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Muegler v. Bening
Defendant found to have committed fraud under Missouri law is estopped from challenging finding in bankruptcy court.
Civil Procedure Oct. 5, 2005
Paulsen v. Daniels
Prison bureau violated Administrative Procedure Act in adopting regulation pertaining to early release program.
Prisoners Rights Oct. 5, 2005
Resendiz v. Kovensky
State court judgment did not render immigrant 'in custody' for purposes of avoiding deportation.
Immigration Oct. 5, 2005
Mujahid v. Daniels
Bureau of Prisons may limit to 470 days good time credit of prisoner serving ten-year sentence.
Criminal Law and Procedure Oct. 5, 2005
U.S. v. Nakai
Transfer of trial to community with smaller Native American population did not deprive defendant of fair representation of community.
Criminal Law and Procedure Oct. 5, 2005
U.S. v. Vo
Twelve days during which detention motion was pending are excludable for speedy trial calculation although they did not result in pretrial delay.
Criminal Law and Procedure Oct. 5, 2005
People v. Ferris
State does not bear burden of proving defendant's sanity beyond reasonable doubt.
Criminal Law and Procedure Oct. 5, 2005
People v. Zavala
Court need not give unanimity instruction in stalking case.
Criminal Law and Procedure Oct. 5, 2005
F. Hoffman-La Roche v. Superior Court (Wertheimer)
Parent company exercising no operational control of subsidiary may not be subject to personal jurisdiction in state subsidiary does business.
Civil Procedure Oct. 5, 2005
Bisno v. Santa Monica Rent Control Board
Rent control board may adopt regulation allowing landlord to petition for rent increase for tenant who does not principally reside at unit.
Real Property Oct. 5, 2005
Placer v. Superior Court (Stoner)
Trial court has authority to allow probationer to inspect nonconfidential portions of probation file.
Criminal Law and Procedure Oct. 5, 2005
Scottsdale Insurance Co. v. State Farm Mutual Automobile Insurance Co.
Policy's exclusion for bodily injury did not bar coverage for insured's employee's injury under policy.
Insurance Oct. 5, 2005
Nagrampa v. Mailcoups Inc.
Order
Oct. 5, 2005
Roos v. Red
Trial court properly gave bankruptcy court's findings collateral estoppel effect in wrongful death case.
Civil Procedure Oct. 5, 2005
Root v. American Equity Specialty Insurance Co.
Attorney's deadline to report malpractice claim to insurer may be equitably tolled under narrow circumstances.
Insurance Oct. 5, 2005
Marsh v. Workers' Compensation Appeals Board
New apportionment provisions enacted by 2004 workers' compensation legislation applies to pending appeal.
Workers' Compensation Oct. 5, 2005
ABF Capital Corp. v. Osley
Premature post-judgment motion does not accelerate deadline for appeal before separate judgment has been entered.
Civil Procedure Oct. 5, 2005
Ridgecrest Charter School v. Sierra Sands Unified School District
School district must accommodate charter school students at one site or minimize number of sites even if it requires relocating students.
Education Oct. 5, 2005
A.C., a Minor
California lacks subject-matter jurisdiction over dependency proceeding involving child whose parents are residents of Mexico.
Juveniles Oct. 5, 2005
ABF Capital Corp. v. Berglass
Defendant's alleged inconsistent positions asserted during trial were not grounds for new trial.
Civil Procedure Oct. 5, 2005
Lu v. Grewal
Fair market rental value is proper measure for mitigation when lessee abandons commercial lease.
Real Property Oct. 5, 2005
Washington Toxics Coalition v. Environmental Protection Agency
Federal environmental agency must engage in consultation prior to registration of pesticides.
Environmental Law Oct. 5, 2005
People v. Gomez
Subjective intent of police offer conducting search of probationer's home is irrelevant to lawfulness of search.
Criminal Law and Procedure Oct. 5, 2005
People v. Smith
Order
Oct. 5, 2005
Arno v. Helinet Corp.
Trial court properly found settlement offer in case of helicopter crash was reasonable and in good faith.
Civil Procedure Oct. 5, 2005
Housing Authority of the County of Monterey v. Jones
Superior court judge who ruled in contested pretrial proceeding may not participate in appellate division review of different proceeding in same case.
Judges Oct. 5, 2005
People v. Shelmire
Defendant is entitled to jury instruction only when defense theory is supported by substantial evidence.
Criminal Law and Procedure Oct. 5, 2005
Taylor v. Van-Catlin Construction
Trial court lacked authority to 'correct' arbitrator's award of attorney fees to prevailing party.
Civil Procedure Oct. 5, 2005
People v. Aegis Security Insurance Co.
Premature entry of judgment against bail bond surety did not result in loss of court's jurisdiction over matter.
Criminal Law and Procedure Oct. 5, 2005
County of Los Angeles v. Superior Court (Union of American Physicians and Dentists)
Court cannot order district attorney to produce minutes of closed session of Los Angeles Board of Supervisors.
Civil Procedure Oct. 5, 2005