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People v. Killebrew
Expert witness' testimony about the subjective intent and knowledge of each individual gang member was inadmissible.
Criminal Law and Procedure Jan. 7, 2003
People v. Thomas
Court may order juvenile disposition after criminal trial on discretionary direct file without securing prosecutor's consent.
Juveniles Jan. 7, 2003
People v. Padilla
Evidence of hallucination is admissible in guilt phase to reduce first-degree murder to second-degree murder.
Criminal Law and Procedure Jan. 7, 2003
In re Jennifer A.
Juvenile court was required to investigate child's Indian heritage before removing her from mother and placing her with father.
Family Law Jan. 7, 2003
Louis J. v. Superior Court (San Diego County Health and Human Services Agency).
Petition for stay is not warranted where legal rights of on-duty litigant are not materially affected by military service.
Family Law Jan. 7, 2003
Lowenstein v. City of Lafayette
City is not liable for taking when it erroneously denied landowner's application for lot line adjustment.
Real Property Jan. 7, 2003
Marin Healthcare District v. Sutter Health
'Hoadley' rule will not bar application of statute of limitations in action by state seeking to void lease and asset transfer agreement.
Civil Procedure Jan. 7, 2003
Redevelopment Agency of the City of San Diego
Redevelopment Agency is not required to show compliance with CERCLA in order to recover clean-up costs from former property owner.
Administrative Agencies Jan. 7, 2003
People v. Wood
Admission of testimony that defendant refused officer warrantless entry into home was harmless error.
Criminal Law and Procedure Jan. 7, 2003
Topanga and Victory Partners v. Toghia
Defendant was properly denied attorney fees because cause of action was voluntarily dismissed.
Contracts Jan. 7, 2003
Choy v. Redland Insurance Co.
State court lacks jurisdiction to determine whether defendant in civil suit filed for bankruptcy in bad faith.
Civil Procedure Jan. 7, 2003
Bias v. Wright
Acceptance notice of offer to compromise that imposed added condition regarding parties' costs does not constitute required proof of acceptance.
Civil Procedure Jan. 7, 2003
Alexander v. Codemasters Group Limited
Employee may sue to enforce stock option agreement despite employer's silence regarding vesting schedule.
Contracts Jan. 7, 2003
Magness Petroleum Co. v. Warren Resources of California Inc.
Oral modification of written agreement to arbitrate future disputes before particular arbitrator is not enforceable.
Civil Procedure Jan. 7, 2003
Marriage of Doherty
Subsidies from mortgage payments made by spouse's employer are separate property following marital separation.
Family Law Jan. 7, 2003
People v. Hall
Court erred in requiring defendant to perform community service in lieu of paying costs of probation.
Criminal Law and Procedure Jan. 7, 2003
Communities for a Better Environment v. California Resources Agency
Jan. 7, 2003
People v. Perez
Jan. 7, 2003
People v. Murillo
Jan. 7, 2003
Farrell v. United States
Income earned on U.S. insular possession is not excludable as 'foreign earned income' under tax law.
Taxation Jan. 7, 2003
Matter of Peavey
Attorney found culpable of misconduct based on loan transactions with clients.
Attorneys Jan. 7, 2003
Zimmer v. PSB Lending Corp. (In re Zimmer)
Court erred in holding wholly unsecured lien is protected by antimodification clause of 11 U.S.C. Section 1322(b)(2).
Bankruptcy Jan. 7, 2003
U.S. v. Rebbe
Where defendant voluntarily signed waiver, government may admit proffered statements from plea negotiations during rebuttal.
Criminal Law and Procedure Jan. 7, 2003
People v. Davis
Court erred in ordering incarceration for defendant's first violation of probation under Proposition 36.
Criminal Law and Procedure Jan. 7, 2003
Inyo County v. Paiute-Shoshone Indians
Order
Jan. 7, 2003
Valinoti v. State Bar
Attorney's reliance on non-attorney services providers to prepare and file immigration applications for aliens violates federal law.
Attorneys Jan. 6, 2003
Marriage of Lange
Promissory note, secured by deed of trust on residence for wife's separate property contributions, is unenforceable because of advantage provided to wife.
Family Law Jan. 6, 2003
People v. Bowden
Court did not inadequately investigate juror misconduct after anxiety stricken juror was excused.
Criminal Law and Procedure Jan. 6, 2003
People v. Davis
Each failure to register as sex offender within specified time period constitutes separate registration violation.
Criminal Law and Procedure Jan. 6, 2003
Teresa J. v. Superior Court (D.J.)
Mother may relinquish child for adoption to private adoption agency.
Family Law Jan. 6, 2003