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Eyak Native Village v. Daley
Order
Jul. 21, 2004
People v. American Contractors Indemnity Co.
Surety's collateral attack on summary judgment on bail bond is barred by doctrines of estoppel and disfavor of collateral attack.
Civil Procedure Jul. 21, 2004
Pellandini v. Valadao
Plaintiff's right of first refusal is not triggered by co-tenant's transfer of her interest in property to other co-tenant.
Real Property Jul. 21, 2004
Harper v. Ultimo
Court did not err in denying petition for arbitration where separation of arbitral and non-arbitral issues would result in inconsistent adjudications.
Contracts Jul. 21, 2004
Alhambra Police Officers Assn. v. City of Alhambra Police Dept.
Officer accused of misconduct may not overturn negotiated settlement of discipline by filing petition for writ of mandate.
Criminal Law and Procedure Jul. 21, 2004
Thompson v. Impaxx Inc.
Employee who was fired after refusing to sign nonsolicitation clause may sue for wrongful termination.
Contracts Jul. 21, 2004
Marriage of W.
Court order permitting child's visitation with stepfather despite opposition of biological parents is unconstitutional.
Family Law Jul. 21, 2004
People v. Superior Court (Kirby)
Defendant convicted of conspiracies to pimp and pander is eligible for probation.
Criminal Law and Procedure Jul. 21, 2004
People v. Silva
Defendant is not entitled to presentence conduct credits for time spent in home detention under electronic monitoring.
Criminal Law and Procedure Jul. 21, 2004
Black Diamond Asphalt Inc. v. Superior Court (Adames)
Law does not preclude self-insured plaintiff from seeking indemnification from insured of insolvent insurer.
Insurance Jul. 21, 2004
People v. Lewis
Prosecutor did not commit misconduct by commenting that defendant had failed to request live police lineup.
Criminal Law and Procedure Jul. 21, 2004
Protect the Historic Amador Waterways v. Amador Water Agency
Jul. 21, 2004
People v. Danks
Jul. 21, 2004
Mariscal-Sandoval v. Ashcroft
Permanent resident who attempted to smuggle undocumented aliens was not entitled to deportation proceeding.
Immigration Jul. 21, 2004
Lentini v. California Center for the Arts
Judgment in favor of quadriplegic with service dog who was refused admittance to theater is upheld.
Civil Rights Jul. 21, 2004
Jordan v. Northrop Grumman Corporation Welfare Benefit Plan
ERISA administrator did not err in rejecting defendant's disability claim when evidence was unconvincing.
Employment Law Jul. 21, 2004
Elian v. Ashcroft
Order
Jul. 21, 2004
United States v. Universal Fruits and Vegetables Corp.
Amended opinion
Jul. 21, 2004
U.S. v. Alisal Water Corp.
Allegedly impaired ability to collect judgment arising from past claim does not solely support right of intervention.
Civil Procedure Jul. 21, 2004
Ballaris v. Wacker Siltronic Corp.
Time spent by employees changing plant uniforms is 'work time' under Fair Labor Standards Act.
Employment Law Jul. 21, 2004
Sun v. Ashcroft
Alien must exhaust administrative remedies before filing habeas petition challenging removal order.
Immigration Jul. 21, 2004
U.S. v. Krouse
Sufficient evidence supports Section 924(c) conviction because facts reveal sufficient nexus between firearms discovered and drug trafficking operation.
Criminal Law and Procedure Jul. 21, 2004
Butler v. San Diego District Attorney's Office
Court incorrectly assumed factual allegations in complaint to be true when defendant moved for summary judgment.
Civil Procedure Jul. 21, 2004
Maldonado v. Harris
Plaintiff who owns billboard along highway may challenge California's Outdoor Advertising Act.
Civil Rights Jul. 21, 2004
Irwin v. Mascott
Debt collector is liable for violating injunction against sending misleading collection letters.
Civil Procedure Jul. 21, 2004
Laing v. Ashcroft
Court erred in finding plaintiff had exhausted his judicial remedies in deportation case.
Immigration Jul. 21, 2004
In re Lorillard Tobacco Co.
Trial court's denial of tobacco company's request to seize counterfeit cigarettes is not appealable interlocutory order.
Civil Procedure Jul. 21, 2004
Walker v. Gomez
Defendants are entitled to qualified immunity because unconstitutionality of race-based lockdown procedures has not been clearly established.
Constitutional Law Jul. 21, 2004
White v. Lambert
Jurisdiction to hear defendant's habeas petition is determined by fact that he was in custody pursuant to state court judgment.
Civil Procedure Jul. 21, 2004
City and County of San Francisco v. Cobra Solutions
Jul. 21, 2004