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Name Category Published
People v. Ary
Order 		Aug. 24, 2004
Himri v. Ashcroft
Plaintiffs have established they are persecuted minority entitled to withholding of removal. 		Immigration Aug. 24, 2004
Swirsky v. Carey
Court erred in granting summary judgment in favor of Mariah Carey in copyright infringement suit. 		Intellectual Property Aug. 24, 2004
Lopez-Alvarado v. Ashcroft
Alien may offer direct testimony to establish 10-year residency required for cancellation of removal. 		Immigration Aug. 24, 2004
Gil v. Mansano
Party who prevailed in tort claim was not entitled to attorney fees under provision in contract. 		Contracts Aug. 24, 2004
S.B., a Minor
Juvenile court may delegate to legal guardian determination of whether visitation may occur between parent and child. 		Family Law Aug. 24, 2004
Nava v. Mercury Casualty Co.
Term 'registered' is not ambiguous in policy which also provides coverage for driver's negligence in non-owned automobiles. 		Insurance Aug. 24, 2004
Titus v. Canyon Lake Property Owners Assn.
Property owner's association not responsible for death caused by intoxicated driver who lives in community. 		Torts Aug. 24, 2004
People v. Mitchell
Court will recalculate credits for defendant who was erroneously committed to drug rehabilitation center. 		Criminal Law and Procedure Aug. 24, 2004
People v. Annin
Defendant's challenges to sex offender registration requirements fail. 		Criminal Law and Procedure Aug. 24, 2004
Marshall v. Pasadena Unified School District (Hayward Construction Co.)
School district's termination of prior construction contract does not amount to emergency justifying award of new contract without competitive bidding. 		Government Aug. 24, 2004
Nolan v. City of Anaheim
To qualify for disability retirement, former police officer must show he is incapacitated from working for state law enforcement agencies. 		Employment Law Aug. 24, 2004
People v. Majors
Defendant who posed as security guard and implicitly threatened victim with arrest to get her into vehicle is guilty of kidnapping. 		Criminal Law and Procedure Aug. 24, 2004
Cruz v. Superior Court (Ayromloo)
Trial court must hold evidentiary hearing before denying party's request to proceed in forma pauperis. 		Civil Procedure Aug. 24, 2004
County of Los Angeles v. Navarro
Court erred in denying defendant's motion to set aside default judgment when defendant's paternity was incorrectly determined. 		Family Law Aug. 24, 2004
People v. Price
'Trustworthiness' prong of Evidence Code section 1370 requires prior opportunity to cross-examine declarant. 		Criminal Law and Procedure Aug. 24, 2004
Milligan v. Golden Gate Bridge Highway and Transportation District
Bridge district is not liable for suicide of teenager who jumped off Golden Gate Bridge. 		Government Aug. 24, 2004
Baxter Healthcare Corp. v. Denton
Environmental health agency failed to demonstrate that DEHP causes cancer in humans. 		Administrative Agencies Aug. 24, 2004
Howard Jarvis Taxpayers Ass'n. v. City of San Diego
Provisions of Proposition E and F are invalid because they conflict with sections of the California Constitution. 		Government Aug. 24, 2004
Johnson v. Lewis
Plaintiff and attorney who filed frivolous appeal are liable for sanctions. 		Civil Procedure Aug. 24, 2004
Amdahl Corp. v. Franchise Tax Board
Franchise Tax Board improperly assessed plaintiff's tax liability arising from refund of United Kingdom tax. 		Taxation Aug. 24, 2004
K.R.L. Partnership v. Superior Court (Pemberton)
Cross-defendant cannot seek change of established venue based on improper venue claim as determined by reference to compulsory cross-complaint. 		Civil Procedure Aug. 24, 2004
Country Villa Claremont Healthcare Center Inc. v. Superior Court (Rodriguez)
Plaintiff were not required to obtain court order prior to seeking punitive damages for elder abuse. 		Civil Procedure Aug. 24, 2004
People v. Carmony
Court's decision not to strike prior conviction allegation is subject to review under deferential abuse-of-discretion standard. 		Criminal Law and Procedure Aug. 24, 2004
People v. Mosby
Based on totality of circumstances, defendant voluntarily admitted prior conviction despite only being advised of right to jury trial. 		Criminal Law and Procedure Aug. 24, 2004
In re Miguel E., a Minor
Agency's withdrawal of approval, standing alone, does not compel removal of children from grandparents' home. 		Family Law Aug. 24, 2004
People v. Coker
Court properly calculated sentence because defendant was sentenced under three-strikes law and not under other sentencing-enhancement statutes. 		Criminal Law and Procedure Aug. 24, 2004
Islas v. D & G Manufacturing Co. Inc.
Plaintiff was improperly denied jury trial in negligence case where conflicting inferences were drawn from facts. 		Torts Aug. 24, 2004
People v. Lopez
Defendant sentenced under habitual sexual offender law may also be sentenced under one strike law. 		Criminal Law and Procedure Aug. 24, 2004
Smith v. Governing Board of Elk Grove Unified School District
Special education teacher working with emergency credential is not entitled to tenure though she holds social science credential. 		Education Aug. 24, 2004
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