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Campbell v. Rice
Order
Feb. 14, 2005
Holley v. Crank
Owner of corporation may be personally liable for civil rights violations committed by employee.
Corporations Feb. 14, 2005
Khotesouvan v. Morones
Alien whose removal is not reasonably foreseeable cannot seek release until 90 days after detention.
Immigration Feb. 14, 2005
Chavez-Perez v. Ashcroft
Alien who has yet to qualify for relief under Oregon's rehabilitative statute is removable because of drug conviction.
Immigration Feb. 14, 2005
Kahawaiolaa v. Norton
Department of Interior's exclusion of native Hawaiians from regulations acknowledging Indian tribes is valid.
Constitutional Law Feb. 14, 2005
U.S. v. Mayfield
Allegation of prior felony that was filed during first trial need not be filed during retrial.
Criminal Law and Procedure Feb. 14, 2005
McGary v. City of Portland
AIDS patient who was denied extra time to clean yard to comply with nuisance laws may sue for disability discrimination.
Civil Rights Feb. 14, 2005
Fidelity Federal Band FSB v. Durga Ma Corp.
Party that helped select arbitrators cannot challenge subsequent award for impartiality.
Civil Procedure Feb. 14, 2005
Building Industry Association of San Diego County v. State Water Resources Control Board
Water Resources Control Board has authority under federal law to include permit provisions requiring compliance with state water quality standards.
Environmental Law Feb. 13, 2005
Lacy Street Hospitality Service Inc. v. City of Los Angeles
City council cannot reverse decision of its zoning administrator without paying attention at public hearing.
Government Feb. 13, 2005
City of Carson v. City of La Mirada
Computer supplies seller's facility is 'big box retailer' although it does not sell to general public.
Government Feb. 13, 2005
People v. Amwest Surety Insurance Co.
Trial court that failed to declare bail bond forfeited in open court lost jurisdiction over bond.
Criminal Law and Procedure Feb. 13, 2005
Andrews v. Mobile Aire Estates
Mobile home owner can sue park for failing to take action against troublesome neighbor.
Contracts Feb. 13, 2005
People v. Guido
Specialized definition of force is not necessary to crime of forcible oral copulation.
Criminal Law and Procedure Feb. 13, 2005
Hardistry v. Hinton & Alfert
Stipulated motion to vacate judgment as part of settlement that contains neither joint declaration of counsel nor copy of judgment must be denied.
Civil Procedure Feb. 13, 2005
People v. Bautista
Trial court erroneously bootstrapped current felony with gang enhancement for purposes of imposing second sentence enhancement.
Criminal Law and Procedure Feb. 13, 2005
People v. Sorenson
Sentencing court need not advise defendant of every possible statute under which he could be fined.
Criminal Law and Procedure Feb. 13, 2005
People v. Christian
Defendant's guilty plea is invalid because he was not informed of his rights to confront witnesses and against self-incrimination
Criminal Law and Procedure Feb. 13, 2005
People v. Dominguez
Prejudicial error occurred in defendant's trial for murder when court failed to instruct jury on issue of complicity.
Criminal Law and Procedure Feb. 13, 2005
Holder v. Holder
Children's habitual residence was not established by short-term stay on military base in Germany.
Family Law Feb. 11, 2005
People v. Minsky
Threatened imprisonment of victims' loved ones constitutes duress for purposes of various sex crime statutes.
Criminal Law and Procedure Feb. 11, 2005
USA v. $4,224,958.57
Defrauded parties have standing to assert that money recovered by United States from fraudster is held in constructive trust.
Contracts Feb. 11, 2005
U.S. v. Souza
Hawaii's Unauthorized Entry into Motor Vehicle statute can be assimilated into federal law for acts in Hawaii Volcanoes National Park.
Criminal Law and Procedure Feb. 11, 2005
U.S. v. Wilson
Defendant was not entitled to complete immunity for helping dismantle international drug conspiracy.
Criminal Law and Procedure Feb. 11, 2005
Pacific Shores Development LLC v. At Home Corp. (In re At Home Corp.)
Bankruptcy court has discretion to grant motion to reject nonresidential lease retroactively.
Bankruptcy Feb. 11, 2005
Jespersen v. Harrah's Operating Co.
Employer's appearance standards requiring women to wear makeup does not constitute sex discrimination under Title VII.
Employment Law Feb. 11, 2005
Opinion of Lockyer
Benefits plan approved by voters prior to July 1978 is not subject to one percent property tax limitation of state constitution.
Taxation Feb. 10, 2005
In re van Sickle
Attorney who agrees to represent client does not have to participate in fee arbitration with previous attorney.
Attorneys Feb. 10, 2005
U.S. v. Ameline
Defendant will be resentenced following changes to federal sentencing guidelines.
Criminal Law and Procedure Feb. 10, 2005
Jenkins v. County of Riverside
Temporary county employee who passed civil service exam and was successfully reviewed qualifies for regular employment.
Employment Law Feb. 10, 2005