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Name Category Published
People v. Montoya
Vehicle theft is not lesser included offense of carjacking because theft requires asportation of vehicle while carjacking does not. 		Criminal Law and Procedure Aug. 6, 2004
Felgenhauer v. Soni
Person can claim prescriptive easement without believing he is legally entitled to use easement. 		Real Property Aug. 6, 2004
People v. Griffin
Holding victim's arms to the ground by her shoulders while defendant inserted his penis into her vagina did not constitute forcible rape. 		Criminal Law and Procedure Aug. 6, 2004
Jonathan Neil & Associates Inc. v. Jones
Billing mistake by insurer does not create tort action for breach of duty of good faith and fair dealing. 		Insurance Aug. 5, 2004
People v. Gonzalez
Conviction of defendant for use and possession of false compartment to hide drugs was based on substantial evidence. 		Criminal Law and Procedure Aug. 5, 2004
Swift v. Dept. of Corrections
Department of Corrections is immune from plaintiff's action for its decisions regarding revocation of parole. 		Government Aug. 5, 2004
People v. Hernandez
Reversal is not required where trial court should have bifurcated trial of gang enhancement from trial of underlying offenses. 		Criminal Law and Procedure Aug. 5, 2004
Eyak Native Village v. Daley
Order 		Aug. 5, 2004
People v. Gomez
Defendant's suppression motion was properly denied despite unduly prolonged detention because probable cause existed to support de facto arrest. 		Criminal Law and Procedure Aug. 5, 2004
Luis C., a Minor
Trial court was required to instruct jury that ward had right not to testify and no inference could be drawn from not testifying. 		Juveniles Aug. 4, 2004
Arluk Medical Center Industrial Group, Inc. v. Dobler
Trustee has no duty to preserve trust assets for benefit of creditors who have claims pending against estate. 		Probate and Trusts Aug. 4, 2004
People v. Orabuena
Aug. 4, 2004
People v. Seijas
Aug. 4, 2004
Bronco Wine Co. v. Espinoza
State law regulating use of brand names on labels on wine bottles is void. 		Civil Procedure Aug. 4, 2004
People v. Leal
Response, which may be interpreted as adoptive admission, was properly admissible since it was not made during custodial interrogation. 		Criminal Law and Procedure Aug. 4, 2004
U.S. v. Lewis
Interlocutory appeal of defendant's fair warning claim is dismissed for lack of jurisdiction. 		Criminal Law and Procedure Aug. 3, 2004
Opinion of Lockyer
Airport land-use commission may not exempt specific plan adopted by city or county from compliance with more stringent compatibility standards. 		Administrative Agencies Aug. 2, 2004
Traditional Cat Association Inc. v. Gilbreath
Allegedly defamatory statements posted on Internet are subject to 'single publication' rule. 		Torts Jul. 30, 2004
Vine v. Bear Valley Ski Co.
Trial court's refusal to instruct jury on assumption of risk was reversible error. 		Torts Jul. 30, 2004
Noble v. Franchise Tax Board
Plaintiffs who intended, but had not yet moved to Colorado, were residents of California and subject to state's tax laws. 		Taxation Jul. 30, 2004
In re Cortinas
Prison board's finding that convicted murderer was unsuitable for parole was supported by 'some evidence.' 		Criminal Law and Procedure Jul. 30, 2004
City of Morgan Hill v. Bay Area Air Quality Management District (Calpine Inc.)
City's challenges to approval of permit for construction of power plant based on California Environmental Quality Act fail. 		Environmental Law Jul. 30, 2004
Valley Vista Services Inc. v. City of Monterey Park
City ordinance limiting solicitations by waste disposal companies does not conflict with state law. 		Government Jul. 30, 2004
People v. Schaefer
Court did not err in refusing to submit to jury question of whether operating drug lab was inherently dangerous felony. 		Criminal Law and Procedure Jul. 30, 2004
City of San Diego v. Kevin B.
Failure to take defendant into custody for evaluation prohibits forfeiture of firearms found in his home under Welfare code. 		Criminal Law and Procedure Jul. 30, 2004
Siegel v. Anderson Homes Inc.
Successive home owners have standing to sue for construction defects that existed prior to purchase. 		Real Property Jul. 30, 2004
People v. Garcia
Juvenile charged under Proposition 21 may be sentenced as adult without consideration of social study. 		Juveniles Jul. 30, 2004
People v. Ary
Trial court should have held competency hearing because substantial evidence of defendant's incompetence was introduced during pretrial proceedings. 		Criminal Law and Procedure Jul. 30, 2004
Bakersfield City School Dist. v. Superior Court (The Bakersfield Californian)
Disclosure of public employee's disciplinary record is dependent on reasonable conclusion that complaint is well-founded. 		Civil Procedure Jul. 30, 2004
People v. Zichko
Plaintiff's verbal threats were not admissions, but rather were crime of making criminal threat with which plaintiff was charged. 		Criminal Law and Procedure Jul. 30, 2004
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