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Name Category Published
Lanza v. Ashcroft
Immigration board's affirmance of deportation order without opinion violates due process and requires clarification. 		Immigration Jan. 11, 2005
Northern California Carpenters Regional Council v. Warmington Hercules Associates
Anti-SLAPP motion was properly denied when suit alleged underpayment of non-union workers. 		Civil Procedure Jan. 11, 2005
Osornio v. Weingarten
Estate planning attorney owed duty of care to donee nonclient under facts as may be alleged in amended complaint. 		Attorneys Jan. 11, 2005
Central Delta Water Agency v. State Water Resources Control Board (Delta Wetlands Properties)
Water board improperly issued permit for development project that lacked actual purchasers. 		Administrative Agencies Jan. 11, 2005
Heaps v. Heaps
Based on trust terms, second wife must pay over assets that she thought were her deceased husband's to his children. 		Probate and Trusts Jan. 11, 2005
Save Our Sunol Inc. v. Mission Valley Rock Co.
County measure protecting agricultural land does not apply to previously approved quarry project. 		Government Jan. 11, 2005
Santa Clara Valley Transportation Authority v. Public Utilities Commission
Public Utilities Commission does not have jurisdiction over transit district's light rail crossings. 		Administrative Agencies Jan. 11, 2005
People v. Toscano
Court should have enforced defendant's plea agreement by permitting motion to strike prior conviction. 		Criminal Law and Procedure Jan. 11, 2005
U.S. v. Butler
District court erred by not considering to group together counts of mail fraud and money laundering for sentencing purposes. 		Criminal Law and Procedure Jan. 11, 2005
U.S. v. Smith
Search of automobile prior to arrest of speeding motorist without identification was valid. 		Criminal Law and Procedure Jan. 11, 2005
Salvador-Calleros v. Ashcroft
Motion for stay of voluntary departure filed on Monday after Saturday when voluntary departure period ended is timely. 		Immigration Jan. 11, 2005
Bates v. Franchise Tax Board
Plaintiffs may invoke damage and injunctive relief provisions of Information Practices Act in dispute with Franchise Tax Board. 		Government Jan. 11, 2005
Gupta v. Stanford university
University student who challenges discipline must exhaust judicial remedy of administrative mandamus. 		Civil Procedure Jan. 11, 2005
Thai v. Ashcroft
Order 		Jan. 11, 2005
Bartee v. Ainsworth (In re Bartee)
Debtors do not have absolute right to dismissal of their voluntary bankruptcy case. 		Bankruptcy Jan. 11, 2005
Diaz v. Gates
Order 		Jan. 11, 2005
Benasra v. Mitchell, Silberberg & Knupp
Anti-SLAPP motion to strike should not have been granted in case regarding attorney breach of duty of loyalty. 		Attorneys Jan. 11, 2005
Suarez v. Office of Administrative Hearings (Bennett)
Court may not order disclosure of Department of Real Estate manuals containing privileged information. 		Administrative Agencies Jan. 11, 2005
Atlantic Mutual Ins. Co. v. Ruiz
Motorist that was hit while tending to fellow accident victim is not covered by his employer's policy. 		Insurance Jan. 11, 2005
Gallagher v. Connell
Hearsay admitted without objection is sufficient to defeat anti-SLAPP motion. 		Torts Jan. 11, 2005
Bunch v. Hoffinger Industries Inc.
Danger of diving into shallow, above-ground pool is not open and obvious to 11-year-old, as a matter of law. 		Torts Jan. 11, 2005
People v. Lopez
Trial court did not err by instructing jury that masturbation can occur through clothing. 		Criminal Law and Procedure Jan. 11, 2005
Ebbetts Pass Forest Watch v. Department of Forestry and Fire Protection (Sierra Pacific Industries)
Geographic area selected by Department of Forestry and Fire Protection for assessing impact of timber harvest on spotted owls complies with law. 		Environmental Law Jan. 11, 2005
Modesto City Schools v. Education Audits Appeal Panel
School district that failed to include written policies in students' independent study plans must forfeit funding. 		Education Jan. 11, 2005
Mercury Insurance Co. v. Allstate Insurance Co.
Automobile insurer is entitled to contribution for defense costs from personal umbrella policy insurer. 		Insurance Jan. 11, 2005
Westside Concrete Co. Inc. v. Dept. of Industrial Relations
Employer deserves opportunity to show state agency engaged in unlawful rulemaking in violation of Administrative Procedure Act. 		Government Jan. 11, 2005
People v. Knox
Court that advised defendant of restitution fine prior to acceptance of plea did not violate plea bargain. 		Criminal Law and Procedure Jan. 11, 2005
State Farm Mutual Automobile Insurance Co. v. Superior Court (Balen)
Insurer is not required to arbitrate amount of damages in uninsured motorist case when full benefits were paid. 		Insurance Jan. 11, 2005
People v. Page
Defendants who threatened robbery victim with pencil to neck are guilty of assault with deadly weapon. 		Criminal Law and Procedure Jan. 11, 2005
Graham v. DaimlerChrysler Corp.
Auto dealership that offered to repurchase truck after being sued may be liable for attorney fees under 'catalyst theory.' 		Civil Procedure Jan. 11, 2005
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