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Name Category Published
People v. Ausbie
Assault by means of force likely to produce great bodily injury is not necessarily lesser included offense of mayhem.
Criminal Law and Procedure Jan. 10, 2005
D'Orsay Int'l Partners v. Superior Court (Stone)
Contractor could not assert mechanic's lien when construction did not commence on property.
Real Property Jan. 10, 2005
George F. Hillenbrand Inc. v. Insurance Co. of North America
Policyholder that won malicious prosecution lawsuit against insurer is not entitled to prejudgment interest.
Civil Procedure Jan. 10, 2005
People v. Dynegy Inc.
Removal of state law claim was proper when claim arose under regulations pursuant to Federal Power Act.
Government Jan. 10, 2005
People v. Nicholson
Parolee who fled arrest for parole violation is liable under escape statute.
Criminal Law and Procedure Jan. 10, 2005
David B. v. Superior Court (Orange County Social Services Agency)
Court incorrectly determined that child could not be safely released into father's custody.
Family Law Jan. 10, 2005
Hansbrough v. Birdsell (In re Hercules Enterprises inc.)
Contempt sanction cannot be deemed nondischargeable in future personal bankruptcy case.
Bankruptcy Jan. 10, 2005
Fidelity Federal Bank v. Durga Ma Corp.
District court acted within its discretion when it corrected post-judgment interest rate to federal rate.
Civil Procedure Jan. 10, 2005
Handyman Connection of Sacramento Inc. v. Sands
Contractor that used abbreviated name in contract is not subject to discipline if customer is not misled.
Administrative Agencies Jan. 10, 2005
Krumme v. Mercury Insurance Co.
Insurer's 'broker-agents' do not enjoy safe harbor from liability under Unfair Competition Law.
Insurance Jan. 10, 2005
Gray v. Superior Court (Medical Board of California)
Suspension of physician's license as condition of bail violated due process.
Criminal Law and Procedure Jan. 10, 2005
Int'l Assoc. of Machinists and Aerospace Workers v. BF Goodrich Aerospace Aerostructures Group
Collective bargaining agreement requiring employer to pay salary and benefits to full-time union representative is valid.
Employment Law Jan. 10, 2005
Parle v. Runnels
District court will reconsider whether habeas petitioner was deprived of fair trial.
Criminal Law and Procedure Jan. 10, 2005
Stockett v. Association of California Water Agencies Joint Powers Insurance Authority
Tort Claims Act does not prevent employee from asserting novel theories not specified in original claim of wrongful termination.
Government Jan. 10, 2005
People v. Turner
Appellate court properly vacated defendant's life without possibility of parole sentence because there was illegal plea bargain.
Criminal Law and Procedure Jan. 10, 2005
Ragghanti v. Reyes
Court must apply best interest analysis to determine custody of child whose mother wishes to move when no final custody order exists.
Family Law Jan. 10, 2005
Blanchard v. DIRECTV Inc.
Plaintiffs' claim was not brought in public interest and thus not entitled to protection from anti-SLAPP motion to strike.
Civil Procedure Jan. 10, 2005
Hill Brothers Chemical Co. v. Superior Court (Lorentsen)
Private motor carrier is not liable for vehicular negligence of its independent contractor.
Torts Jan. 10, 2005
Featherson v. Farwell
Where question about intent of testator to favor one child over another exists, attorney is not accountable to either child.
Probate and Trusts Jan. 10, 2005
U.S. v. Padilla
Conviction for being felon in possession of firearm is upheld despite order vacating underlying felony conviction.
Criminal Law and Procedure Jan. 10, 2005
Enlow v. Salem-Keizer Yellow Cab co.,
Cab company presents sufficient evidence that discharge of elderly employee was without discriminatory intent.
Employment Law Jan. 10, 2005
U.S. v. Washington
Defendant's written consent to search does not quality as intervening event sufficient to purge taint of officer's prior illegal conduct.
Criminal Law and Procedure Jan. 10, 2005
Boranian v. Clark
Attorney who prepared will for testator had no duty toward client's 'intended beneficiary.'
Probate and Trusts Jan. 10, 2005
Johnson v. State Water Resources Control Board
State water board was not required to review administrative penalty imposed by regional board.
Environmental Law Jan. 10, 2005
People v. Caudillo
Third party's 911 call immediately after shooting was not testimonial.
Criminal Law and Procedure Jan. 10, 2005
U.S. v. Contreras-Salas
Alien's conviction for child abuse does not qualify as crime of violence for purposes of sentence enhancement.
Criminal Law and Procedure Jan. 10, 2005
San Pedro v. Ashcroft
Order
Jan. 10, 2005
People v. Eckley
Trial court's reliance on documents containing factual misstatements necessitates remand for new sentencing hearing.
Criminal Law and Procedure Jan. 10, 2005
Burnett v. Chimney Sweep
Provision of lease limiting landlord's liability that failed to expressly preclude liability for negligence does not preclude tenant's suit for mildew damages.
Real Property Jan. 10, 2005
Page v. Los Angeles County Probation Dept.
Plaintiff's failure to exhaust administrative and judicial remedies precludes suit for damages.
Employment Law Jan. 10, 2005