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Name Category Published
250 L.L.C v. Photopoint Corp.
Failure to return security deposit from breached lease prevents landlord from offsetting that amount against future damages. 		Contracts Oct. 17, 2005
People v. Gonzales
Court may admit preliminary hearing transcript during retrial of strike allegation. 		Criminal Law and Procedure Oct. 17, 2005
Marriage of Eggers
Court improperly calculated father's earning capacity for purposes of child support payments. 		Family Law Oct. 17, 2005
First Federal Bank of California v. Fegen
Judgment debtor's appeal seeking to reverse sale of foreclosed property is moot. 		Real Property Oct. 17, 2005
Endangered Habitats League Inc. v. County of Orange (Rutter Development Co. Inc.)
Development projects in Santa Ana Mountains that will increase traffic are inconsistent with county's general plan. 		Environmental Law Oct. 17, 2005
Berg & Berg Enterprises LLC v. Sherwood Partners Inc.
Creditor failed to establish conspiracy claim against attorney of other creditor. 		Attorneys Oct. 17, 2005
S.W., a Minor
Grandmother with criminal history may not take custody of grandchild in dependency case. 		Juveniles Oct. 17, 2005
Benjamin G., a Minor
Parents of disabled child who accept eligibility finding of school district can have expert observe proposed placement. 		Juveniles Oct. 17, 2005
Jeld-Wen Inc. v. Superior Court (Keener)
Claim of negligent entrustment of vehicle is unsupported where there is binding pretrial admission of vicarious liability by employer. 		Torts Oct. 17, 2005
Huntington Memorial Hospital v. Superior Court (Mutuc)
Nurses may sue hospital for paying 'short-shift differential' in effort to evade overtime laws. 		Employment Law Oct. 17, 2005
City of King City v. Community Bank of Central California
Court committed prejudicial error in precluding bank from conducting discovery in lawsuit initiated by city. 		Civil Procedure Oct. 17, 2005
Trend Homes Inc. v. Superior Court (Azperren)
Home purchase agreement requiring submission of disputes to judicial referee is enforceable. 		Contracts Oct. 17, 2005
Solv-All v. Superior Court (SMS Supermarket Service Inc.)
Party whose attorney failed to file timely answer is entitled to mandatory relief from default judgment. 		Attorneys Oct. 17, 2005
Service Employees International Union v. Cupertino Union School District
Union's timely but procedurally defective demand to arbitrate grievance did not constitute waiver of arbitration rights. 		Labor Law Oct. 17, 2005
Singer Asset Finance Co. v. Gallagher (In re Gallagher)
UCC provision does not apply to structured settlements arising out of tort or to structured settlements containing non-assignment clause. 		Bankruptcy Oct. 17, 2005
Heath v. American Express Travel Related Services Co. (In re Heath)
Insufficiency of creditors' proof of claims against debtors was not basis to disallow claims under Bankruptcy Code. 		Bankruptcy Oct. 17, 2005
Inco Development Corp. v. Superior Court (Haynes)
Tolling provision does not extend period for plaintiff to file lawsuit based on latent construction defects. 		Torts Oct. 17, 2005
Lincoln Place Tenants Assn. v. City of Los Angeles (Los Angeles Lincoln Place Investors Ltd.)
Owners of apartment complex cannot begin demolition without complying with conditions attached to redevelopment project approval. 		Environmental Law Oct. 17, 2005
The Roman Catholic Archbishop of Los Angeles v. Superior Court (People)
Disclosure of documents in sexual assault cases against priests did not violate clergy-penitent privilege. 		Criminal Law and Procedure Oct. 17, 2005
Salisbury v. County of Orange
Criminal defendant who sues his attorney for malpractice is entitled to have issue of his innocence determined by jury. 		Attorneys Oct. 17, 2005
Richard B. Levine Inc. v. Higashi
Plaintiff cannot proceed with civil conspiracy claim against partnership's accountant after arbitrator decided no tort was committed. 		Civil Procedure Oct. 14, 2005
People v. Mitchell
Order 		Oct. 14, 2005
Dye v. Hofbauer
Failure of state appellate court to mention federal claim does not mean claim was not presented to it. 		Constitutional Law Oct. 14, 2005
Doe v. Gonzales
Applicants seeking to vacate stay have not shown cause so extraordinary as to justify intervention. 		Civil Procedure Oct. 14, 2005
Michelle C., a Minor
Parental rights termination hearing conducted in absence of parent or parent's attorney resulted in due process violation. 		Family Law Oct. 13, 2005
California State Personnel Board v. California State Employees Assoc.
Permanent appointment of state employees based solely on seniority violates state constitution. 		Labor Law Oct. 13, 2005
People v. Dunkle
Jury's verdict that defendant was mentally competent to stand trial was not erroneous or ambiguous. 		Criminal Law and Procedure Oct. 13, 2005
Grafton Partners LP v. Superior Court (PriceWaterhouseCoopers LLP)
Pre-dispute agreement between parties waiving right to adjudicate lawsuit through jury trial was unenforceable. 		Civil Procedure Oct. 13, 2005
Opinion of Lockyer
Water Code statute allows agreements between water districts and land developers for construction of oversized water facilities. 		Government Oct. 13, 2005
Copren v. State Bar
Suspended attorney must comply with Rule 955 of Rules of Court if actual suspension exceeds 90 days. 		Attorneys Oct. 13, 2005
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