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Ferraris v. Alexander
Court determining habitual residence in Hague Convention petition may focus on intent of mother when father was never part of family unit.
Family Law Aug. 21, 2005
People v. Thurman
Proposition 36 authorizes trial court to require defendant to waive custody credits as condition of probation.
Criminal Law and Procedure Aug. 21, 2005
Hoveida v. Scripps Health
Parties may not create appellate jurisdiction by stipulating to dismissal of claim without prejudice to gain final judgment.
Civil Procedure Aug. 21, 2005
People v. Thoma
Defendant's silence to court's description of victim's injuries was admissible as adoptive admission.
Criminal Law and Procedure Aug. 21, 2005
People v. Diaz
Failure to yield cannot be used as one qualifying violation to establish willful disregard element of evasion offense.
Criminal Law and Procedure Aug. 21, 2005
People v. Minor
Prosecution can use prior conviction as enhancing allegation although extradition agreement prohibited punishment for that offense.
Criminal Law and Procedure Aug. 21, 2005
Los Angeles County Dept. of Children and Family Services v. Superior Court (Sencere P.)
Court cannot place minor with grandparent until it completes criminal check of all adults living in home.
Family Law Aug. 21, 2005
Traci & Marx Co. v. Legal Options
California court must recognize another state's judgment even if different result would have been rendered under California law.
Civil Procedure Aug. 21, 2005
Overland v. Superior Court (County of Los Angeles)
Court's refusal to pay pre-exoneration interest on cash bail deposit does not constitute taking.
Criminal Law and Procedure Aug. 21, 2005
Caira v. Offner
Trial court did not abuse its discretion in excluding from evidence e-mail sent during settlement negotiations.
Civil Procedure Aug. 21, 2005
People v. Poslof
In defendant's trial for failure to register as sex offender, jury instruction error was harmless beyond reasonable doubt.
Criminal Law and Procedure Aug. 21, 2005
American Financial Services Association v. City of Oakland
Oakland's predatory lending ordinance is preempted by state law.
Civil Procedure Aug. 21, 2005
People v. Young
Defendant's claims against prosecutor's use of peremptory challenges against prospective black female jurors lack merit.
Criminal Law and Procedure Aug. 21, 2005
American Federation of State, County and Municipal Employees v. Metropolitan Water District of Southern California
Bargaining unit cannot compel arbitration where appeal procedure in memorandum of understanding allows court review of dispute resolutions.
Labor Law Aug. 21, 2005
Yoo v. Robi
Music manager who violated licensing requirements of Talent Agency Act cannot recover commission for securing recording engagement.
Contracts Aug. 21, 2005
California Commission on Peace Officer Standards and Training v. Superior Court (The Los Angeles Times Communications)
Information from peace officer personnel records is privileged and exempt from disclosure under California Public Records Act.
Government Aug. 19, 2005
Catholic Mutual Relief Society v. Superior Court (Roman Catholic Archdiocese of San Diego)
Insurers of defendants in Catholic Church sexual abuse case are not required to turn over documents regarding their financial condition.
Civil Procedure Aug. 19, 2005
People v. Pinedo
Prosecutor cannot refile felony complaint for case that was dismissed on speedy-trial grounds.
Criminal Law and Procedure Aug. 19, 2005
People v. Morris
Order
Aug. 19, 2005
People v. Salinas
Order
Aug. 19, 2005
People v. Hamilton
Order
Aug. 19, 2005
People v. Hinkle
Order
Aug. 19, 2005
People v. Herring
Order
Aug. 19, 2005
People v. Rhodes
Sentence of life without parole for second-degree murder of peace officer with special circumstance does not violate equal protection.
Constitutional Law Aug. 19, 2005
Olen Commercial Realty Corp. v. County of Orange
Assessor properly used 'comparable sales' method to determine value of improved property.
Taxation Aug. 19, 2005
N.V. Heathorn Inc. v. County of San Mateo
County's failure to obtain payment bond from original contractor on public project qualifies as injury under Government Tort Claims Act.
Government Aug. 19, 2005
People v. Noel
Defendant convicted of second-degree murder after her dog mauled neighbor is not entitled to retrial.
Criminal Law and Procedure Aug. 19, 2005
Anderson v. Time Warner Telecom of California Inc.
Landowners who granted easement to county for highway cannot maintain encroachment claim against telecommunications provider that laid fiber optic cables.
Real Property Aug. 19, 2005
People v. Munoz
Evidence of defendant's prior commitments as sexually violent predator was inadmissible at latest hearing.
Criminal Law and Procedure Aug. 19, 2005
People v. Williams
Prosecution has no right to appeal magistrate's decision at preliminary examination to reduce charged felony wobbler to misdemeanor.
Criminal Law and Procedure Aug. 19, 2005