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Name Category Published
Ordlock v. Franchise Tax Board
Taxpayers need not report IRS correction for year for which Franchise Tax Board is time-barred from assessing additional income taxes.
Taxation Sep. 27, 2004
People v. Lewis
Order
Sep. 27, 2004
U.S. v. Crowell
Defendant convicted of crime may not collaterally attack conviction by moving to expunge record.
Civil Procedure Sep. 27, 2004
U.S. v. Hernandez-Hernandez
Court may review stipulated contents of motion to determine whether previous conviction counts as predicate offense.
Criminal Law and Procedure Sep. 27, 2004
Chein v. Shumsky
False testimony by expert medical witness about specialty and number of offices is not basis for perjury conviction because it is not material.
Criminal Law and Procedure Sep. 26, 2004
In re Byron B., a Minor
Juvenile court can forbid delinquent's contact with any person disapproved by parent or probation officer.
Juveniles Sep. 26, 2004
Rios v. Scottsdale Insurance Co.
Plaintiff may not sue insurer for damages when policy did not include coverage for loss due to theft.
Insurance Sep. 26, 2004
Petrou v. South Coast Emergency Group
Expert with substantial experience five years prior to time of alleged malpractice is qualified to testify in action against emergency-room doctor.
Torts Sep. 26, 2004
Franchise Holding II LLC v. Huntington Restaurants Group Inc.
District court had discretion to deny borrower's motion to set aside default judgment.
Civil Procedure Sep. 24, 2004
In re George T.
High school student who wrote 'dark poetry' is not guilty of making criminal threat.
Criminal Law and Procedure Sep. 24, 2004
Kaneko v. Yager
Power of attorney on which defendants sought immunity must be notarized or witnessed by two witnesses.
Civil Procedure Sep. 24, 2004
Elvig v. Calvin Presbyterian Church
Court erred in dismissing minister's Title VII claims under 'ministerial exception' when some viable claims existed.
Employment Law Sep. 24, 2004
Munoz v. City of Union City
Verdict against city is invalid because direct negligence theory advanced by plaintiffs was not grounded on violation of statutory duty by public entity.
Torts Sep. 24, 2004
People v. Hoeninghaus
Police may not justify warrantless search of adult probationer with search condition unless they know of condition at time of search.
Criminal Law and Procedure Sep. 24, 2004
California National Bank v. Havis
Letter with words 'payoff funds' that does not indicate amount owing on loan is not payoff demand statement.
Real Property Sep. 24, 2004
People v. Wallace
Dismissal of prior conviction resulting from plea for insufficient evidence is extrinsic to decision to strike.
Criminal Law and Procedure Sep. 24, 2004
People v. Celis
Facts known to officers before entering defendant's home did not justify protective sweep.
Criminal Law and Procedure Sep. 24, 2004
CLD Construction Inc. v. City of San Ramon
Complaint filed by self-represented corporation is void, but court may grant leave to amend.
Civil Procedure Sep. 24, 2004
People v. Schnathorst
Law criminalizing threats against another person applies to threats against a police officer.
Criminal Law and Procedure Sep. 24, 2004
Egar v. Superior Court of Santa Barbara County
Court security fee imposed for every conviction of criminal offense does not apply to juvenile wardship cases.
Civil Procedure Sep. 24, 2004
Ewing v. Northridge Hospital Medical Center
Expert witness is not needed to challenge psychotherapist's immunity from claim of failure to warn.
Torts Sep. 24, 2004
Estes v. Monroe
Disabled national guardsman's wrongful termination lawsuit was properly dismissed.
Employment Law Sep. 24, 2004
Pitzen v. Superior Court (Garcia)
Collateral estoppel precludes issue decided in small claims court from being relitigated.
Civil Procedure Sep. 24, 2004
Oliveros v. County of Los Angeles
County attorney's engagement in another trial warrants trial continuance.
Civil Procedure Sep. 24, 2004
Marriage of Wittgrove
Millionaire surgeon can be ordered to pay $43,000 per month in spousal and child support.
Family Law Sep. 24, 2004
Cassim v. Allstate Insurance Company
Attorney fees payable as damages for insurer's bad faith limited to portion of efforts devoted to recovery of amount due under policy.
Civil Procedure Sep. 24, 2004
Travis v. County of Santa Cruz
Property owner timely filed claim to remove county's conditions on his development permit.
Civil Procedure Sep. 24, 2004
People v. Wilkinson
Law governing battery on custodial officers does not violate equal protection.
Criminal Law and Procedure Sep. 24, 2004
Klajic v. Castaic Lake Water Agency
Water wholesaler may sell water directly to consumers pursuant to its enabling act.
Administrative Agencies Sep. 24, 2004
Cody S., a Minor
When student, permitted to store items in gym locker only during class, is removed from class, no expectation of privacy exists in locker.
Criminal Law and Procedure Sep. 24, 2004