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Name Category Published
People v. Neely
All felony violations of Penal Code Section 136.1, intimidation of victims or witnesses, are serious felonies for purposes of increased penalties.
Criminal Law and Procedure Jun. 17, 2005
Biles v. Exxon Mobil Corp.
Failure to identify witness in interrogatory answer and to supplement answer before submitting witness' declaration are not grounds for excluding declaration.
Civil Procedure Jun. 17, 2005
Horwitz v. City of Los Angeles
City must revoke permit that allowed construction of house 14 feet closer to street than permitted by municipal code.
Real Property Jun. 17, 2005
Hodgson v. Banner Life Insurance Company
Applicant for life insurance who died before receiving policy is covered because insurer received payment and ultimately approved application.
Insurance Jun. 17, 2005
Gallivan v. AT&T Corp.
Filed rate doctrine bars suit challenging telephone charge included in tariff voluntarily filed with Federal Communications Commission.
Government Jun. 17, 2005
People v. Adams
Trial court was not required to define 'maliciously' when defendant faced charge of battery on police dog.
Criminal Law and Procedure Jun. 17, 2005
People v. Gutierrez
Defendant who moved to suppress evidence before magistrate does not have to make motion before superior court after complaint is reinstated.
Criminal Law and Procedure Jun. 17, 2005
People v. Combs
Defendant's murder conviction and death sentence are affirmed.
Criminal Law and Procedure Jun. 17, 2005
Jones v. Humanscale Corp.
New Jersey arbitration award enforcing non-compete agreement did not violate California's public policy.
Contracts Jun. 17, 2005
Movitz v. Baker (In re Triple Star Welding Inc.)
Attorney may not be entitled to fees when he failed to disclose several aspects of his pre-petition relationship to debtor.
Bankruptcy Jun. 15, 2005
Salomon North America v. Knupfer (In re Wind 'n Wave)
Attorney representing creditor in prosecution of involuntary petition is entitled to fees though creditor incurred no other actual expenses.
Bankruptcy Jun. 15, 2005
Simantob v. Claims Prosecutor LLC (In re Lahijani)
Sale of estate assets over objection of creditors must be 'fair and equitable.'
Bankruptcy Jun. 15, 2005
Merck KGAA v. Integra Lifesciences I LTD
Drug maker did not infringe patents by supplying drugs for pre-clinical research.
Intellectual Property Jun. 15, 2005
Johnson v. California
California's 'more likely than not' standard is inappropriate to determine discrimination in jury selection.
Criminal Law and Procedure Jun. 15, 2005
Bradshaw v. Stumpf
Prosecutor's use of inconsistent theories regarding defendant and his accomplice may have affected defendant's death sentence.
Criminal Law and Procedure Jun. 15, 2005
Grable & Sons Metal Products Inc. v. Darue Engineering & Manufacturing
National interest in providing federal forum for federal tax litigation is sufficiently substantial to support exercise of federal-question jurisdiction.
Taxation Jun. 15, 2005
Wilkinson v. Austin
New state prison policy adding safeguards for prisoners meets due process requirements.
Constitutional Law Jun. 15, 2005
Miller-El v. Dretke
Prosecutor's dismissal of potential jurors because they were African-American requires new trial.
Criminal Law and Procedure Jun. 15, 2005
People v. Nawi
Order
Jun. 14, 2005
People v. Shaw
Order
Jun. 14, 2005
People v. Soto
Order
Jun. 14, 2005
People v. Williams
Murder conviction of defendant who caused death of passenger during high-speed police chase is reversed.
Criminal Law and Procedure Jun. 14, 2005
People v. Thomas
Court has statutory discretion either to order a juvenile's placement in juvenile hall or to impose adult sentence instead.
Juveniles Jun. 14, 2005
People v. Williams
Remand for resentencing is appropriate where trial court should have stayed count under Penal Code Section 654, even though state did not cross-appeal sentence.
Criminal Law and Procedure Jun. 14, 2005
People v. Merchant
Order
Jun. 14, 2005
In re G. (I.)
Order
Jun. 14, 2005
Mandel v. Household Bank (Nevada), National Assn.
Unilateral amendment, which imposed binding arbitration of disputes under credit card agreement, is proper under Nevada law.
Civil Procedure Jun. 14, 2005
Anolik v. EMC Mortgage Corp.
Mortgage company wrongfully foreclosed on homeowner.
Real Property Jun. 14, 2005
Gerling Global Reinsurance v. Garamendi
Insurers of Holocaust-era policies were prevailing parties entitled to award of reasonable attorney fees.
Insurance Jun. 13, 2005
Arthur Andersen LLP v. U.S.
Jury instructions for obstruction of justice charge must require findings of dishonesty and contemplation of legal proceeding.
Criminal Law and Procedure Jun. 13, 2005