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Haugen v. Brosseau
Order
Aug. 9, 2005
U.S. v. Charley
Detention of woman who called for police assistance is investigative detention, not arrest.
Criminal Law and Procedure Aug. 9, 2005
Ehrenberg v. California State University, Fullerton Foundation (In re Beachport Entertainment)
Bankruptcy Appellate Panel's dismissal of trustee's appeal was inappropriately harsh sanction.
Bankruptcy Aug. 9, 2005
James O'Toole Co. Inc. v. Los Angeles Kingsbury Court Owners Association
Homeowners association may be ordered to impose emergency assessment to pay civil judgment.
Real Property Aug. 9, 2005
In re DeLuna
Prosecutor is not estopped by plea agreement to second-degree murder conviction from opposing parole based on gravity of offense.
Criminal Law and Procedure Aug. 9, 2005
Carmel Development Co. v. RLI Insurance Co.
Excess insurer was not obligated to contribute to settlement equally with other excess insurer.
Insurance Aug. 9, 2005
Thomas v. Quintero
Anti-SLAPP motions may be filed challenging petitions for injunctive relief that seek to prohibit harassment.
Civil Procedure Aug. 9, 2005
Butler v. Adams
Visually impaired inmate satisfied grievance procedure to proceed with lawsuit for disability discrimination.
Prisoners Rights Aug. 9, 2005
Dorn v. Burlington Northern Santa Fe Railroad
Numerous incorrect evidentiary rulings require new trial in wrongful death case.
Torts Aug. 9, 2005
Galvan v. Alaska Dept. of Corrections
Habeas corpus petition is denied because petitioner failed to exhaust federal constitutional claim in state court.
Criminal Law and Procedure Aug. 9, 2005
Lockyer v. Mirant Corp.
District court has jurisdiction to decide whether suit is subject to automatic stay of bankruptcy court.
Civil Procedure Aug. 9, 2005
U.S. v. Martinez-Garcia
Spanish speaker's privacy right was not violated when police began search before serving warrant in Spanish.
Criminal Law and Procedure Aug. 9, 2005
Gator.com Corp. v. L.L. Bean Inc.
Declaratory judgment lawsuit to determine legality of pop-up advertising program is moot due to settlement.
Civil Procedure Aug. 9, 2005
Hambleton Brothers Lumber Co. v. Balkin Enterprises Inc.
Timber company alleging unlawful conduct by corporate president failed to justify piercing of corporate veil.
Corporations Aug. 9, 2005
Cooper-Smith v. Palmateer
Court will not review propriety of sentence because requirement that enhancements be found by jury does not apply retroactively.
Criminal Law and Procedure Aug. 9, 2005
In re DeLuna
Prosecutor is not estopped by plea agreement to second-degree murder conviction from opposing parole based on gravity of offense.
Criminal Law and Procedure Aug. 9, 2005
Dierkes v. U.S. Department of Labor
Order
Aug. 9, 2005
U.S. v. Moreno-Hernandez
Oregon conviction for fourth-degree assault committed in presence of victim's child is violent felony under U.S. Sentencing Guidelines.
Criminal Law and Procedure Aug. 9, 2005
U.S. v. Osife
Police can search vehicle following arrest of recent occupant even if evidence is unlikely to be found.
Criminal Law and Procedure Aug. 9, 2005
Andrews v. V.R. King
Defendant bears burden of producing sufficient evidence that plaintiff is barred from proceeding in forma pauperis.
Prisoners Rights Aug. 9, 2005
U.S. v. Jeronimo
There is no jurisdiction to entertain appeal where appeal waiver in plea agreement is unambiguous.
Criminal Law and Procedure Aug. 9, 2005
U.S. v. Younger
Defendant's conduct in making spontaneous statements and responding to questioning constituted implied waiver of his Miranda rights.
Criminal Law and Procedure Aug. 9, 2005
Hendricks v. Bank of America
District court did not abuse its discretion by finding Central District of California was appropriate venue for action under state's commercial code.
Civil Procedure Aug. 9, 2005
People v. Akins
Trial court may reduce amount of restitution if it concludes that calculation method used by victim overstated loss.
Criminal Law and Procedure Aug. 9, 2005
Scalf v. D.B. Log Homes Inc.
Trial court should have considered evidence in opposition to motion for summary judgment.
Civil Procedure Aug. 9, 2005
C.G., a Minor
Appointment of guardian ad litem for mother in dependency proceedings violated mother's due process rights.
Juveniles Aug. 9, 2005
McAndrew v. Hazegh
Award of statutory penalty to contractor in breach of contract case was improper.
Contracts Aug. 9, 2005
Ampex Corp. v. Cargle
Anonymous poster on internet message board is entitled to attorney fees from former employer who sued him for defamation.
Civil Procedure Aug. 9, 2005
Bergman v. Drum
Grant of motion for summary judgment is inconsistent with ruling in previous appeal and violates doctrine of law of case.
Civil Procedure Aug. 9, 2005
People v. Minor
Order
Aug. 9, 2005