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People v. Ayers
Domestic violence forms filled out by victim were admissible in defendant's spousal battery trial.
Criminal Law and Procedure Aug. 9, 2005
Estrada v. RPS Inc.
Because dismissal orders are part of class certification process, named plaintiffs have standing to appeal but orders are not appealable.
Civil Procedure Aug. 9, 2005
U.S. v. Alvarez-Gutierrez
State misdemeanor conviction for sexual abuse of minor may be defined as aggravated felony for federal sentencing purposes.
Criminal Law and Procedure Aug. 9, 2005
U.S. v. Mayo
Warrantless search of hatchback cargo area of vehicle incident to arrest of recent occupant was proper.
Criminal Law and Procedure Aug. 9, 2005
Al-Safin v. Circuit City Stores Inc.
Arbitration agreement between employer and employee is substantively unconscionable.
Civil Procedure Aug. 9, 2005
Reclamation District No. 684 v. State Dept. of Industrial Relations (Foundation for Fair Contracting)
Project for levee maintenance is public work subject to prevailing wage laws.
Government Aug. 9, 2005
C3 Entertainment Inc. v. Arthur J. Gallagher & Co.
Trial court's grant of summary judgment for defendant based on interim ruling against other defendant was premature.
Civil Procedure Aug. 9, 2005
Marriage of Riddle
Representative sample must be used in calculating a salesman's income for child and spousal support.
Family Law Aug. 9, 2005
Azarte v. Ashcroft
When motion to reopen is filed within voluntary departure period, such period is tolled while Board of Immigration Appeals considers motion.
Immigration Aug. 9, 2005
Marriage of Nicole F. Brown and Anthony Yana
Parent without legal or physical custody is entitled to evidentiary hearing in 'move-away' case.
Family Law Aug. 9, 2005
People v. Arellano
Defendant's death threats did not negate surprise element of lying-in-wait special circumstance.
Criminal Law and Procedure Aug. 9, 2005
Royalty Carpet Mills v. City of Irvine (Essex Property Trust)
Petitioner's challenge to conditional use permit was absolutely time-barred.
Civil Procedure Aug. 9, 2005
Dees v. Billy
District court order that stays proceedings and compels arbitration is not appealable even if accompanied by administrative closing.
Civil Procedure Aug. 9, 2005
Hodgson v. Banner Life Insurance Company
Applicant for life insurance who died before receiving policy is covered because insurer received payment and ultimately approved application.
Insurance Aug. 9, 2005
Davis v. Commissioner of Internal Revenue
Surviving spouse with limited interest in deceased's trust cannot claim marital deduction on estate tax.
Taxation Aug. 9, 2005
Raich v. Ashcroft
Appellants demonstrate sufficient likelihood of success on merits in medical marijuana case.
Constitutional Law Aug. 8, 2005
Unuakhaulu v. Ashcroft
District court has jurisdiction to review immigration board's nondiscretionary denial of relief under Convention Against Torture.
Immigration Aug. 8, 2005
United States v. State of Washington
District court abused its discretion in ruling federal recognition of tribe had no impact on its exercise of treaty fishing rights.
Native American Affairs Aug. 8, 2005
Center for Biological Diversity v. Veneman
U.S. Forest Service had mandatory duty under Wild and Scenic Rivers Act to consider rivers identified in its report in planning process.
Environmental Law Aug. 8, 2005
People v. Harrison
Court was not required to hold competency hearing for defendant who made 'bizarre statements.'
Criminal Law and Procedure Aug. 8, 2005
People v. Spence
Defendant may be convicted of driving with invalid driver's license without showing of actual knowledge that license was suspended.
Criminal Law and Procedure Aug. 8, 2005
Goldberg v. Warner/Chappell Music Inc.
Attorney's presumed possession of confidential information does not automatically cause former firm to be vicariously disqualified.
Attorneys Aug. 8, 2005
State of California v. City of Long Beach
City of Long Beach may use tideland oil revenues to defray future cost of plugging and abandoning oil wells.
Real Property Aug. 8, 2005
In re Hector A.
Minor can oppose adoption plan for sibling on ground of interference with sibling relationship.
Family Law Aug. 8, 2005
Burris v. Superior Court (People)
Misdemeanor prosecution is barred after one previous qualifying dismissal but felony prosecution is barred after two qualifying dismissals.
Criminal Law and Procedure Aug. 8, 2005
In re Harmony B.
Termination of parental rights is upheld despite denial of reunification services.
Family Law Aug. 8, 2005
Lisa G., a Minor
Teacher's search of disruptive student's purse to find identification was not justified.
Juveniles Aug. 8, 2005
People v. Amons
New sentencing rules do not apply retroactively.
Criminal Law and Procedure Aug. 8, 2005
Ford Motor Co. v. Todecheene
Tribal court cannot exercise jurisdiction over products liability action arising from accident that occurred on tribal trust land.
Native American Affairs Aug. 8, 2005
People v. Hinkel
Mere completion of treatment program under Proposition 36 does not establish reasonable cause to believe that defendant will not abuse drugs.
Criminal Law and Procedure Aug. 8, 2005