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Pajaro Valley Water Management Agency v. McGrath
Water agency cannot use declaration that relies on inadmissible hearsay to prove amount of charges owed.
Civil Procedure Aug. 9, 2005
Evans v. City of San Jose
Plaintiff failed to exhaust administrative remedies in challenging city's redevelopment plan.
Civil Procedure Aug. 9, 2005
People v. Griffin
Defendant's sentence for California offense should run consecutively to sentence for Arizona offense.
Criminal Law and Procedure Aug. 9, 2005
Deborah M. v. Superior Court (Daryl W.)
Parents in custody proceedings cannot be ordered to undergo drug testing through their hair follicles.
Family Law Aug. 9, 2005
Dept. of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board (Schieffelin & Somerset Co.)
Alcohol wholesaler violated state regulations by sponsoring restaurant chain's sporting events.
Administrative Agencies Aug. 9, 2005
Kangarlou v. Progressive Title Co. Inc.
Property buyer is entitled to attorney fees from escrow agent because escrow instructions contained attorney fees clause.
Attorneys Aug. 9, 2005
Anolik v. EMC Mortgage Corp.
Mortgage company wrongfully foreclosed on homeowner.
Real Property Aug. 9, 2005
Morris v. Redwood Empire Bancorp
Imposition of fee for terminating merchant credit card account did not violate unfair competition law.
Business Law Aug. 9, 2005
People v. Jackson
Defendant is guilty of robbery even though victim was unaware any property had been stolen until defendant fled scene.
Criminal Law and Procedure Aug. 9, 2005
Azadozy v. Nikoghosian
Person with unrecorded title to property sold at tax sale is not entitled to excess proceeds of sale.
Real Property Aug. 9, 2005
Julian v. Hartford Underwriters Insurance Co.
Insurer may rely on provision excluding damage caused by rain-induced landslide to deny homeowner's claim.
Insurance Aug. 9, 2005
Zheng v. Ashcroft
Where immigrant's testimony is not directly inconsistent with Country Report, adverse credibility finding is not supported by substantial evidence.
Immigration Aug. 9, 2005
People v. Watson
Prisoner transferred to state hospital is not 'confined in state prison' as defined by battery statute.
Criminal Law and Procedure Aug. 9, 2005
U.S. v. Cortez-Rocha
Search of defendant's spare tire at border was not 'particularly offensive' search requiring reasonable suspicion.
Criminal Law and Procedure Aug. 9, 2005
Landrigan v. Stewart
Order
Aug. 9, 2005
Frey v. Trans Union Corp.
Denial of plaintiff's motion for class certification was based on incorrect legal assumption.
Civil Procedure Aug. 9, 2005
Vogel v. Felice
Public figures suing for defamation failed to show statements on website were substantially false.
Torts Aug. 9, 2005
Skistimas v. Old World Owners Association
Defendants have right to recover expert witness fees despite not paying for fees out of their own pockets.
Civil Procedure Aug. 9, 2005
People v. Carmony
Sex offender's failure to update registration for his birthday did not warrant 25-year sentence.
Criminal Law and Procedure Aug. 9, 2005
Jasmine G., a Minor
Failure to attempt to give parent statutorily required notice of dependency hearing is structural defect requiring automatic reversal.
Juveniles Aug. 9, 2005
Casey v. U.S. Bank National Assoc.
Bank cannot be liable for aiding depositor's breach of fiduciary duty absent actual knowledge of fraud.
Bankruptcy Aug. 9, 2005
In re Annis
Trial judge had authority to revoke order of arraigning magistrate granting defendant release on own recognizance.
Criminal Law and Procedure Aug. 9, 2005
Melendrez v. D & I Investment Inc.
Experienced foreclosure buyer is bona fide purchaser despite buying property below fair market value.
Real Property Aug. 9, 2005
County of Los Angeles v. Superior Court (N.L.)
Juvenile's lawsuit against county for sexual assault was time-barred.
Criminal Law and Procedure Aug. 9, 2005
Radian Guaranty Inc. v. Garamendi
Insurer that is authorized to transact mortgage guaranty insurance may not sell title insurance.
Insurance Aug. 9, 2005
Browne v. Turner Construction Co.
Construction company's removal of safety equipment from work site affirmatively contributed to plaintiff's injuries.
Torts Aug. 9, 2005
Third Blind Eye Inc. v. Near North Entertainment Insurance Services LLC
Insured who prevailed on issue of coverage may pursue negligence claims against business manager and insurance broker.
Insurance Aug. 9, 2005
McMahan v. City and County of San Francisco
'Care Not Cash' ordinance may be given effect after severance of unenforceable funding provision.
Government Aug. 9, 2005
Green v. Workers' Compensation Appeals Board of the State of California
Changes in Labor Code apply retroactively to plaintiff's workers' compensation case.
Workers' Compensation Aug. 9, 2005
21st Century Insurance Co. v. Superior Court (Schwartz)
Punitive damages are not sufficiently penal in intent or effect to trigger protection of ex post facto clause.
Constitutional Law Aug. 9, 2005