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Upland Police Officers Assn. v. City of Upland
Injunction prohibiting police department from conducting officer interrogation without officer's chosen representative is reversed.
Attorneys Dec. 5, 2003
People v. Traster
Where evidence shows defendant never acquired title to money, crimes are more appropriately characterized as larceny by trick and device.
Criminal Law and Procedure Dec. 5, 2003
People v. Malone
Admission of defendant's testimony from first trial at second trial was proper after defendant elected not to testify.
Criminal Law and Procedure Dec. 5, 2003
People v. Snyder
Trial court's instruction to jury regarding corroboration of accomplice's testimony was proper.
Criminal Law and Procedure Dec. 5, 2003
People v. Bryant R.
Court did not err in calculating minor's aggregate period of confinement.
Family Law Dec. 5, 2003
Amex Assurance Co. v. Allstate Insurance Co.
Plumber who installed heater in friend's home that caused fire was not covered by plumber's homeowner's policy.
Insurance Dec. 5, 2003
People v. Morales
Retrial on robbery charges is not barred by collateral estoppel on account of inconsistent jury verdict.
Criminal Law and Procedure Dec. 5, 2003
Slauson Partnership v. Richard Ochoa
Dec. 5, 2003
S.G., a Minor
Mother who permitted boyfriend to severely beat child was properly denied reunification services.
Family Law Dec. 5, 2003
Hard v. California State Employees Assn.
State employees association must grant charter to division seeking separate affiliation.
Labor Law Dec. 5, 2003
Los Angeles Times Communications v. Los Angeles County Board of Supervisors
Newpaper is entitled to attorney fees in action arising from county's various Brown Act violations.
Government Dec. 5, 2003
California Automobile Insurance Co. v. Hogan
Damages for fatal injuries inflicted during altercation at accident scene were not covered by uninsured motorist policy.
Insurance Dec. 5, 2003
Ali v. L.A. Focus Publication
Newspaper columnist who was fired after publicly criticizing mayoral candidate may sue for wrongful termination.
Employment Law Dec. 5, 2003
People v. Montes
Intent to kill is element of crime of attempted voluntary manslaughter.
Criminal Law and Procedure Dec. 5, 2003
People v. American Contractors Indemnity Co.
Dec. 5, 2003
Glassman v. McNab
Arbitrator had jurisdiction to determine whether attorney-client relationship existed for purposes of fee dispute.
Civil Procedure Dec. 5, 2003
People v. Martinez
Dec. 5, 2003
Ralphs Grocery Co. v. Superior Court (Swanson)
Because complaint alleges bonus plan of grocery store includes prohibited deductions for expenses, it states causes of action for violations of wage laws.
Labor Law Dec. 5, 2003
Ponce v. SEC
SEC's ruling that accountant violated federal securities law is affirmed.
Securities Dec. 4, 2003
Schneider v. California Dept. of Corrections
District court must determine whether state's failure to pay interest to individual inmates on their Inmate Trust Accounts violates takings clause.
Prisoners Rights Dec. 4, 2003
Lopez-Urenda v. Ashcroft
Petitioner has no settled expectation that he would be placed in deportation proceedings after applying for asylum.
Immigration Dec. 4, 2003
Umali v. Dhanani (In re Umali)
Bankruptcy petition filed in violation of court-imposed 180-day bar is properly excluded from automatic stay provisions.
Bankruptcy Dec. 4, 2003
Spitsyn v. Moore
Habeas petitioner may be entitled to tolling of deadline due to attorney's failure to prepare petition.
Criminal Law and Procedure Dec. 4, 2003
People ex rel. Allstate Insurance Co. v. Muhyeldin
Allegation that physicians engaged in insurance fraud may be proven by preponderance of evidence.
Insurance Dec. 4, 2003
In re McSherry
Trial court may impose reasonable bail conditions upon defendant awaiting appeal of misdemeanor conviction.
Criminal Law and Procedure Dec. 4, 2003
Burlington Northern and Santa Fe Railway Co. v. Public Utilities Commission (United Transportation Union)
Public Utilities Commission has authority to refuse to enforce state statute if enforcement would result in violation of inconsistent statute later enacted.
Administrative Agencies Dec. 4, 2003
People v. Ferraez
Circumstantial evidence was sufficient to support conviction for street terrorism.
Criminal Law and Procedure Dec. 4, 2003
Slauson Partnership v. Richard Ochoa
Injunction did not violate protestors' First Amendment right to picket in front of nude entertainment club.
Constitutional Law Dec. 4, 2003
People v. Esayian
Blood draw that was conducted by unauthorized phlebotomist in DUI case did not result in constitutional violation.
Criminal Law and Procedure Dec. 4, 2003
Utility Audit Company Inc. v. City of Los Angeles
In action for unpaid interest on refunds for sewer service, city raised triable issues of fact regarding statute of limitations and claims filing periods.
Government Dec. 4, 2003