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Name Category Published
U.S. v. Jeronimo
There is no jurisdiction to entertain appeal where appeal waiver in plea agreement is unambiguous.
Criminal Law and Procedure Aug. 9, 2005
U.S. v. Younger
Defendant's conduct in making spontaneous statements and responding to questioning constituted implied waiver of his Miranda rights.
Criminal Law and Procedure Aug. 9, 2005
Hendricks v. Bank of America
District court did not abuse its discretion by finding Central District of California was appropriate venue for action under state's commercial code.
Civil Procedure Aug. 9, 2005
People v. Akins
Trial court may reduce amount of restitution if it concludes that calculation method used by victim overstated loss.
Criminal Law and Procedure Aug. 9, 2005
Scalf v. D.B. Log Homes Inc.
Trial court should have considered evidence in opposition to motion for summary judgment.
Civil Procedure Aug. 9, 2005
C.G., a Minor
Appointment of guardian ad litem for mother in dependency proceedings violated mother's due process rights.
Juveniles Aug. 9, 2005
McAndrew v. Hazegh
Award of statutory penalty to contractor in breach of contract case was improper.
Contracts Aug. 9, 2005
Ampex Corp. v. Cargle
Anonymous poster on internet message board is entitled to attorney fees from former employer who sued him for defamation.
Civil Procedure Aug. 9, 2005
Bergman v. Drum
Grant of motion for summary judgment is inconsistent with ruling in previous appeal and violates doctrine of law of case.
Civil Procedure Aug. 9, 2005
People v. Minor
Order
Aug. 9, 2005
Blakemore v. Superior Court (Avon Products Inc.)
Popular cosmetics company violated unfair competition law by charging its representatives for unordered products.
Torts Aug. 9, 2005
Fox v. Ethicon Endo-Surgery Inc.
Statute of limitations for suit against surgical equipment manufacturer is tolled until medical malpractice plaintiff discovers that defect contributed to injury.
Torts Aug. 9, 2005
People v. Rosales
Jury was improperly instructed that superintendent of park is county officer for purposes of offense of negligent handling of public moneys.
Criminal Law and Procedure Aug. 9, 2005
Cordova v. 21st Century Insurance Co.
Insured whose claim was barred by limitations period is not precluded from obtaining equitable relief.
Insurance Aug. 9, 2005
In re Reeves
Penal Code does not restrict offender's ability to earn worktime credit against concurrent sentence for non-violent offense.
Criminal Law and Procedure Aug. 9, 2005
Librers v. Black
Plaintiff had standing to bring action as 'presumed father' in paternity case.
Family Law Aug. 9, 2005
People v. Flores
Firearm sentencing enhancement cannot be supported by showing that defendant killed his accomplice.
Criminal Law and Procedure Aug. 9, 2005
Coalition of Labor, Agriculture & Business v. County of Santa Barbara Board of Supervisors
County board of supervisors need not allow public comment on whether item should be placed on agenda.
Government Aug. 9, 2005
People v. Tanner
Revocation of defendant's Proposition 36 probation was premature.
Criminal Law and Procedure Aug. 9, 2005
Joshua G., a Minor
Relationship with parent who visits sporadically is not beneficial if children do not view parent in parental role.
Juveniles Aug. 9, 2005
Bullard v. California State Automobile Association
Amendment that extends statute of limitations for uninsured motorist claims to two years is not retroactive.
Insurance Aug. 9, 2005
Ytuarte v. Superior Court (Kashani)
Trial applied incorrect legal standard in deciding whether to reclassify case as unlimited civil action.
Civil Procedure Aug. 9, 2005
Barclay v. Jesse M. Lange Distributor Inc.
Owner of gasoline storage facility may be liable to injured worker for failing to provide fire extinguishers.
Torts Aug. 9, 2005
People v. Palacios
Order
Aug. 9, 2005
In re Jonathon S.
Non-Indian parent has standing to raise claim under Indian Child Welfare Act.
Family Law Aug. 9, 2005
People v. Tulare County Superior Court (Gregory)
Trial court lacked jurisdiction to enter any further orders on merits of case pending in state supreme court.
Criminal Law and Procedure Aug. 9, 2005
People v. Mateljan
Use of phlebotomists to draw blood from drunk driving suspects was lawful.
Criminal Law and Procedure Aug. 9, 2005
Woods v. Fox Broadcasting Sub. Inc.
Interference with contract claim may be asserted against party to contract.
Torts Aug. 9, 2005
Boyer v. Jensen
Plaintiff may not maintain claim against bankrupt tortfeasor merely to obtain judgment against tortfeasor's employer under theory of respondeat superior.
Torts Aug. 9, 2005
Estate of Coleman
Former wife may not inherit decedent's property under will or act as trustee of trust incorporated by default clause of will.
Probate and Trusts Aug. 9, 2005