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Name Category Published
Fisher v. Gibson
Civil defendant who could suffer criminal prosecution must present evidence justifying summary judgment opposition beyond the mere possibility of self-incrimination.
Civil Procedure Aug. 23, 2001
People v. Turner
Prosecutor's dismissal of jurors from city with substantial black population is 'mere surrogate or proxy' for group bias.
Criminal Law and Procedure Aug. 23, 2001
People v. Martin
Momentary or transitory handling of controlled substance for purpose of disposal is defense to possession charge.
Criminal Law and Procedure Aug. 23, 2001
Holmes v. California National Guard
Judgment must be clarified to prevent imposition of state nondiscrimination requirements on National Guard positions governed by federal 'Don't Ask, Don't Tell' policy.
Constitutional Law Aug. 23, 2001
People v. Pollard
Bail bondsman has no interest in client's property purchased with embezzled funds.
Criminal Law and Procedure Aug. 23, 2001
State of Idaho v. Horiuchi
FBI agent isn't entitled to dismissal of state criminal proceedings based on immunity when use of deadly force may have been unreasonable.
Criminal Law and Procedure Aug. 23, 2001
Ronconi v. Larkin
Court affirms dismissal of securities fraud case because allegations didn't meet heightened pleading requirements of Private Securities Litigation Reform Act.
Securities Aug. 23, 2001
Block v. City of Los Angeles
Partial-week suspensions imposed against salaried-city employees for breaking rules unrelated to safety violated Fair Labor Standards Act.
Employment Law Aug. 23, 2001
U.S. v. Sesma-Hernandez
When revoking probation, court must make sufficient findings on record to identify violation and evidence supporting it.
Criminal Law and Procedure Aug. 23, 2001
Edlund v. Massanari
Judge wrongfully denied disability benefits to worker whose mental impairment was substantiated by uncontradicted psychological opinion.
Administrative Agencies Aug. 23, 2001
In re Marriage of Duffy
Order
Aug. 23, 2001
In re Eileen A.
Parent who received inaffective assistance of counsel is entitled to petition for modification of order terminating parental rights.
Family Law Aug. 22, 2001
In re Ivey
Ability to pay is not element of criminal contempt where family court has already determined issue.
Criminal Law and Procedure Aug. 22, 2001
Pinedo v. Premium Tobacco, Inc.
Arbitration agreement unenforceable where used as one-sided mechanism to disadvantage employee rather than true alternative to litigation.
Employment Law Aug. 22, 2001
Kuehn v. Kuehn
Ex-wife's claims that ex-husband concealed community assets raises claim of extrinsic fraud, which is ground for equitable relief from dissolution judgment.
Family Law Aug. 22, 2001
Estate of Swetmann
Beneficiary did not cause will to be transcribed or exert undue influence where no evidence of active participation in making of will exists.
Probate and Trusts Aug. 22, 2001
Morgan v. City of Los Angeles Board of Pension Commissioners
City charter does not permit police officers' incentive pay to be included in calculation of pensions.
Employment Law Aug. 22, 2001
Kyle O. v. Donald R.
Court ordered visitation for grandparents unconstitutionally infringes rights of father.
Family Law Aug. 22, 2001
Nicholas Y., a Minor
Juvenile commits vandalism by defacing theater projection-booth window with Sharpie marker even though markings can be wiped off.
Juveniles Aug. 22, 2001
South Coast Newspapers v. Superior Court (Steven D.)
Prior restraints are invalid where no evidence that in-court identifications would be based on media reports rather than observations at crime scene
Constitutional Law Aug. 22, 2001
D'Sa v. Playhut Inc.
Public policy is violated despite severability and choice-of-law provisions in employment contract that contains illegal covenant not to compete.
Employment Law Aug. 22, 2001
Francisco S., a Minor
Juvenile may not be confined for contempt when underlying offense carries no confinement time.
Juveniles Aug. 22, 2001
Margolin v. Shemaria
Oral fee sharing agreement that does meet standards set by rules of professional conduct cannot be enforced.
Attorneys Aug. 22, 2001
People v. Walker
Court doesn't have authority to order convicted man to submit blood and saliva samples.
Criminal Law and Procedure Aug. 22, 2001
Sacramento County Deputy Sheriff's Association v. County of Sacramento
Measure requiring binding arbitration of employment disputes is compatible with measure requiring voter approval of limited types of arbitration results.
Government Aug. 22, 2001
In re Joseph F.
Police officer did not use excessive force in restraining juvenile on middle school grounds without permission.
Criminal Law and Procedure Aug. 22, 2001
Elan E., a minor
Grandparents not required to pay attorney fees for indigent child represented by appointed pro bono counsel in guardianship proceeding
Family Law Aug. 22, 2001
Schooler v. State of California
State has no obligation to prevent natural erosion of bluff adjacent to owner's property.
Government Aug. 22, 2001
People v. Nguyen
Jury instruction that victim of robbery need not own, possess, or be in control of property taken is not harmless error.
Criminal Law and Procedure Aug. 22, 2001
People v. Tindall
Trial court abused its discretion by allowing prosecution to add prior-conviction allegations before sentencing but after discharge of jury.
Criminal Law and Procedure Aug. 22, 2001