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People v. Lenart
Conviction and death sentence for first-degree murder are affirmed.
Criminal Law and Procedure Jul. 2, 2004
Wiener v. Southcoast Childcare Centers
Neither childcare center or property owner are liable where driver intentionally drove his car through fence onto playground, killing and injuring children.
Torts Jul. 2, 2004
In re De Leon
Jul. 2, 2004
Hernandez v. Superior Court (Neal)
Death of plaintiff's trial attorney constituted good cause to continue trial date and reopen discovery.
Civil Procedure Jul. 2, 2004
Ritchie v. Konrad
Protection order should not be automatically extended if there is opposition to the extension and no reasonable fear of future abuse.
Civil Procedure Jul. 2, 2004
American Contractors Indemnity v. Saladino
Sureties' request to impress lien on funds of estate is premature because estate has not yet been made whole.
Probate and Trusts Jul. 2, 2004
People ex. rel. Lockyer v. Brar
Anti-SLAPP statute specifically exempts actions brought by public prosecutors, including Attorney General.
Antitrust Jul. 2, 2004
Rico v. Mitsubishi Motors Corp.
Attorney was properly disqualified for unethically using opposing party's work product privileged document.
Attorneys Jul. 2, 2004
People v. Chavez
Statute giving narcotics addicts, but not alcohol addicts, rehabilitation in lieu of prison time is upheld as reasonable.
Criminal Law and Procedure Jul. 2, 2004
Rezec v. Sony Pictures Entertainment Inc.
Moviegoers' lawsuit against studio for advertising fabricated reviews is not strategic lawsuit against public participation.
Civil Procedure Jul. 2, 2004
People v. Putnam
Jul. 2, 2004
Oxy Resources California v. Superior Court (Calpine Natural Gas)
Jul. 2, 2004
Bramwell v. U.S. Bureau of Prisons
Prison officials who seized and accidentally destroyed inmate's property are not liable under Tort Claims Act.
Government Jul. 2, 2004
Davis v. EPA
Amended opinion
Jul. 2, 2004
U.S. v. Vieke
U.S. government is barred from raising objections to sentencing for first time upon appeal.
Criminal Law and Procedure Jul. 2, 2004
Resnick v. Adams
Amended opinion
Jul. 2, 2004
Nunes v. Ashcroft
Even if district court treated petitioner's motion to reconsider as request for leave to amend, request would have been denied as futile.
Criminal Law and Procedure Jul. 2, 2004
U.S. v. Sutter
Amended opinion
Jul. 2, 2004
Aguilera-Ruiz v. Ashcroft
Permanent resident who briefly left country while appealing deportation order lost right to pursue appeal.
Immigration Jul. 2, 2004
Doe v. Lebbos
Social worker is entitled to qualified immunity for mistakenly referring child for medical sexual abuse examination without court order or parental consent.
Government Jul. 2, 2004
U.S. v. Perez-Lopez
Translated 'Miranda' warning was fatally flawed because it did not convey to defendant government's obligation to appoint attorney for indigents.
Criminal Law and Procedure Jul. 2, 2004
Medina v. Board of Retirement
Jul. 1, 2004
Estate of Stoddart
Petitioner's claim of entitlement to distribution of trust is rejected and probate court's order is not appealable.
Probate and Trusts Jul. 1, 2004
People v. Holmes
In accepting defendant's plea, trial court must garner information regarding factual basis either from defendant or counsel.
Criminal Law and Procedure Jul. 1, 2004
Martin v. Szeto
Code of Civil Procedure Section 1021.7 authorizes award of attorney fees in actions for libel and slander only in actions involving peace officers.
Civil Procedure Jul. 1, 2004
Regents of the University of California v. City and County of San Francisco
Public entity's action for refund of allegedly excessive water and sewer charges is time-barred.
Civil Procedure Jul. 1, 2004
People v. Johnson
Trial court's amplification to jury about reasonable doubt requires retrial.
Criminal Law and Procedure Jul. 1, 2004
Hydro-Mill Co. Inc. v. Hayward, Tilton & Rolapp Insurance Associates Inc.
Plaintiff's professional negligence suit against insurance broker is barred by statute of limitations.
Civil Procedure Jul. 1, 2004
City of Saratoga v. Hinz
In takings action, improvement project does not have to confer general benefit on community to be considered public necessity.
Constitutional Law Jul. 1, 2004
E.M.M.I. Inc. v. Zurich American Insurance Co.
Vehicle theft exclusion in 'jeweler's block' insurance policy doesn't apprise insured that coverage is lost by merely stepping out of car.
Insurance Jul. 1, 2004