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Florida v. Nixon
Order
Mar. 16, 2004
People v. Murphy
Order
Mar. 16, 2004
Miller v. Superior Court (People)
Defendant who forcibly resisted victim while carrying away property is guilty of robbery.
Criminal Law and Procedure Mar. 16, 2004
People v. Bautista
Use of military personnel to obtain evidence supporting search warrant is not violation of defendants' Fourth Amendment rights.
Criminal Law and Procedure Mar. 16, 2004
JRS Products Inc. v. Matsushita Electric Corp. of America
Breach of contract claim cannot be changed into tort liability by claim that breach interferes with promisee's business.
Contracts Mar. 16, 2004
Blitz v. Fluor Enterprises Inc.
Plaintiff's reliance creates triable issue of fact as to whether defendant should be estopped from relying upon parol evidence rule.
Contracts Mar. 16, 2004
People v. Partida
Though trial court erroneously allowed admission of gang evidence, doing so resulted only in harmless error.
Criminal Law and Procedure Mar. 16, 2004
Kotla v. Regents of the University of California
Admission of testimony of human resources expert in plaintiff's retaliation lawsuit was prejudicial error.
Employment Law Mar. 16, 2004
Kertesz v. Ostrovsky
Limitations period was tolled by respondent's petition for bankruptcy and automatic stay.
Civil Procedure Mar. 16, 2004
People v. Johnson
Appellate remand solely for correction of sentence in progress did not remove defendant from prison custody or restore him to presentence status.
Criminal Law and Procedure Mar. 16, 2004
Korea Water Resources Corp. v. Lee
Because foreign country's judgment is not conclusive, superior court properly discharged attachment against defendant.
Civil Procedure Mar. 16, 2004
The CIT Group/Equipment Financing Inc. v. Super DVD Inc.
Right to Attach order in favor of respondents is proper because computation of damages was ascertainable from contract.
Civil Procedure Mar. 16, 2004
People v. Danks
Defendant with more than one prior second degree murder conviction is subject to a prior murder special circumstance for each conviction.
Criminal Law and Procedure Mar. 16, 2004
SEC v. Rubera
District court properly found that telephone investment program qualified as security that required registration.
Securities Mar. 16, 2004
Welch v. Carey
Prisoner who waited four and a half years to file second state habeas petition is not entitled to tolling of federal deadline.
Criminal Law and Procedure Mar. 16, 2004
Varian Medical Systems Inc. v. Delfino
Mar. 15, 2004
In re Smith
Governor will reconsider suitability of parole for defendant convicted of murdering wife.
Criminal Law and Procedure Mar. 15, 2004
Fisherman's Wharf Bay Cruise Corp. v. Superior Court (Blue and Gold Fleet Inc.)
Unfair Practices Act does not permit pricing of products below-cost even if pricing is reflected across all sales.
Corporations Mar. 15, 2004
People v. Arzate
Jury findings that defendant was guilty of both concealing and using firearm was logically inconsistent and must be stricken.
Criminal Law and Procedure Mar. 15, 2004
Everest Investors 8 v. McNeil Partners
Limited partners are not limited to derivative lawsuit to sue general partner for breach of fiduciary duty.
Corporations Mar. 15, 2004
Duran v. St. Luke's Hospital
Mother alleging medical malpractice that led to death of child is barred from suing because filing fee was $3 short.
Civil Procedure Mar. 15, 2004
People v. Amonson
Requiring developmentally disabled plaintiff to remain in locked treatment facility for specified period was not unreasonable.
Criminal Law and Procedure Mar. 15, 2004
People v. Krah
Court had jurisdiction to commit convicted child molester as sexually violent predator.
Civil Procedure Mar. 15, 2004
Ward General Insurance Services, Inc. v. The Employers Fire Insurance Company
Defendant insurance company is not obligated to cover losses that didn't result from direct physical loss.
Insurance Mar. 15, 2004
In re Marriage of Jensen
Parent of autistic child cannot require court to adjudicate child's personal interests once child turns 18 years of age.
Family Law Mar. 15, 2004
Westly v. U.S. Bancorp
Law that grants amnesty for return of unclaimed property does not apply to returns made before law was enacted.
Government Mar. 15, 2004
Gilbert v. City of San Jose
Before city can disclose personal information collected under gambling control ordinance, person must be notified and given opportunity to object.
Constitutional Law Mar. 15, 2004
Jespersen v. Zubiate-Beauchamp
Alleged malpractice did not arise out of attorneys' First Amendment right to petition.
Attorneys Mar. 15, 2004
Marriage of Tydlaska
Spouse who did not file current income and expense declaration was properly denied request to modify support.
Family Law Mar. 15, 2004
Estate of Rabinowitz
Witness acknowledgment of husband's power of attorney is valid even after husband's death.
Probate and Trusts Mar. 15, 2004