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Name Category Published
Jiagbogu v. Mercedex-Benz USA
Plaintiff's continued use of vehicle after he requested manufacturer buyback vehicle isn't waiver of recission under Song-Beverly Consumer Warranty Act. 		Contracts Jul. 28, 2004
Hindin v. Rust
In malicious prosecution action, summary adjudication is not permitted when some, but not all claims are supported by probable cause. 		Civil Procedure Jul. 28, 2004
Metcalf v. U-Haul International Inc.
New anti-SLAPP statute does not affect constitutionally protected speech, it merely creates classification of litigants. 		Constitutional Law Jul. 28, 2004
Knowles v. Superior Court (Labo)
Statute of limitations period in wrongful death case was triggered when medical negligence was first suspected. 		Civil Procedure Jul. 28, 2004
Action Apartment Assn. Inc. v. City of Santa Monica
City ordinance that prohibits landlords from harassing tenants in rent-controlled housing is pre-empted by state law. 		Civil Procedure Jul. 28, 2004
People v. Lovings
Defendant's attempts to disqualify trial attorney are barred by voluntary guilty plea. 		Criminal Law and Procedure Jul. 28, 2004
Anastos v. Lee
Plaintiff who serves summons and complaint by publication isn't required to obtain separate court order to serve statement of damages by publication. 		Civil Procedure Jul. 28, 2004
Gebremicael v. California Commission on Teacher Credentialing
Defendant whose 'wobbler' offense was reduced from felony to misdemeanor may seek teaching credential. 		Education Jul. 28, 2004
People v. Sisavath
Sexual abuse victim's 'testimonial' hearsay statements to police officer and facility interviewer were inadmissible. 		Criminal Law and Procedure Jul. 28, 2004
Holiday Matinee Inc. v. Rambus Inc.
Because plaintiff's claims arise under federal patent law, state court lacks subject matter jurisdiction. 		Civil Procedure Jul. 28, 2004
Paneno v. Centres For Academic Programmes Abroad Ltd.
Study abroad program with 'affiliate' in United States should not be permitted to escape responsibility by claiming lack of jurisdiction. 		Civil Procedure Jul. 28, 2004
U.S. v. Epis
Order 		Jul. 27, 2004
Regional Parking Inc. v. Department of Motor Vehicles
Order 		Jul. 27, 2004
Wasif M., a Minor
Minor is guilty of violating statute when he threw stone at bus even if he lacked requisite intent to strike it. 		Criminal Law and Procedure Jul. 27, 2004
People v. McHugh
Otherwise reasonable arrest does not become unreasonable because it led to violation of state statute concerning collection of evidence. 		Criminal Law and Procedure Jul. 27, 2004
People v. Pescador
Jury instruction regarding defendant's acts of domestic violence was properly given in murder trial. 		Criminal Law and Procedure Jul. 27, 2004
Elite Show Services Inc. v. Staffpro Inc.
Inclusion of agreement to pay 'reasonable' attorney fees in pretrial settlement offer does not make offer unenforceable for uncertainty. 		Civil Procedure Jul. 27, 2004
People v. Arjon
Motion to dismiss brought one hour prior to criminal trial without explanation for delay was properly dismissed. 		Civil Procedure Jul. 27, 2004
Ruiz v. Appellate Division of the Superior Court (People)
Defendant's peremptory challenge against trial judge was properly filed under 'master calendar' rule. 		Civil Procedure Jul. 27, 2004
People v. Lopez
Defendant sentenced under habitual sexual offender law may also be sentenced under one strike law. 		Criminal Law and Procedure Jul. 27, 2004
People v. Jenkins
'Knock and talk' procedure does not rise to level of investigative detention requiring suspicion of criminal activity. 		Criminal Law and Procedure Jul. 27, 2004
People v. Celis
Police were justified to search home of suspect believed to store drugs and money in tire. 		Criminal Law and Procedure Jul. 26, 2004
Gray Cary Ware & Freidenrich v. Vigilant Insurance Co.
Dispute between insurer and policyholder regarding defense expenses incurred by independent counsel is not subject to arbitration. 		Insurance Jul. 26, 2004
Pacific Gas & Electric Co. v. Workers' Compensation Appeals Board
Employee's stress resulting from concerns of company's future and value of stock are not compensable causes of psychiatric injury. 		Workers' Compensation Jul. 26, 2004
Gold v. Weissman
In legal malpractice action, attorney's representation of plaintiff was continuous and tolled statute of limitations. 		Attorneys Jul. 26, 2004
Bighorn-Desert View Water Agency v. Beringson (Kelley)
Voter initiative cannot control amount of water rates, fees and charges fixed by public water agency. 		Government Jul. 26, 2004
People v. Fielder
To prevent application of 'washout' rule, prosecution must prove defendant either served prison time or committed new felony within five-year period. 		Criminal Law and Procedure Jul. 26, 2004
Estate of Ford
Foster child of decedent failed to prove equitable adoption by clear and convincing evidence. 		Family Law Jul. 26, 2004
People v. McCall
Statute making possession of particular ingredient equivalent of possession of drug itself was valid exercise of Legislature's power. 		Criminal Law and Procedure Jul. 26, 2004
Peace and Freedom Party v. Shelley
Law that excludes inactive voters from calculation of party affiliates passes constitutional muster. 		Government Jul. 26, 2004
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