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Name Category Published
McCollum on Discipline
Order
Aug. 11, 2005
Bodega Bay Concerned Citizens v. County of Sonoma (Bodega Bay Sunset Property)
County may grant extension of tentative subdivision map after expiration date if application for extension was timely filed.
Real Property Aug. 11, 2005
Salmon Protection and Watershed Network v. County of Marin (Hedlund)
County cannot grant categorical exemption from review of project that may significantly effect environment.
Environmental Law Aug. 11, 2005
People v. Alvarado
Animal cruelty is general intent crime.
Criminal Law and Procedure Aug. 11, 2005
I.M., a Minor
Court may impose restitution for victim's funeral expenses against defendant who was accessory after the fact to murder.
Criminal Law and Procedure Aug. 11, 2005
Persson v. Smart Inventions Inc.
Person who was fraudulently induced to enter into contract is not required to rescind it in order to sue for fraud.
Contracts Aug. 11, 2005
Smith v. Superior Court (Loreal USA)
Order
Aug. 11, 2005
People v. Davey
Order
Aug. 11, 2005
People v. Kendrick
Order
Aug. 11, 2005
Quest International v. Icode Corporation
Order
Aug. 11, 2005
People v. Juarez
Order
Aug. 11, 2005
People v. Kilday
Order
Aug. 11, 2005
People v. Jeter
Conflicting jury instructions require reversal of defendant's conviction for assault by prisoner serving life sentence.
Criminal Law and Procedure Aug. 11, 2005
United Investors Life Insurance Co. v. Waddell & Reed Inc.
Plaintiff is sufficiently aggrieved by dismissal of its complaint that it has standing to appeal.
Civil Procedure Aug. 11, 2005
Baldwin Builders v. Coast Plastering Corp.
Attorney fee clause included in indemnity agreement between general contractor and subcontractor is subject to reciprocity principles.
Attorneys Aug. 11, 2005
People v. Fernandez
Order
Aug. 11, 2005
People v. Jaffe
Order
Aug. 11, 2005
People v. Howard
Crime of driving with willful disregard for safety while fleeing police is not inherently dangerous felony for purpose of felony-murder.
Criminal Law and Procedure Aug. 11, 2005
Hudis v. Crawford
Dismissal for lack of standing does not constitute favorable termination on the merits for malicious prosecution purposes.
Torts Aug. 11, 2005
People v. Superior Court (Lopez)
Defendant who is incompetent to stand trial must be placed in hospital or secure treatment facility rather than receive 'alternative placement.'
Criminal Law and Procedure Aug. 11, 2005
American Casualty Company of Reading, PA v. General Star Indemnity Co.
Coverage of additional insured is unlimited although policyholder would not have to indemnify because loss resulted from negligence of additional insured.
Insurance Aug. 11, 2005
Cook v. City of Buena Park
Ordinance requiring that landlord evict all occupants of rental unit when tenant has engaged in drug activity violates procedural due process.
Constitutional Law Aug. 11, 2005
Israel-Curley v. California Fair Plan
Plaintiff who received settlement against Northridge quake insurer is not entitled to extended limitation period for second claim.
Civil Procedure Aug. 11, 2005
City of Santa Monica v. Stewart
City's cross-action against organization's complaint to force city to implement initiative is covered by anti-SLAPP statute.
Civil Procedure Aug. 11, 2005
Marriage of Henry
Increase in residential home's equity value is not income for child support purposes.
Family Law Aug. 11, 2005
People v. Percelle
In nonprobation context, defendant cannot be required to pay victim restitution for crime of which he was acquitted.
Criminal Law and Procedure Aug. 11, 2005
Penrod v. County of San Bernardino
Ordinance allowing county board of supervisors to remove sheriff by four-fifths vote is facially constitutional.
Government Aug. 11, 2005
State of California ex rel. Bowen v. Bank of America Corp.
Banks' failure to refund reconveyance fees did not violate state's false claims law.
Government Aug. 11, 2005
Klompenburg v. Berghold
Landowners are not entitled to build gates on easement running across their land.
Real Property Aug. 11, 2005
People v. Foreman
Conviction for forging prescription to obtain drugs does not fall under Proposition 36's sentencing guidelines.
Criminal Law and Procedure Aug. 11, 2005