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U.S. v. Saya
Amended opinion
Jun. 28, 2001
Cruz-Aguilera v. INS
Order
Jun. 28, 2001
U.S. v. Gaither
Guilty plea given during course of judge's colloquy was not improper where questioning was not coercive.
Criminal Law and Procedure Jun. 28, 2001
East Quincy Services District v. General Accident Insurance Co. of America
Insurance company is liable for wage and hour violations committed by defaulting policyholder.
Insurance Jun. 28, 2001
White v. State of California
California Legislature's passage of statutes allocating property and sales tax revenues to Orange County's general fund was not unconstitutional.
Constitutional Law Jun. 28, 2001
Kolodge v. Boyd
Where bid at nonjudicial foreclosure sale is less than total outstanding debt, triable issue remains as to whether it's 'full credit bid.'
Torts Jun. 28, 2001
Rosenaur v. Scherer
Defamation claims properly stricken when plaintiff fails to show that defendants acted with malice and other speech constitutionally protected.
Civil Procedure Jun. 28, 2001
People v. Labaer
Stripped-down mobile home is structure within meaning of arson statute.
Criminal Law and Procedure Jun. 28, 2001
U.S. v. Silver
Private contractor who is fined for selling false goods to government is entitled to receive offset for resale value.
Government Jun. 28, 2001
Newhall Land and Farming Co. v. McCarthy Construction
In condominium construction defect suit, subcontractor that was not involved in initial construction was properly granted summary judgment.
Civil Procedure Jun. 28, 2001
U.S. v. Zuno-Arce
Amended opinion
Jun. 28, 2001
Redding Rancheria v. Shasta Superior Court (In re Hansard)
Native American tribe and its casino are immune from personal injury lawsuit arising from incident outside reservation.
Native American Affairs Jun. 28, 2001
Gross v. Pirtle
Deputy is entitled to qualified immunity in excessive force claim because 'kicking very hard' doesn't conflict with Fourth Amendment reasonableness standard.
Criminal Law and Procedure Jun. 28, 2001
Kowalczyk v. INS
Immigrant is entitled to rebut administrative finding that political changes in native country do not justify grant of asylum.
Immigration Jun. 28, 2001
Sterling Consulting Corp. v. U.S.
Federal court is not authorized to determine tax liability of corporation placed in receivership.
Taxation Jun. 28, 2001
U.S. v. Dwyer
Possession of unregistered firearm is crime of violence and defendant's sentence may be enhanced for such violation.
Criminal Law and Procedure Jun. 28, 2001
People v. Martinez
Defendant's right to privacy under both California Constitution and patient-psychotherapist privilege is not violated by use of his psychological records and evaluations.
Criminal Law and Procedure Jun. 28, 2001
Forbes v. Napolitano
Amended opinion
Jun. 28, 2001
In re California Power Exchange Corp.
California municipality and public utility aren't entitled to extraordinary relief from nonfinal Federal Energy Regulatory Commission orders restructuring state's electricity market.
Administrative Agencies Jun. 28, 2001
People v. Murphy
Imposition of three strikes law against defendant with mental disorder is not cruel and unusual punishment.
Criminal Law and Procedure Jun. 28, 2001
Jobe v. The City of Orange (Lutheran High School Asso. of Orange County)
Private school denied award of attorney fees because school had significant pecuniary interest in defending challenge to its expansion.
Civil Procedure Jun. 28, 2001
Gossett v. State of Oklahoma
Court abused its discretion by refusing to consider affidavits that show policy of gender discrimination at nursing school.
Civil Rights Jun. 28, 2001
People v. Ngoun
Gang member who perpetrated, rather than aided or abetted, murder is eligible for increased sentence based on participation in street gang.
Criminal Law and Procedure Jun. 28, 2001
Santa Barbara Pistachio Ranch v. Chowchilla Water District
Evidence of lost profits from diseased pistachio trees should not have been automatically excluded from calculation of damages.
Torts Jun. 28, 2001
In re Marriage of Shaban
Parol evidence may not be used to satisfy the statute of frauds in prenuptial agreements.
Family Law Jun. 28, 2001
John v. United States
The 9th U.S. Circuit Court of Appeals sitting en banc upholds judgment of federal district court.
Civil Procedure Jun. 28, 2001
FNB Mortgage Corp. v. Pacific General Group
Action arising from alleged construction defects is barred by statute of limitations, despite tolling agreement between the parties.
Torts Jun. 28, 2001
Hammond v. Agran
Candidates for nonpartisan elective office may include their ideas or platform in their candidate's statement.
Government Jun. 28, 2001
People v. Stanfill
Wrong jury instruction on statute of limitation for lesser, misdemeanor offense violates defendant's right to due process and fair trial.
Criminal Law and Procedure Jun. 28, 2001
People v. Williams
Trial court's failure to commence trial prior to statutory deadline doesn't preclude court from retaining jurisdiction of case.
Criminal Law and Procedure Jun. 28, 2001