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Name Category Published
Casey v. U.S. Bank National Assoc.
Bank cannot be liable for aiding depositor's breach of fiduciary duty absent actual knowledge of fraud.
Bankruptcy Aug. 9, 2005
In re Annis
Trial judge had authority to revoke order of arraigning magistrate granting defendant release on own recognizance.
Criminal Law and Procedure Aug. 9, 2005
Melendrez v. D & I Investment Inc.
Experienced foreclosure buyer is bona fide purchaser despite buying property below fair market value.
Real Property Aug. 9, 2005
County of Los Angeles v. Superior Court (N.L.)
Juvenile's lawsuit against county for sexual assault was time-barred.
Criminal Law and Procedure Aug. 9, 2005
Radian Guaranty Inc. v. Garamendi
Insurer that is authorized to transact mortgage guaranty insurance may not sell title insurance.
Insurance Aug. 9, 2005
Browne v. Turner Construction Co.
Construction company's removal of safety equipment from work site affirmatively contributed to plaintiff's injuries.
Torts Aug. 9, 2005
Third Blind Eye Inc. v. Near North Entertainment Insurance Services LLC
Insured who prevailed on issue of coverage may pursue negligence claims against business manager and insurance broker.
Insurance Aug. 9, 2005
McMahan v. City and County of San Francisco
'Care Not Cash' ordinance may be given effect after severance of unenforceable funding provision.
Government Aug. 9, 2005
Green v. Workers' Compensation Appeals Board of the State of California
Changes in Labor Code apply retroactively to plaintiff's workers' compensation case.
Workers' Compensation Aug. 9, 2005
21st Century Insurance Co. v. Superior Court (Schwartz)
Punitive damages are not sufficiently penal in intent or effect to trigger protection of ex post facto clause.
Constitutional Law Aug. 9, 2005
Haugen v. Brosseau
Order
Aug. 9, 2005
U.S. v. Charley
Detention of woman who called for police assistance is investigative detention, not arrest.
Criminal Law and Procedure Aug. 9, 2005
Ehrenberg v. California State University, Fullerton Foundation (In re Beachport Entertainment)
Bankruptcy Appellate Panel's dismissal of trustee's appeal was inappropriately harsh sanction.
Bankruptcy Aug. 9, 2005
James O'Toole Co. Inc. v. Los Angeles Kingsbury Court Owners Association
Homeowners association may be ordered to impose emergency assessment to pay civil judgment.
Real Property Aug. 9, 2005
In re DeLuna
Prosecutor is not estopped by plea agreement to second-degree murder conviction from opposing parole based on gravity of offense.
Criminal Law and Procedure Aug. 9, 2005
Carmel Development Co. v. RLI Insurance Co.
Excess insurer was not obligated to contribute to settlement equally with other excess insurer.
Insurance Aug. 9, 2005
Thomas v. Quintero
Anti-SLAPP motions may be filed challenging petitions for injunctive relief that seek to prohibit harassment.
Civil Procedure Aug. 9, 2005
Butler v. Adams
Visually impaired inmate satisfied grievance procedure to proceed with lawsuit for disability discrimination.
Prisoners Rights Aug. 9, 2005
Dorn v. Burlington Northern Santa Fe Railroad
Numerous incorrect evidentiary rulings require new trial in wrongful death case.
Torts Aug. 9, 2005
Galvan v. Alaska Dept. of Corrections
Habeas corpus petition is denied because petitioner failed to exhaust federal constitutional claim in state court.
Criminal Law and Procedure Aug. 9, 2005
Lockyer v. Mirant Corp.
District court has jurisdiction to decide whether suit is subject to automatic stay of bankruptcy court.
Civil Procedure Aug. 9, 2005
U.S. v. Martinez-Garcia
Spanish speaker's privacy right was not violated when police began search before serving warrant in Spanish.
Criminal Law and Procedure Aug. 9, 2005
Gator.com Corp. v. L.L. Bean Inc.
Declaratory judgment lawsuit to determine legality of pop-up advertising program is moot due to settlement.
Civil Procedure Aug. 9, 2005
Hambleton Brothers Lumber Co. v. Balkin Enterprises Inc.
Timber company alleging unlawful conduct by corporate president failed to justify piercing of corporate veil.
Corporations Aug. 9, 2005
Cooper-Smith v. Palmateer
Court will not review propriety of sentence because requirement that enhancements be found by jury does not apply retroactively.
Criminal Law and Procedure Aug. 9, 2005
In re DeLuna
Prosecutor is not estopped by plea agreement to second-degree murder conviction from opposing parole based on gravity of offense.
Criminal Law and Procedure Aug. 9, 2005
Dierkes v. U.S. Department of Labor
Order
Aug. 9, 2005
U.S. v. Moreno-Hernandez
Oregon conviction for fourth-degree assault committed in presence of victim's child is violent felony under U.S. Sentencing Guidelines.
Criminal Law and Procedure Aug. 9, 2005
U.S. v. Osife
Police can search vehicle following arrest of recent occupant even if evidence is unlikely to be found.
Criminal Law and Procedure Aug. 9, 2005
Andrews v. V.R. King
Defendant bears burden of producing sufficient evidence that plaintiff is barred from proceeding in forma pauperis.
Prisoners Rights Aug. 9, 2005