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Gaggero v. County of San Diego
Lawsuit alleging county negligently maintained landfill must be filed within 10-year limitations period.
Civil Procedure Feb. 15, 2005
People v. Duran
Felon who used false information on firearm application cannot be charged with attempted possession of firearm by felon.
Criminal Law and Procedure Feb. 15, 2005
Jessica A. v. Superior Court (San Diego County Health and Human Services Agency)
Juvenile court reviewing reunification services must look to date previously set for 12-month review even if six-month review was delayed.
Family Law Feb. 15, 2005
Brand v. 20th Century Insurance Co.
Trial court should have granted motion to disqualify attorney and barred him from testifying against former client.
Attorneys Feb. 15, 2005
People v. Leon
Court may not impose restitution for economic loss caused by codefendant unless defendant aided and abetted in those crimes.
Criminal Law and Procedure Feb. 15, 2005
People v. Hawkins
Prosecution established corpus delicti for opening-or-maintaining offense by evidence independent of defendant's extrajudicial statements.
Criminal Law and Procedure Feb. 15, 2005
Toscano v. Green Music
Lost wages may be awarded under promissory estoppel theory when amount is supported by substantial evidence and not speculative.
Contracts Feb. 15, 2005
Gates v. Discovery Communications Inc.
Media defendant cannot be liable for publishing true but not newsworthy facts obtained from public official court records.
Constitutional Law Feb. 15, 2005
Estate of Thomas
Distribution to trust for which beneficiary already paid income tax was properly allocated as income rather than principal.
Probate and Trusts Feb. 15, 2005
City of Vacaville v. Pitamber
Hotel that pays transient occupancy tax must comply with city's request to audit records.
Government Feb. 15, 2005
Wisden v. Superior Court (Sims)
Trial court erred by denying plaintiff's request for jury trial on cause of action for fraudulent conveyance.
Civil Procedure Feb. 15, 2005
Toshiba America Electronic Components Inc. v. Superior Court (Lexar Media Inc.)
Provision governing production of information from computer backup tapes automatically shifts costs to demanding party.
Civil Procedure Feb. 15, 2005
People v. Nicolas
Defendant's murder convictions and death sentence are affirmed.
Criminal Law and Procedure Feb. 15, 2005
People v. Superior Court (Vidal)
Trial court must redetermine whether defendant is mentally retarded within meaning of Penal Code Section 1376.
Criminal Law and Procedure Feb. 15, 2005
Tesco Controls Inc. v. Monterey Mechanical Co.
Prompt payment statutes begin to run only when general contractor has actually received progress payment, not when it should have received one.
Contracts Feb. 15, 2005
Liang v. San Francisco Residential Rent Stabilization and Arbitration Board
Tenant's petition for rent rollback was untimely and should have named landlord as party.
Civil Procedure Feb. 15, 2005
Maintain Our Desert Environment v. Town of Apple Valley (Pluto Development Inc.)
Town was authorized to approve development project without disclosing that Wal-Mart would be eventual user.
Environmental Law Feb. 15, 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 Feb. 15, 2005
Opinion of Lockyer
Department of Education must withhold tobacco tax revenues from school district that refuses to participate in tobacco use prevention program evaluations.
Education Feb. 15, 2005
People v. Ochoa
Order
Feb. 14, 2005
Cortinas on Habeas Corpus
Order
Feb. 14, 2005
People v. Lemus
Order
Feb. 14, 2005
Superbrace Inc. v. Tidwell
California contract law permits patent licensee to transfer license without consent of licensor.
Intellectual Property Feb. 14, 2005
Robin J. v. Superior Court (Lucas J.)
Juvenile court lacked jurisdiction to order visitation for incarcerated parent.
Juveniles Feb. 14, 2005
Lewis v. Mayle
Defendant convicted of murder showed attorney's potential conflict developed into actual conflict of interest.
Attorneys Feb. 14, 2005
Gonzalez-Gonzalez v. Ashcroft
Inadmissible alien convicted of crime of domestic violence is ineligible for cancellation of removal.
Immigration Feb. 14, 2005
High Sierra Hikers v. Blackwell
Forest Service did not comply with National Environment Policy Act when it issued multi-year special-use permits.
Environmental Law Feb. 14, 2005
Grace v. Ebay
Order
Feb. 14, 2005
Lombardo v. Warner
Order
Feb. 14, 2005
U.S. v. Smith
Defendant's prior conviction qualified as 'violent felony' under Armed Career Criminal Act.
Criminal Law and Procedure Feb. 14, 2005