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Rincon Del Diablo Municipal Water District v. San Diego County Water Authority
Transportation-rate component of county water board's new water rate is reasonable and valid.
Government Sep. 28, 2004
Kaur v. Ashcroft
Immigration judge will reconsider asylum petition of Indian citizen alleging torture.
Immigration Sep. 28, 2004
People v. Saucedo
Jury instruction about failure to timely disclose alibi witnesses is harmless where prosecutor focused only on last-minute nature of alibi.
Criminal Law and Procedure Sep. 28, 2004
People v. Robertson
Trial court properly instructed jury on second-degree felony murder based on discharging firearm in grossly negligent manner.
Criminal Law and Procedure Sep. 28, 2004
Tucson Woman's Clinic v. Eden
Physicians that perform abortions may challenge state licensing and regulatory scheme.
Constitutional Law Sep. 28, 2004
Cheema v. Ashcroft
Lack of evidence of terrorist activities warrants reassessment of plaintiffs' petitions for withholding of deportation.
Immigration Sep. 28, 2004
Ndom v. Ashcroft
Asylum applicant proved past persecution despite not being singled out for harm.
Immigration Sep. 28, 2004
Phiffer v. Columbia River Correctional Institute
Court may review interlocutory appeal without finding serious and unsettled question of law.
Civil Procedure Sep. 28, 2004
U.S. v. Booker
Order
Sep. 28, 2004
Mink v. Maccabee
Fee-splitting arrangement between two attorneys is enforceable despite client's belated acceptance of arrangement.
Attorneys Sep. 27, 2004
Wilbanks v. Wolk
Lawsuit against critics of viatical brokerage was not strategic lawsuit against public participation.
Civil Procedure Sep. 27, 2004
In re Estate of Regli
Attempt by estate's beneficiaries to attack administrator's accounting is procedurally barred.
Probate and Trusts Sep. 27, 2004
People v. Rubio
Jury instruction in defendant's perjury case that incorrectly defined 'materiality' was harmless.
Criminal Law and Procedure Sep. 27, 2004
Ackerman v. Edwards
California court lacks jurisdiction over dispute between tribal members and tribe.
Native American Affairs Sep. 27, 2004
Ordlock v. Franchise Tax Board
Taxpayers need not report IRS correction for year for which Franchise Tax Board is time-barred from assessing additional income taxes.
Taxation Sep. 27, 2004
People v. Lewis
Order
Sep. 27, 2004
U.S. v. Crowell
Defendant convicted of crime may not collaterally attack conviction by moving to expunge record.
Civil Procedure Sep. 27, 2004
U.S. v. Hernandez-Hernandez
Court may review stipulated contents of motion to determine whether previous conviction counts as predicate offense.
Criminal Law and Procedure Sep. 27, 2004
Chein v. Shumsky
False testimony by expert medical witness about specialty and number of offices is not basis for perjury conviction because it is not material.
Criminal Law and Procedure Sep. 26, 2004
In re Byron B., a Minor
Juvenile court can forbid delinquent's contact with any person disapproved by parent or probation officer.
Juveniles Sep. 26, 2004
Rios v. Scottsdale Insurance Co.
Plaintiff may not sue insurer for damages when policy did not include coverage for loss due to theft.
Insurance Sep. 26, 2004
Petrou v. South Coast Emergency Group
Expert with substantial experience five years prior to time of alleged malpractice is qualified to testify in action against emergency-room doctor.
Torts Sep. 26, 2004
Franchise Holding II LLC v. Huntington Restaurants Group Inc.
District court had discretion to deny borrower's motion to set aside default judgment.
Civil Procedure Sep. 24, 2004
In re George T.
High school student who wrote 'dark poetry' is not guilty of making criminal threat.
Criminal Law and Procedure Sep. 24, 2004
Kaneko v. Yager
Power of attorney on which defendants sought immunity must be notarized or witnessed by two witnesses.
Civil Procedure Sep. 24, 2004
Elvig v. Calvin Presbyterian Church
Court erred in dismissing minister's Title VII claims under 'ministerial exception' when some viable claims existed.
Employment Law Sep. 24, 2004
Munoz v. City of Union City
Verdict against city is invalid because direct negligence theory advanced by plaintiffs was not grounded on violation of statutory duty by public entity.
Torts Sep. 24, 2004
People v. Hoeninghaus
Police may not justify warrantless search of adult probationer with search condition unless they know of condition at time of search.
Criminal Law and Procedure Sep. 24, 2004
California National Bank v. Havis
Letter with words 'payoff funds' that does not indicate amount owing on loan is not payoff demand statement.
Real Property Sep. 24, 2004
People v. Wallace
Dismissal of prior conviction resulting from plea for insufficient evidence is extrinsic to decision to strike.
Criminal Law and Procedure Sep. 24, 2004