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People v. Winslow
Trial court finding that young disabled victim of sexual molestation was unavailable because of post-traumatic stress disorder was correct.
Criminal Law and Procedure Jan. 10, 2005
People v. Arbacauskas
Complaint charging defendant with cultivating marijuana for sale was properly dismissed.
Criminal Law and Procedure Jan. 10, 2005
Leonte v. ACS State and Local Solutions Inc.
Private company that operated automated traffic enforcement system did not violate unfair competition law.
Antitrust Jan. 10, 2005
U.S. v. Fernandez
Drug and racketeering convictions of defendants involved in Mexican mafia are affirmed.
Criminal Law and Procedure Jan. 10, 2005
DBJJJ Inc. v. National City Bank
When bank fails to timely examine documents, it is precluded from arguing documentary presentation is inadequate.
Banking Jan. 10, 2005
Reidy v. City and County of San Francisco
Landlord may remove property from rental market without complying with local law requiring replacement units.
Real Property Jan. 10, 2005
Tri-County Special Education Local Plan Area v. County of Tuolumne
Agency failed to exhaust administrative remedies before suing county for terminating special education services.
Government Jan. 10, 2005
Paterno v. Superior Court (State of California)
Hearing conducted by trial judge after remand that does not require reexamination of law or fact is not new trial.
Civil Procedure Jan. 10, 2005
Laico v. Chevron U.S.A. Inc.
Nonsuit is appropriate in premises liability claim where no evidence shows that property owner knew of benzene hazard created by tenant's activities.
Torts Jan. 10, 2005
People v. Meeks
Defendant who stopped complying with requirement to register as felon is guilty of multiple offenses.
Criminal Law and Procedure Jan. 10, 2005
Williams v. Freedomcard Inc.
Corporate officer that failed to post bond in appealing administrative order is personally liable for employee's unpaid wages.
Civil Procedure Jan. 10, 2005
City of Brentwood v. Central Valley Regional Water Quality Control Board
City had obligation to present evidence that its wastewater violations were due to unforeseen natural phenomena.
Environmental Law Jan. 10, 2005
Penny v. Wilson
Trustee's allocation of property to trust without consideration of appreciation in value was improper.
Probate and Trusts Jan. 10, 2005
Gifford Pinchot Task Force v. United States Fish & Wildlife Service
Order
Jan. 10, 2005
United States v. Mirama Enterprises Inc.
Appliance manufacturer that failed to report safety risk can be penalized for each unit that was distributed.
Business Law Jan. 10, 2005
Gaston v. Palmer
Court incorrectly applied tolling provisions in finding prisoner's second habeas application untimely.
Criminal Law and Procedure Jan. 10, 2005
Klamath-Siskiyou Wildlands Center v. Bureau of Land Management
Analyses do not comply with National Environmental Policy Act because they do not sufficiently consider cumulative impacts posed by timber sales.
Environmental Law Jan. 10, 2005
Larian v. Larian
Trial court was required to compel arbitration in absence of evidence of fraud in execution of arbitration agreements.
Civil Procedure Jan. 10, 2005
People v. Ausbie
Assault by means of force likely to produce great bodily injury is not necessarily lesser included offense of mayhem.
Criminal Law and Procedure Jan. 10, 2005
D'Orsay Int'l Partners v. Superior Court (Stone)
Contractor could not assert mechanic's lien when construction did not commence on property.
Real Property Jan. 10, 2005
George F. Hillenbrand Inc. v. Insurance Co. of North America
Policyholder that won malicious prosecution lawsuit against insurer is not entitled to prejudgment interest.
Civil Procedure Jan. 10, 2005
People v. Dynegy Inc.
Removal of state law claim was proper when claim arose under regulations pursuant to Federal Power Act.
Government Jan. 10, 2005
People v. Nicholson
Parolee who fled arrest for parole violation is liable under escape statute.
Criminal Law and Procedure Jan. 10, 2005
David B. v. Superior Court (Orange County Social Services Agency)
Court incorrectly determined that child could not be safely released into father's custody.
Family Law Jan. 10, 2005
Hansbrough v. Birdsell (In re Hercules Enterprises inc.)
Contempt sanction cannot be deemed nondischargeable in future personal bankruptcy case.
Bankruptcy Jan. 10, 2005
Fidelity Federal Bank v. Durga Ma Corp.
District court acted within its discretion when it corrected post-judgment interest rate to federal rate.
Civil Procedure Jan. 10, 2005
Handyman Connection of Sacramento Inc. v. Sands
Contractor that used abbreviated name in contract is not subject to discipline if customer is not misled.
Administrative Agencies Jan. 10, 2005
Krumme v. Mercury Insurance Co.
Insurer's 'broker-agents' do not enjoy safe harbor from liability under Unfair Competition Law.
Insurance Jan. 10, 2005
Gray v. Superior Court (Medical Board of California)
Suspension of physician's license as condition of bail violated due process.
Criminal Law and Procedure Jan. 10, 2005
Int'l Assoc. of Machinists and Aerospace Workers v. BF Goodrich Aerospace Aerostructures Group
Collective bargaining agreement requiring employer to pay salary and benefits to full-time union representative is valid.
Employment Law Jan. 10, 2005