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Dawson v. Washington Mutual Bank (In re Dawson)
Debtor may recover damages for emotional distress without needing to show violation of bankruptcy stay was egregious.
Bankruptcy Jun. 17, 2005
Lonicki v. Sutter Health Central
Statutory definition of serious health condition that makes employee unable to perform functions of her position is not employer-specific.
Employment Law Jun. 17, 2005
Morgan v. San Joaquin Community Hospital
Notice of appeal stated within points and authorities of defective motion for reconsideration is valid.
Civil Procedure Jun. 17, 2005
People v. Navarro
Imposition by court of consecutive sentences does not violate right to jury trial when based on facts found by jury.
Criminal Law and Procedure Jun. 17, 2005
Bakersfield Citizens for Local Control v. City of Bakersfield
City must assess both individual and cumulative environmental impact of two shopping centers located 3.6 miles apart.
Environmental Law Jun. 17, 2005
Crippen v. Central Valley RV Outlet Inc.
Plaintiff failed to prove arbitration agreement is procedurally unconscionable.
Civil Procedure Jun. 17, 2005
People v. Monterroso
Admission of dying declaration of convenience store clerk does not violate Confrontation Clause.
Criminal Law and Procedure Jun. 17, 2005
People v. Braxton
Trial court must conduct hearing on defendant's motion for new trial on ground of jury misconduct.
Criminal Law and Procedure Jun. 17, 2005
People v. Overby
Consent to Batson-Wheeler remedy of reseating juror is implied from request that juror remain in courtroom and submission to remedy without argument.
Criminal Law and Procedure Jun. 17, 2005
Briley v. Appellate Division of the Superior Court of Los Angeles (Hermosa Beach Police Dept.)
Defendants are entitled to discovery resulting from an internal affairs investigation of the circumstances of their arrests.
Criminal Law and Procedure Jun. 17, 2005
People v. Neely
All felony violations of Penal Code Section 136.1, intimidation of victims or witnesses, are serious felonies for purposes of increased penalties.
Criminal Law and Procedure Jun. 17, 2005
Biles v. Exxon Mobil Corp.
Failure to identify witness in interrogatory answer and to supplement answer before submitting witness' declaration are not grounds for excluding declaration.
Civil Procedure Jun. 17, 2005
Horwitz v. City of Los Angeles
City must revoke permit that allowed construction of house 14 feet closer to street than permitted by municipal code.
Real Property Jun. 17, 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 Jun. 17, 2005
Gallivan v. AT&T Corp.
Filed rate doctrine bars suit challenging telephone charge included in tariff voluntarily filed with Federal Communications Commission.
Government Jun. 17, 2005
People v. Adams
Trial court was not required to define 'maliciously' when defendant faced charge of battery on police dog.
Criminal Law and Procedure Jun. 17, 2005
People v. Gutierrez
Defendant who moved to suppress evidence before magistrate does not have to make motion before superior court after complaint is reinstated.
Criminal Law and Procedure Jun. 17, 2005
People v. Combs
Defendant's murder conviction and death sentence are affirmed.
Criminal Law and Procedure Jun. 17, 2005
Jones v. Humanscale Corp.
New Jersey arbitration award enforcing non-compete agreement did not violate California's public policy.
Contracts Jun. 17, 2005
Movitz v. Baker (In re Triple Star Welding Inc.)
Attorney may not be entitled to fees when he failed to disclose several aspects of his pre-petition relationship to debtor.
Bankruptcy Jun. 15, 2005
Salomon North America v. Knupfer (In re Wind 'n Wave)
Attorney representing creditor in prosecution of involuntary petition is entitled to fees though creditor incurred no other actual expenses.
Bankruptcy Jun. 15, 2005
Simantob v. Claims Prosecutor LLC (In re Lahijani)
Sale of estate assets over objection of creditors must be 'fair and equitable.'
Bankruptcy Jun. 15, 2005
Merck KGAA v. Integra Lifesciences I LTD
Drug maker did not infringe patents by supplying drugs for pre-clinical research.
Intellectual Property Jun. 15, 2005
Johnson v. California
California's 'more likely than not' standard is inappropriate to determine discrimination in jury selection.
Criminal Law and Procedure Jun. 15, 2005
Bradshaw v. Stumpf
Prosecutor's use of inconsistent theories regarding defendant and his accomplice may have affected defendant's death sentence.
Criminal Law and Procedure Jun. 15, 2005
Grable & Sons Metal Products Inc. v. Darue Engineering & Manufacturing
National interest in providing federal forum for federal tax litigation is sufficiently substantial to support exercise of federal-question jurisdiction.
Taxation Jun. 15, 2005
Wilkinson v. Austin
New state prison policy adding safeguards for prisoners meets due process requirements.
Constitutional Law Jun. 15, 2005
Miller-El v. Dretke
Prosecutor's dismissal of potential jurors because they were African-American requires new trial.
Criminal Law and Procedure Jun. 15, 2005
People v. Nawi
Order
Jun. 14, 2005
People v. Shaw
Order
Jun. 14, 2005