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Name Category Published
Rompilla v. Beard
Order
Jan. 18, 2005
In re Grisso
Order
Jan. 18, 2005
Lopez-Alvarado v. Ashcroft
Alien may offer direct testimony to establish 10-year residency required for cancellation of removal.
Immigration Jan. 17, 2005
People v. Lam
Prosecution does not need to prove lack of consent for offense of discharging firearm at unoccupied motor vehicle.
Criminal Law and Procedure Jan. 17, 2005
T.H. v. San Diego Unified School District
School district's expulsion procedures were not inconsistent with state law.
Constitutional Law Jan. 17, 2005
Association For Sensible Development at Northstar Inc. v. Placer County (Northstar Mountain Properties LLC)
Plaintiff's request for hearing was timely under Public Resources Code.
Civil Procedure Jan. 17, 2005
Carter v. CB Richard Ellis Inc.
Company reorganization resulting in demotion of female administrative managers over 40 was not discriminatory.
Employment Law Jan. 17, 2005
People v. Shaw
Court's decision to impose consecutive terms of imprisonment was not barred by 'Blakely.'
Criminal Law and Procedure Jan. 17, 2005
People v. Giles
Hearsay statement of witness was admissible because appellant's wrongdoing caused witness to be unavailable to testify.
Criminal Law and Procedure Jan. 14, 2005
Reidy v. City and County of San Francisco
Landlord may remove property from rental market without complying with local law requiring replacement units.
Real Property Jan. 14, 2005
Hurwitz v. City of Orange
Property owner's monetary award in condemnation action filed by city is proper.
Real Property Jan. 14, 2005
Moores v. Board of Supervisors of Mendocino County
Plots automatically merged by county ordinance stay merged, though county did not comply with notice requirements.
Real Property Jan. 14, 2005
People v. Philpot
Defendant who stole automobile with attached trailer is guilty of two counts of vehicle theft.
Criminal Law and Procedure Jan. 14, 2005
Regents of the University of California v. Sheily
Dentist failed to prove by preponderance of evidence that he was entitled to compensation for loss of goodwill.
Real Property Jan. 14, 2005
Hughes v. Hughes
Evidence that man 'dabbled in the pimptorial arts' is sufficient to defend defamation claim for son's statement, 'Our dad's a pimp.'
Torts Jan. 14, 2005
Baxter v. Salutary Sportsclubs Inc.
Court rejects plaintiff's motion for attorney fees because litigation conferred miniscule benefit on public.
Contracts Jan. 14, 2005
Caloroso v. Hathaway
No expert was needed to determine whether sidewalk crack that caused plaintiff's fall was trivial.
Torts Jan. 14, 2005
People v. Vera
Defendant's request for substitute counsel was properly denied based on failure to renew motion.
Criminal Law and Procedure Jan. 14, 2005
Nacimiento Regional Water Management Advisory Committee v. Monterey County Water Resources Agency
California Environmental Quality Act plaintiffs whose failure to request merits hearing was caused by attorney's inexcusable mistake cannot avoid dismissal.
Civil Procedure Jan. 14, 2005
Landis v. Pinkerton Inc.
Despite parties' agreement to the contrary, statutory time limit for correction of arbitration award was enforceable.
Employment Law Jan. 14, 2005
Travelers Casualty and Surety Co. v. Transcontinental Insurance Co.
Insurer's duty to defend was triggered when primary policy referenced in excess policy had been exhausted.
Insurance Jan. 14, 2005
People v. Kleinman
Restitution order that remained unsatisfied after revocation of defendant's probation is still enforceable by victim.
Criminal Law and Procedure Jan. 12, 2005
Rey Piedra, a Minor
Parents of child who was heavily medicated during seizures failed to prove medical malpractice.
Torts Jan. 12, 2005
People v. Arbacauskas
Complaint charging defendant with cultivating marijuana for sale was properly dismissed.
Criminal Law and Procedure Jan. 12, 2005
City of Hope Nat'l Medical Center v. Genentech Inc.
Jury's interpretation of royalty agreement between parties was reasonable in light of evidence.
Contracts Jan. 12, 2005
Cashman v. City of Cotati
City's mobilehome park rent-control law effects regulatory taking in violation of Fifth Amendment.
Constitutional Law Jan. 11, 2005
Maduka v. Sunrise Hospital
Civil rights complaint containing only conclusory allegations of racial discrimination can survive motion to dismiss for failure to state claim.
Civil Rights Jan. 11, 2005
U.S. v. Ortega-Ascanio
Withdrawal of plea was justified in light of intervening decision by U.S. Supreme Court.
Criminal Law and Procedure Jan. 11, 2005
People v. Lazalde
Probation searches are invalid if officer is unaware of search condition at time of search.
Criminal Law and Procedure Jan. 11, 2005
U.S. v. Bucher
Circumstantial evidence establishes hiker's intent to interfere with rangers' investigation and arrest of fellow hiker.
Criminal Law and Procedure Jan. 11, 2005