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Name Category Published
People v. Blake
Chemical spray used by appellant to disable victims during robbery considered dangerous weapon.
Criminal Law and Procedure Jul. 25, 2004
Derivi Construction & Architecture Inc. v. Wong
Attorney is not necessarily disqualified from case due to his marriage to attorney whose law firm was previously disqualified.
Attorneys Jul. 25, 2004
People v. Canty
Defendant convicted in same proceeding of both transporting controlled substance and driving while under influence isn't eligible for disposition under Proposition 36.
Criminal Law and Procedure Jul. 25, 2004
International Alliance of Theatrical Stage Employees And Moving Picture Machine Operators of the U.S. and Canada, Local No. 16 v. Laughon
Arbitrator is required to disclose his previous service as neutral arbitrator in non-collective bargaining matter.
Labor Law Jul. 25, 2004
Ileto v. Glock Inc.
Order
Jul. 25, 2004
Bardis v. Oates
Punitive damage award against land developer is modified because it exceeded single digit ratio to amount of compensatory damages awarded to plaintiffs.
Civil Procedure Jul. 25, 2004
Lovejoy v. AT&T Corp.
Telephone company that 'slammed' customer's toll-free number may be liable for fraudulent concealment.
Torts Jul. 25, 2004
Kilroy v. State
Factual findings in prior judicial opinion are not proper subject of judicial notice.
Criminal Law and Procedure Jul. 25, 2004
People v. Casper
Court must impose consecutive sentences for felony counts despite dismissal of strike allegations.
Criminal Law and Procedure Jul. 25, 2004
Gerawan Farming Inc. v. Kawamura
Compelled funding of agricultural advertising implicates free speech clause of state constitution.
Constitutional Law Jul. 25, 2004
People v. Stewart
Multiple-victims provision of one strike law applies so long as offenses against each victim is prosecuted in single case.
Criminal Law and Procedure Jul. 25, 2004
In re Veronique P.
Serious crimes in Section 707(b) serves as reference list to designate type of offense committed and applies to minors younger than 16.
Juveniles Jul. 25, 2004
Marriage of Goddard
Failure of trial court to introduce notice of trial as evidence was harmless error.
Civil Procedure Jul. 25, 2004
People v. Robinson
Order
Jul. 25, 2004
Rico v. Mitsubishi
Order
Jul. 25, 2004
Marriage of Gioia
Notice of abandonment indicating trustee 'may' abandon on specified date unambiguously stated intent to abandon when read with applicable statute and local rule.
Bankruptcy Jul. 25, 2004
Vendanta Society v. California Quartet
Order
Jul. 25, 2004
Fletcher v. Davis
Attorney must obtain client's written consent to secure hourly fees by obtaining charging lien against future recovery because interest is adverse to client.
Attorneys Jul. 25, 2004
People v. Williams
Order
Jul. 25, 2004
McLaughlin v. Walnut Properties Inc.
Rejection of commercial lease by bankruptcy trustee is considered breach as opposed to termination.
Contracts Jul. 25, 2004
People v. Hester
Police who stopped motorist believed to be involved in gang activity lacked probable cause to search vehicle.
Criminal Law and Procedure Jul. 25, 2004
Fredenburg v. City of Fremont
Police pin map that discloses sex offender's general location does not violate right to privacy.
Constitutional Law Jul. 25, 2004
Villa De Las Palmas Homeowners Assoc. v. Terifaj
Use restriction in amended declaration recorded subsequently to homeowner's purchase of condo is binding.
Real Property Jul. 25, 2004
Arroyo v. Superior Court (People)
Court may not continue felony defendant's trial beyond statutory period to maintain joinder with co-defendant absent fact-finding and balancing of interests.
Criminal Law and Procedure Jul. 25, 2004
Banning v. Newdow
Statute requiring father to pay attorney fees to mother of his child is not unconstitutional on its face.
Constitutional Law Jul. 25, 2004
Carver v. Chevron U.S.A. Inc.
Defendant that prevailed on issues that 'inextricably overlapped' Cartwright Act cannot recover attorney fees.
Civil Procedure Jul. 25, 2004
Bramalea California Inc. v. Reliable Interiors Inc.
Defendant is not entitled to recovery of attorney fees when it did not pay the fees out of its own pocket.
Civil Procedure Jul. 25, 2004
Mira Mar Mobile Community v. City of Oceanside (CH Oceanside)
Mobile home park's environmental challenge to nearby condominium development lacks merit.
Environmental Law Jul. 25, 2004
Henry V., a Minor
Absent clear and convincing evidence that out-of-home placement is necessary, child must remain in parental custody pending dependency proceeding.
Family Law Jul. 25, 2004
Marriage of Leonard
Court had good cause to deny father's request to have support reduction apply retroactively.
Family Law Jul. 25, 2004