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Name Category Published
Chavez v. Superior Court (People)
Dismissal of drug charges does not entitle defendant to return of marijuana for medical purposes.
Criminal Law and Procedure Jan. 10, 2005
Benun v. Superior Court (Country Villa East LP)
Statute of limitations for professional negligence actions against health care providers does not apply to elderly abuse actions.
Civil Procedure Jan. 10, 2005
Knapp v. Doherty
Minor procedural irregularity in foreclosure sale is not enough to set aside trustee's sale.
Real Property Jan. 10, 2005
General Casualty Insurance v. Workers' Compensation Appeals Board
California Insurance Guarantee Association is not insurer and was properly dismissed because other available insurance covered workers' compensation benefits.
Insurance Jan. 10, 2005
Morales v. Woodford
Jury instruction error regarding torture special circumstance was harmless.
Criminal Law and Procedure Jan. 10, 2005
Marriage of Hobdy
Husband may be compelled to pay wife's attorney fees even though they were initially denied.
Family Law Jan. 10, 2005
Los Angeles County Metropolitan Transportation Authority v. Superior Court (Lyons)
Government Code Section 818 does not preclude award of civil penalty under Unruh Civil Rights Act.
Civil Rights Jan. 10, 2005
McBride v. Boughton
Unmarried man who helped support child may not sue mother for refund after discovering child is not his biological offspring.
Family Law Jan. 10, 2005
Hartford Casualty Insurance Company v. Mt. Hawley Insurance Company
Insurer of general contractor is not liable for contribution to subcontractor's insurer when general contractor is not liable.
Contracts Jan. 10, 2005
Gibbo v. Berger
Loan prepared by real estate broker is not exempt from usury protections.
Real Property Jan. 10, 2005
Sagi Plumbing v. Chartered Construction Corp.
Trial in bifurcated action that resolved first cause of action did not dispose of remaining causes of action.
Civil Procedure Jan. 10, 2005
Lara v. Nevitt
Trucker who failed to wear safety restraint while sleeping in truck berth was partially responsible for accident.
Torts Jan. 10, 2005
People v. Winslow
Trial court finding that young disabled victim of sexual molestation was unavailable because of post-traumatic stress disorder was correct.
Criminal Law and Procedure Jan. 10, 2005
People v. Arbacauskas
Complaint charging defendant with cultivating marijuana for sale was properly dismissed.
Criminal Law and Procedure Jan. 10, 2005
Leonte v. ACS State and Local Solutions Inc.
Private company that operated automated traffic enforcement system did not violate unfair competition law.
Antitrust Jan. 10, 2005
U.S. v. Fernandez
Drug and racketeering convictions of defendants involved in Mexican mafia are affirmed.
Criminal Law and Procedure Jan. 10, 2005
DBJJJ Inc. v. National City Bank
When bank fails to timely examine documents, it is precluded from arguing documentary presentation is inadequate.
Banking Jan. 10, 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. 10, 2005
Tri-County Special Education Local Plan Area v. County of Tuolumne
Agency failed to exhaust administrative remedies before suing county for terminating special education services.
Government Jan. 10, 2005
Paterno v. Superior Court (State of California)
Hearing conducted by trial judge after remand that does not require reexamination of law or fact is not new trial.
Civil Procedure Jan. 10, 2005
Laico v. Chevron U.S.A. Inc.
Nonsuit is appropriate in premises liability claim where no evidence shows that property owner knew of benzene hazard created by tenant's activities.
Torts Jan. 10, 2005
People v. Meeks
Defendant who stopped complying with requirement to register as felon is guilty of multiple offenses.
Criminal Law and Procedure Jan. 10, 2005
Williams v. Freedomcard Inc.
Corporate officer that failed to post bond in appealing administrative order is personally liable for employee's unpaid wages.
Civil Procedure Jan. 10, 2005
City of Brentwood v. Central Valley Regional Water Quality Control Board
City had obligation to present evidence that its wastewater violations were due to unforeseen natural phenomena.
Environmental Law Jan. 10, 2005
Penny v. Wilson
Trustee's allocation of property to trust without consideration of appreciation in value was improper.
Probate and Trusts Jan. 10, 2005
Gifford Pinchot Task Force v. United States Fish & Wildlife Service
Order
Jan. 10, 2005
United States v. Mirama Enterprises Inc.
Appliance manufacturer that failed to report safety risk can be penalized for each unit that was distributed.
Business Law Jan. 10, 2005
Gaston v. Palmer
Court incorrectly applied tolling provisions in finding prisoner's second habeas application untimely.
Criminal Law and Procedure Jan. 10, 2005
Klamath-Siskiyou Wildlands Center v. Bureau of Land Management
Analyses do not comply with National Environmental Policy Act because they do not sufficiently consider cumulative impacts posed by timber sales.
Environmental Law Jan. 10, 2005
Larian v. Larian
Trial court was required to compel arbitration in absence of evidence of fraud in execution of arbitration agreements.
Civil Procedure Jan. 10, 2005