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Name Category Published
Citizens for Goleta Valley v. HT Santa Barbara
Defendants must provide bond or letter of credit securing their payment obligations under prior settlement agreement.
Contracts Jul. 28, 2004
Alvarez v. Superior Court (Los Angeles County Sheriff's Dept.)
Defendant on trial for resisting arrest is entitled to discover evidence that arresting officer engaged in workplace violence.
Criminal Law and Procedure Jul. 28, 2004
Haggerty v. Superior Court (Guindazola)
Trial court erred in ordering disclosure of internal affairs' report without first redacting portions reflecting investigating officer's analysis and conclusions.
Civil Procedure Jul. 28, 2004
Moran v. Oso Valley Greenbelt Assn.
Plaintiff entitled to award of attorney fees in suit against corporation for failure to produce records.
Attorneys Jul. 28, 2004
Millikan v. American Spectrum Real Estate Services California Inc.
Landlord in commercial lease case is entitled to award of selling expenses caused by tenant's breach.
Contracts Jul. 28, 2004
Southern California Edison Co. v. Public Utilities Commission (The Utility Reform Network)
Public Utilities Commission's award to consumer advocacy organization that actively participated in federal court actions is proper.
Government Jul. 28, 2004
Aguilar v. Lerner
Because plaintiff waived his rights under Mandatory Fee Arbitration Act, preexisting arbitration agreement with attorney was enforceable.
Attorneys Jul. 28, 2004
Lopez v. Charles Schwab & Co. Inc.
Securities broker that rejected account application cannot enforce account's arbitration provision.
Civil Procedure Jul. 28, 2004
Jiagbogu v. Mercedex-Benz USA
Plaintiff's continued use of vehicle after he requested manufacturer buyback vehicle isn't waiver of recission under Song-Beverly Consumer Warranty Act.
Contracts Jul. 28, 2004
Hindin v. Rust
In malicious prosecution action, summary adjudication is not permitted when some, but not all claims are supported by probable cause.
Civil Procedure Jul. 28, 2004
Metcalf v. U-Haul International Inc.
New anti-SLAPP statute does not affect constitutionally protected speech, it merely creates classification of litigants.
Constitutional Law Jul. 28, 2004
Knowles v. Superior Court (Labo)
Statute of limitations period in wrongful death case was triggered when medical negligence was first suspected.
Civil Procedure Jul. 28, 2004
Action Apartment Assn. Inc. v. City of Santa Monica
City ordinance that prohibits landlords from harassing tenants in rent-controlled housing is pre-empted by state law.
Civil Procedure Jul. 28, 2004
People v. Lovings
Defendant's attempts to disqualify trial attorney are barred by voluntary guilty plea.
Criminal Law and Procedure Jul. 28, 2004
Anastos v. Lee
Plaintiff who serves summons and complaint by publication isn't required to obtain separate court order to serve statement of damages by publication.
Civil Procedure Jul. 28, 2004
Gebremicael v. California Commission on Teacher Credentialing
Defendant whose 'wobbler' offense was reduced from felony to misdemeanor may seek teaching credential.
Education Jul. 28, 2004
People v. Sisavath
Sexual abuse victim's 'testimonial' hearsay statements to police officer and facility interviewer were inadmissible.
Criminal Law and Procedure Jul. 28, 2004
Holiday Matinee Inc. v. Rambus Inc.
Because plaintiff's claims arise under federal patent law, state court lacks subject matter jurisdiction.
Civil Procedure Jul. 28, 2004
Paneno v. Centres For Academic Programmes Abroad Ltd.
Study abroad program with 'affiliate' in United States should not be permitted to escape responsibility by claiming lack of jurisdiction.
Civil Procedure Jul. 28, 2004
U.S. v. Epis
Order
Jul. 27, 2004
Regional Parking Inc. v. Department of Motor Vehicles
Order
Jul. 27, 2004
Wasif M., a Minor
Minor is guilty of violating statute when he threw stone at bus even if he lacked requisite intent to strike it.
Criminal Law and Procedure Jul. 27, 2004
People v. McHugh
Otherwise reasonable arrest does not become unreasonable because it led to violation of state statute concerning collection of evidence.
Criminal Law and Procedure Jul. 27, 2004
People v. Pescador
Jury instruction regarding defendant's acts of domestic violence was properly given in murder trial.
Criminal Law and Procedure Jul. 27, 2004
Elite Show Services Inc. v. Staffpro Inc.
Inclusion of agreement to pay 'reasonable' attorney fees in pretrial settlement offer does not make offer unenforceable for uncertainty.
Civil Procedure Jul. 27, 2004
People v. Arjon
Motion to dismiss brought one hour prior to criminal trial without explanation for delay was properly dismissed.
Civil Procedure Jul. 27, 2004
Ruiz v. Appellate Division of the Superior Court (People)
Defendant's peremptory challenge against trial judge was properly filed under 'master calendar' rule.
Civil Procedure Jul. 27, 2004
People v. Lopez
Defendant sentenced under habitual sexual offender law may also be sentenced under one strike law.
Criminal Law and Procedure Jul. 27, 2004
People v. Jenkins
'Knock and talk' procedure does not rise to level of investigative detention requiring suspicion of criminal activity.
Criminal Law and Procedure Jul. 27, 2004
People v. Celis
Police were justified to search home of suspect believed to store drugs and money in tire.
Criminal Law and Procedure Jul. 26, 2004