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Name Category Published
Pinnacle Museum Tower Association v. Pinnacle Market Development
Order
Nov. 14, 2010
California Teachers Association v. Governing Board
Order
Nov. 14, 2010
Clarendon America Insurance v. Starnet Insurance
Order
Nov. 14, 2010
People v. Miller
Order
Nov. 14, 2010
In re Coley
Order
Nov. 14, 2010
People v. Jackson
Evidence of defendant's refusal to take preliminary alcohol screening test should not be admitted to show consciousness of guilt.
Criminal Law and Procedure Nov. 14, 2010
Abaya v. Spanish Ranch I L.P.
Court’s denial of motion to compel arbitration is proper given risk of inconsistent rulings on common issues if different forums are used.
Civil Procedure Nov. 14, 2010
Bright v. 99 Cents Only Stores
Violation of wage order requiring suitable seating is violation of Labor Code Section 1198 for which civil penalties are available.
Employment Law Nov. 14, 2010
People v. Ramirez
Court’s failure to instruct jury on voluntary manslaughter offense is prejudicial error where prosecution presents weak testimonial evidence against defendant on murder charge.
Criminal Law and Procedure Nov. 14, 2010
Yes on 25, Citizens for an On-Time Budget v. Superior Court (Brown)
Pre-election materials prepared by Attorney General are accurate where language is not misleading and ballot’s title and summary plainly states proposition’s purpose.
Government Nov. 14, 2010
People v. Cortez
Court properly imposes $30 ‘court facilities’ fee on defendant’s convictions for sex offenses under Government Code Section 70373.
Criminal Law and Procedure Nov. 11, 2010
People v. Rasmussen
Jury instruction is correct where prosecution relies on theory of general intent crime, regardless of whether offense can be committed under alternate theory.
Criminal Law and Procedure Nov. 10, 2010
Roberts v. Director, Office of Workers' Compensation Programs (Kemper Insurance Companies)
In calculating compensation rate under Longshore and Harbor Workers' Compensation Act, national average weekly wage when employee became disabled is properly applied.
Maritime Law Nov. 10, 2010
U.S. v. Grob
District court commits procedural error in incorrectly calculating defendant’s sentence based on prior offense that was irrelevant to current offense.
Criminal Law and Procedure Nov. 10, 2010
Doe v. Roman Catholic Bishop of Sacramento
Fraud claim is barred by statute of limitations where plaintiff failed to investigate whether her children were molested despite notice of suspected abuse.
Torts Nov. 10, 2010
U.S. v. Diaz-Lopez
'Best evidence rule' is inapplicable to agent’s testimony regarding database search to show defendant had not filed proper immigration form.
Criminal Law and Procedure Nov. 9, 2010
Dent v. Holder
Aliens have due process rights in deportation proceedings, including access to all documents not considered confidential pertaining to admission or presence in U.S.
Immigration Nov. 9, 2010
Cumbre Inc. v. State Compensation Insurance Fund
Jury instruction on doctrine of fair procedure elements is proper although it was not identical to party’s requested wording.
Civil Procedure Nov. 9, 2010
Toyota Motor Sales U.S.A. Inc. v. Superior Court (Braun)
Court errs in allowing presence of plaintiff's counsel in adjoining room to monitor psychiatric examination where such measures were not needed.
Civil Procedure Nov. 9, 2010
Wong v. Jing
Court properly denies anti-SLAPP motion on libel claim where plaintiff established prima facie showing of probable success on merits.
Torts Nov. 9, 2010
In re Macias
Board of Parole Hearings’ reliance on ‘lack of insight’ to deny parole must be based on factually identifiable deficiency, not speculation of facts.
Criminal Law and Procedure Nov. 9, 2010
Laswell v. AG Seal Beach LLC
Denial of motion to compel arbitration based on presence of third-party defendants is improper where defendants were related to facility named in agreement.
Civil Procedure Nov. 9, 2010
Bailey J., a Minor
Sibling relationship exception to adoption does not apply where there is no compelling reason to conclude that adoption would be detrimental to child.
Juveniles Nov. 9, 2010
Fireman’s Fund Insurance Co. v. WCAB
Agreement between employers where one employer agreed to obtain insurance coverage for mutual employees does not extinguish joint liability for workers’ compensation claims.
Workers' Compensation Nov. 9, 2010
Abers v. Rounsavell
Appellate court may independently determine whether contract is ambiguous and is not bound by trial court’s legal interpretation of contract term.
Contracts Nov. 8, 2010
Wilson v. Corcoran
Federal courts may not issue habeas writ to state prisoner whose custody is not shown to be in violation of federal laws.
Criminal Law and Procedure Nov. 8, 2010
Berryhill v. Henry, Gov. of OK, et al.
Order
Nov. 8, 2010
Corbin v. Florida, et al.
Order
Nov. 8, 2010
Perkins v. Ammons
Order
Nov. 8, 2010
Conservatorship of Whitley
Court may not consider litigant’s nonpecuniary motives in litigation to deny attorney fees under Code of Civil Procedure Section 1021.5.
Civil Procedure Nov. 8, 2010