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Parle v. Runnels
District court will reconsider whether habeas petitioner was deprived of fair trial.
Criminal Law and Procedure Jan. 10, 2005
Stockett v. Association of California Water Agencies Joint Powers Insurance Authority
Tort Claims Act does not prevent employee from asserting novel theories not specified in original claim of wrongful termination.
Government Jan. 10, 2005
People v. Turner
Appellate court properly vacated defendant's life without possibility of parole sentence because there was illegal plea bargain.
Criminal Law and Procedure Jan. 10, 2005
Ragghanti v. Reyes
Court must apply best interest analysis to determine custody of child whose mother wishes to move when no final custody order exists.
Family Law Jan. 10, 2005
Blanchard v. DIRECTV Inc.
Plaintiffs' claim was not brought in public interest and thus not entitled to protection from anti-SLAPP motion to strike.
Civil Procedure Jan. 10, 2005
Hill Brothers Chemical Co. v. Superior Court (Lorentsen)
Private motor carrier is not liable for vehicular negligence of its independent contractor.
Torts Jan. 10, 2005
Featherson v. Farwell
Where question about intent of testator to favor one child over another exists, attorney is not accountable to either child.
Probate and Trusts Jan. 10, 2005
U.S. v. Padilla
Conviction for being felon in possession of firearm is upheld despite order vacating underlying felony conviction.
Criminal Law and Procedure Jan. 10, 2005
Enlow v. Salem-Keizer Yellow Cab co.,
Cab company presents sufficient evidence that discharge of elderly employee was without discriminatory intent.
Employment Law Jan. 10, 2005
U.S. v. Washington
Defendant's written consent to search does not quality as intervening event sufficient to purge taint of officer's prior illegal conduct.
Criminal Law and Procedure Jan. 10, 2005
Boranian v. Clark
Attorney who prepared will for testator had no duty toward client's 'intended beneficiary.'
Probate and Trusts Jan. 10, 2005
Johnson v. State Water Resources Control Board
State water board was not required to review administrative penalty imposed by regional board.
Environmental Law Jan. 10, 2005
People v. Caudillo
Third party's 911 call immediately after shooting was not testimonial.
Criminal Law and Procedure Jan. 10, 2005
U.S. v. Contreras-Salas
Alien's conviction for child abuse does not qualify as crime of violence for purposes of sentence enhancement.
Criminal Law and Procedure Jan. 10, 2005
San Pedro v. Ashcroft
Order
Jan. 10, 2005
People v. Eckley
Trial court's reliance on documents containing factual misstatements necessitates remand for new sentencing hearing.
Criminal Law and Procedure Jan. 10, 2005
Burnett v. Chimney Sweep
Provision of lease limiting landlord's liability that failed to expressly preclude liability for negligence does not preclude tenant's suit for mildew damages.
Real Property Jan. 10, 2005
Page v. Los Angeles County Probation Dept.
Plaintiff's failure to exhaust administrative and judicial remedies precludes suit for damages.
Employment Law Jan. 10, 2005
People v. Miranda
Trial court erred in granting defendant's motion to withdraw guilty plea that was not made within six months of probation.
Criminal Law and Procedure Jan. 10, 2005
Societe Civile Succession Richard Guino v. Redstar Corp.
Plaintiffs that failed to serve summons on defendants cannot enforce foreign money judgment.
Civil Procedure Jan. 10, 2005
Litmon v. Superior Court
Court may consolidate Sexually Violent Predator recommitment petitions when consolidation does not lead to delay of first petition.
Criminal Law and Procedure Jan. 10, 2005
Laparade v. Ivanova
Production companies enjoy rights as 'authors' of 34 Spanish-language motion pictures under Mexican law.
Intellectual Property Jan. 10, 2005
People v. Chan
Sex offender who willfully provided inaccurate address is guilty of failure to register.
Criminal Law and Procedure Jan. 10, 2005
Ding v. Ashcroft
Lack of physical restraints during forced abortion is not legitimate basis for adverse credibility finding of asylum petitioner.
Immigration Jan. 10, 2005
Hamoui v. Ashcroft
Applicant moving to reopen deportation proceeding under Convention Against Torture must only show that torture is more likely than not.
Immigration Jan. 10, 2005
Newton v. Diamond
Composer fails to demonstrate that rap group Beastie Boys' use of his composition was substantial enough for copyright infringement.
Intellectual Property Jan. 10, 2005
U.S. v. Melendrez
Sentence enhancement applies to defendant who 'breeds' fake identification documents from authentic Social Security numbers.
Criminal Law and Procedure Jan. 10, 2005
People v. Jaffe
Possession of cocaine is lesser included offense of armed possession of cocaine.
Criminal Law and Procedure Jan. 10, 2005
Permanent General Assurance Corp. v. Superior Court (Hernandez)
Plaintiff in action against insured is entitled to particular claims files after obtaining insureds' authorizations.
Insurance Jan. 10, 2005
Curtis T. v. County of Los Angeles
Delayed discovery rule may apply to child sexual molestation cases.
Civil Procedure Jan. 10, 2005