents failed to demonstrate minor was denied free appropriate public education under Individuals with Disabilities Education Act. 		Education Aug. 21, 2005
Provencio v. WMA Securities
Non-member cannot compel arbitration before National Association of Securities Dealers. 		Contracts Aug. 21, 2005
People v. Martinez
Assault with deadly weapon is not lesser included offense of torture. 		Criminal Law and Procedure Aug. 21, 2005
U.S. v. Trevino
Defendant's conviction for tax evasion is upheld despite erroneous jury instruction. 		Criminal Law and Procedure Aug. 21, 2005
Ali v. Ashcroft
Alien who was not firmly resettled in third country prior to entrance into United States is entitled to asylum. 		Immigration Aug. 21, 2005
In re Dannenberg
Parole board can deny release date for defendant without comparing his offense to others of similar gravity. 		Criminal Law and Procedure Aug. 21, 2005
Starving Students Inc. v. Dept. of Industrial Relations
Labor agency lacks discretion to withdraw penalty for failure to obtain worker's compensation insurance. 		Workers' Compensation Aug. 21, 2005
Fiege v. Cooke
Settlement is enforceable where insurers fully cover settlement under policy that gives them right to settle without insureds' consent. 		Insurance Aug. 21, 2005
MHC Financing Limited Partnership Two v. City of Santee
City council may cure administrative error in adoption of ordinance and apply it retroactively. 		Government Aug. 21, 2005
Brekke v. Wills
Plaintiff's restraining order against daughter's boyfriend is upheld. 		Civil Procedure Aug. 21, 2005
Ferraris v. Alexander
Court determining habitual residence in Hague Convention petition may focus on intent of mother when father was never part of family unit. 		Family Law Aug. 21, 2005
People v. Thurman
Proposition 36 authorizes trial court to require defendant to waive custody credits as condition of probation. 		Criminal Law and Procedure Aug. 21, 2005
Hoveida v. Scripps Health
Parties may not create appellate jurisdiction by stipulating to dismissal of claim without prejudice to gain final judgment. 		Civil Procedure Aug. 21, 2005
People v. Thoma
Defendant's silence to court's description of victim's injuries was admissible as adoptive admission. 		Criminal Law and Procedure Aug. 21, 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. 21, 2005
People v. Minor
Prosecution can use prior conviction as enhancing allegation although extradition agreement prohibited punishment for that offense. 		Criminal Law and Procedure Aug. 21, 2005
Los Angeles County Dept. of Children and Family Services v. Superior Court (Sencere P.)
Court cannot place minor with grandparent until it completes criminal check of all adults living in home. 		Family Law Aug. 21, 2005
Traci & Marx Co. v. Legal Options
California court must recognize another state's judgment even if different result would have been rendered under California law. 		Civil Procedure Aug. 21, 2005
Overland v. Superior Court (County of Los Angeles)
Court's refusal to pay pre-exoneration interest on cash bail deposit does not constitute taking. 		Criminal Law and Procedure Aug. 21, 2005
Caira v. Offner
Trial court did not abuse its discretion in excluding from evidence e-mail sent during settlement negotiations. 		Civil Procedure Aug. 21, 2005
People v. Poslof
In defendant's trial for failure to register as sex offender, jury instruction error was harmless beyond reasonable doubt. 		Criminal Law and Procedure Aug. 21, 2005
American Financial Services Association v. City of Oakland
Oakland's predatory lending ordinance is preempted by state law. 		Civil Procedure Aug. 21, 2005
People v. Young
Defendant's claims against prosecutor's use of peremptory challenges against prospective black female jurors lack merit. 		Criminal Law and Procedure Aug. 21, 2005
American Federation of State, County and Municipal Employees v. Metropolitan Water District of Southern California
Bargaining unit cannot compel arbitration where appeal procedure in memorandum of understanding allows court review of dispute resolutions. 		Labor Law Aug. 21, 2005
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