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Name Category Published
Ashcroft, Atty. Gen. v. Raich
Order
Jan. 6, 2005
Travis v. County of Santa Cruz
Because facial attack on land-use ordinance is subject to 90-day statute of limitations, petitioners' action is time-barred.
Real Property Jan. 5, 2005
Powers v. The Rug Barn
Merely hiring competitor's employee without use of unfair methods is not actionable interference with contract.
Torts Jan. 5, 2005
People v. Poslof
State must prove actual knowledge of sex offender's duty to register in location of each residence but not length of stay.
Criminal Law and Procedure Jan. 5, 2005
People v. Joy
Imposition of upper term does not require jury findings of aggravating circumstances.
Criminal Law and Procedure Jan. 4, 2005
U.S. v. Ameline
Defendant convicted of conspiring to distribute drugs is entitled to jury trial regarding amount of drugs.
Criminal Law and Procedure Jan. 3, 2005
City of St. Helena v. Public Utilities Commission (Napa Valley Wine Train Inc.)
Public Utilities Commission cannot determine round trip sightseeing train whose business plan envisions multiple stops to be public utility.
Administrative Agencies Jan. 3, 2005
Marriage of Davis
Spousal support does not terminate under agreement when retirement benefits are deposited in account, because agreement ends support when wife receives first payment.
Family Law Jan. 3, 2005
Hasler v. Howard
Plaintiff's offer to settle case is inadmissible to establish his liability for defendant's attorney fees.
Civil Procedure Jan. 3, 2005
In re Ernesto H.
Juvenile who verbally threatened teacher failed to establish First Amendment defense.
Juveniles Jan. 3, 2005
Schnee v. Alameda Unified School District
Reading specialist later hired as certificated teacher was properly classified as second-year probationary employee.
Education Jan. 2, 2005
People v. Aguilar
Defendant who dragged victim to unlit area to rape her without detection is guilty of aggravated kidnapping.
Criminal Law and Procedure Dec. 30, 2004
Native American Sacred Site And Environmental Protection Ass'n v. City of San Juan Capistrano (Pueblo Serra LLC)
City's compliance with election law exempts adoption of land-use initiative from environmental review requirements.
Government Dec. 29, 2004
Tennant v. Rojas (In re Tennant)
Dismissal of Chapter 13 petition without further notice and hearing is appropriate when case involves very narrow procedural aspects.
Bankruptcy Dec. 29, 2004
George v. City of Morro Bay (In re George)
Bankruptcy petitioner's newfound attempt to retain lease is barred by doctrine of claim preclusion.
Bankruptcy Dec. 29, 2004
Gilliam v. Speier (In re KRSM Properties LLC)
Bankruptcy court can order IRS to return limited liability company funds used by owners to pay their tax obligations.
Bankruptcy Dec. 29, 2004
Morgan v. San Joaquin Community Hospital
Notice of appeal stated within points and authorities of defective motion for reconsideration is valid.
Civil Procedure Dec. 29, 2004
Metro Leasing and Development Corp. v. Commissioner of Internal Revenue
Tax court properly determined amount of corporate officer's salary that could be deducted as business expense.
Taxation Dec. 28, 2004
Rietveld v. Rosebud Storage Partners LP
Sanctions are appropriate where counsel did not produce evidence and failed to secure attendance of clients at arbitration proceeding.
Civil Procedure Dec. 28, 2004
People v. Brown
Expert testimony regarding battered women's syndrome is admissible despite single instance of domestic violence.
Criminal Law and Procedure Dec. 28, 2004
Reeves (James Greebe) On H.C.
Order
Dec. 28, 2004
Opinion of Lockyer
Copy of private check obtained by Fair Political Practices Commission through issuance of administrative subpoena is not subject to disclosure.
Government Dec. 28, 2004
Marine Forests Society v. Coastal Commission
Order
Dec. 23, 2004
Focus Media Inc. v. National Broadcasting Co. Inc. (In re Focus Media Inc.)
Television stations were properly awarded summary judgment in bankruptcy proceeding.
Bankruptcy Dec. 20, 2004
Ronald Moran Cadillac Inc. v. United States
Plaintiff is entitled only to refund amount government conceded was due for specific taxable year.
Taxation Dec. 20, 2004
Block v. Golden Eagle Insurance Corp.
Cost of repair reduced from fair market value of property in eminent domain action is not 'damages' under insurance policy.
Insurance Dec. 17, 2004
United States v. Booker
Order
Dec. 17, 2004
United States v. Fanfan
Order
Dec. 17, 2004
Associated Press v. District Court for the Fifth Judicial District of Colorado
Order
Dec. 17, 2004
Environmental Charter High School v. Centinela Valley High School District
Order
Dec. 17, 2004