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Name Category Published
Howard Jarvis Taxpayers Ass'n. v. City of San Diego
Provisions of Proposition E and F are invalid because they conflict with sections of the California Constitution. 		Government Aug. 24, 2004
Johnson v. Lewis
Plaintiff and attorney who filed frivolous appeal are liable for sanctions. 		Civil Procedure Aug. 24, 2004
Amdahl Corp. v. Franchise Tax Board
Franchise Tax Board improperly assessed plaintiff's tax liability arising from refund of United Kingdom tax. 		Taxation Aug. 24, 2004
K.R.L. Partnership v. Superior Court (Pemberton)
Cross-defendant cannot seek change of established venue based on improper venue claim as determined by reference to compulsory cross-complaint. 		Civil Procedure Aug. 24, 2004
Country Villa Claremont Healthcare Center Inc. v. Superior Court (Rodriguez)
Plaintiff were not required to obtain court order prior to seeking punitive damages for elder abuse. 		Civil Procedure Aug. 24, 2004
People v. Carmony
Court's decision not to strike prior conviction allegation is subject to review under deferential abuse-of-discretion standard. 		Criminal Law and Procedure Aug. 24, 2004
People v. Mosby
Based on totality of circumstances, defendant voluntarily admitted prior conviction despite only being advised of right to jury trial. 		Criminal Law and Procedure Aug. 24, 2004
In re Miguel E., a Minor
Agency's withdrawal of approval, standing alone, does not compel removal of children from grandparents' home. 		Family Law Aug. 24, 2004
People v. Coker
Court properly calculated sentence because defendant was sentenced under three-strikes law and not under other sentencing-enhancement statutes. 		Criminal Law and Procedure Aug. 24, 2004
Islas v. D & G Manufacturing Co. Inc.
Plaintiff was improperly denied jury trial in negligence case where conflicting inferences were drawn from facts. 		Torts Aug. 24, 2004
People v. Lopez
Defendant sentenced under habitual sexual offender law may also be sentenced under one strike law. 		Criminal Law and Procedure Aug. 24, 2004
Smith v. Governing Board of Elk Grove Unified School District
Special education teacher working with emergency credential is not entitled to tenure though she holds social science credential. 		Education Aug. 24, 2004
Agosta v. Astor
Defendant induced plaintiff into entering employment contract by misrepresenting terms of agreement. 		Contracts Aug. 24, 2004
Schlessinger v. Holland America NV
Forum-selection clause in cruise ticket is enforceable despite passenger's failure to read it. 		Civil Procedure Aug. 24, 2004
Haney v. Aramark Uniform Services Inc.
Employee fired after reporting that he and other workers were instructed to use fraudulent accounting practices did not engage in protected activity. 		Labor Law Aug. 24, 2004
In re Brian N.
Juvenile who started fire by playing with fireworks was properly ordered to pay restitution to fire department. 		Juveniles Aug. 24, 2004
Vineyard Springs Estates LLC. v. Superior Court (Wyatt)
Court cannot consider motion for summary judgment without first ruling on evidentiary objections. 		Civil Procedure Aug. 24, 2004
Utility Consumers' Action Network v. PUC (San Diego Gas & Electric Co.)
Public Utilities Commission can settle litigation with utility without determining whether statute applies to require utility to offset losses with other revenues. 		Administrative Agencies Aug. 24, 2004
Blair v. Superior Court (People)
County's failure to resend juror questionnaires to nonresponders cannot be basis for court's finding of systematic exclusion. 		Criminal Law and Procedure Aug. 24, 2004
Venegas v. County of Los Angeles
Sheriffs act on behalf of state when performing law enforcement activities. 		Government Aug. 24, 2004
Galvin v. Hay
Amended opinion 		Aug. 24, 2004
Wo/Men's Alliance for Medical Marijuana v. United States
Order 		Aug. 24, 2004
U.S. v. Marin Alliance for Medical Marijuana
Order 		Aug. 24, 2004
U.S. v. Ross
Defendant was not prejudiced by government's failure to disclose evidence about key informant. 		Criminal Law and Procedure Aug. 24, 2004
U.S. v. Crawford
Questioning of defendant at FBI office does not amount to custodial interrogation where defendant knows he is free to leave. 		Criminal Law and Procedure Aug. 24, 2004
Valdez v. Allstate Insurance Co.
District court will reconsider whether it properly exercised diversity jurisdiction in insurance case. 		Civil Procedure Aug. 24, 2004
San Pedro v. Ashcroft
Authority to grant discretionary waiver rests with attorney general, not court. 		Immigration Aug. 24, 2004
Medina v. Hornung
State court's harmless error determination can be unreasonable application of federal law only after determination of objective unreasonableness and Brecht analysis. 		Criminal Law and Procedure Aug. 24, 2004
U.S. v. Kellum
Court may grant defendant charged with two indictments downward sentencing adjustment for acceptance of responsibility. 		Criminal Law and Procedure Aug. 24, 2004
Cheema v. Ashcroft
Lack of evidence of terrorist activities warrants reassessment of plaintiffs' petitions for withholding of deportation. 		Immigration Aug. 24, 2004
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