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Name Category Published
U.S. v. Barragan-Espinoza
Appellant's sentencing enhancements for rape and abduction were lawful under Federal Rule 11.
Criminal Law and Procedure Mar. 17, 2004
In re Grand Jury Subpoena (Mark Torf/Torf Environmental Management)
Withheld documents are protected from disclosure by work product doctrine because they were prepared in anticipation of litigation.
Attorneys Mar. 17, 2004
Brodit v. Cambra
Defendant convicted of sexually abusing minor failed to establish due process violations or ineffective assistance of counsel.
Criminal Law and Procedure Mar. 17, 2004
U.S. v. Haswood
Defendant's statements to FBI regarding sexual abuse allegations were not coerced.
Criminal Law and Procedure Mar. 17, 2004
Gilbertson v. Albright
Court decides that doctrine of Younger abstention did not bar defendant's civil rights action.
Constitutional Law Mar. 17, 2004
Nunes v. Mueller
Defendant met requirements of Strickland test which indicated he received ineffective assistance of counsel.
Attorneys Mar. 17, 2004
Cheema v. INS
Denial of withholding of deportation cannot be sustained where there is no evidence that aliens are danger to security of United States.
Immigration Mar. 17, 2004
Lierboe v. State Farm Mutual
Because sole named plaintiff has no cognizable claim, class is inadequately represented and class certification is vacated.
Civil Procedure Mar. 17, 2004
Stegall v. Citadel Broadcasting Co.
Employee may pursue claim that she was fired from radio station for making comments about gender bias.
Employment Law Mar. 17, 2004
People v. Jones
Order
Mar. 17, 2004
Padres LP v. Henderson
Attorney who filed series of lawsuits challenging development of baseball park may be liable for malicious prosecution.
Attorneys Mar. 16, 2004
Saint Agnes Medical Center v. PacifiCare of California
Party to contract didn't waive its contractual right to arbitration by filing lawsuit for purpose of repudiating contract.
Civil Procedure Mar. 16, 2004
Bonnell v. Medical Board of California
State medical board may grant stay of only 10 days once petition for reconsideration has been filed.
Administrative Agencies Mar. 16, 2004
People v. Black
Order
Mar. 16, 2004
Avila v. Jado Properties
Order
Mar. 16, 2004
People v. Cantu
Order
Mar. 16, 2004
Florida v. Nixon
Order
Mar. 16, 2004
People v. Murphy
Order
Mar. 16, 2004
Miller v. Superior Court (People)
Defendant who forcibly resisted victim while carrying away property is guilty of robbery.
Criminal Law and Procedure Mar. 16, 2004
People v. Bautista
Use of military personnel to obtain evidence supporting search warrant is not violation of defendants' Fourth Amendment rights.
Criminal Law and Procedure Mar. 16, 2004
JRS Products Inc. v. Matsushita Electric Corp. of America
Breach of contract claim cannot be changed into tort liability by claim that breach interferes with promisee's business.
Contracts Mar. 16, 2004
Blitz v. Fluor Enterprises Inc.
Plaintiff's reliance creates triable issue of fact as to whether defendant should be estopped from relying upon parol evidence rule.
Contracts Mar. 16, 2004
People v. Partida
Though trial court erroneously allowed admission of gang evidence, doing so resulted only in harmless error.
Criminal Law and Procedure Mar. 16, 2004
Kotla v. Regents of the University of California
Admission of testimony of human resources expert in plaintiff's retaliation lawsuit was prejudicial error.
Employment Law Mar. 16, 2004
Kertesz v. Ostrovsky
Limitations period was tolled by respondent's petition for bankruptcy and automatic stay.
Civil Procedure Mar. 16, 2004
People v. Johnson
Appellate remand solely for correction of sentence in progress did not remove defendant from prison custody or restore him to presentence status.
Criminal Law and Procedure Mar. 16, 2004
Korea Water Resources Corp. v. Lee
Because foreign country's judgment is not conclusive, superior court properly discharged attachment against defendant.
Civil Procedure Mar. 16, 2004
The CIT Group/Equipment Financing Inc. v. Super DVD Inc.
Right to Attach order in favor of respondents is proper because computation of damages was ascertainable from contract.
Civil Procedure Mar. 16, 2004
People v. Danks
Defendant with more than one prior second degree murder conviction is subject to a prior murder special circumstance for each conviction.
Criminal Law and Procedure Mar. 16, 2004
SEC v. Rubera
District court properly found that telephone investment program qualified as security that required registration.
Securities Mar. 16, 2004