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Name Category Published
People v. Meloney
Court adjudicating defendant's 'secondary offense' may apply stay in sentence enhancement in two different ways. 		Criminal Law and Procedure Aug. 11, 2003
In re Varnell
Courts may not use Penal Code Section 1385 to disregard sentencing factors of Proposition 36. 		Criminal Law and Procedure Aug. 11, 2003
Silvio v. Ford Motor Co.
Aug. 11, 2003
Moore v. Anderson Zeigler Disharoon Gallagher & Gray
Attorney has no duty to beneficiaries of will to determine whether client has testamentary capacity to amend will. 		Attorneys Aug. 11, 2003
Peracchi v. Superior Court (People)
Defendant who obtains reversal of conviction cannot seek to disqualify trial judge whose sole task is resentencing. 		Judges Aug. 11, 2003
Viner v. Sweet
When alleged malpractice occurred in performance of transactional work, client must still prove causation element. 		Attorneys Aug. 11, 2003
Marriage of Graham
Court abused its discretion in applying excessive hourly rate to determine parent's gross monthly income. 		Family Law Aug. 11, 2003
Century Surety Co. v. United Pacific Insurance Co.
Aug. 11, 2003
State of California Dept. of Rehabilitation v. Workers' Compensation Appeals Board
Once employee's injury is permanent and stationary, and he returns to work, employee is no longer entitled to temporary disability indemnity. 		Workers' Compensation Aug. 11, 2003
Palmer v. GTE California Inc.
Service of copy of file-stamped judgment triggers time period to seek new trial or judgment notwithstanding verdict. 		Civil Procedure Aug. 11, 2003
People v. Sanders
Law enforcement officers exceed scope of protective sweep when they search entire apartment and cocaine seized must be suppressed. 		Criminal Law and Procedure Aug. 10, 2003
Drouet v. Superior Court of San Francisco County
Tenant may not prevent landlord from lawfully removing rental property from market by claiming retaliatory eviction. 		Real Property Aug. 10, 2003
Sharon S. v. Superior Court (Annette F.)
Statutes do not authorize use of independent adoption to accomplish second parent adoption. 		Family Law Aug. 10, 2003
In re Emiliano (People v. Emiliano)
Requiring juvenile to register as gang member as condition of probation violation was improper. 		Criminal Law and Procedure Aug. 10, 2003
People v. Reliford
Jury instruction on evidence of defendant's prior sexual offense was not misleading. 		Criminal Law and Procedure Aug. 10, 2003
Smith v. M.D.
Aug. 10, 2003
People v. Jones
Defendant's conviction and death sentence for felony murder are affirmed. 		Criminal Law and Procedure Aug. 10, 2003
People v. Lodhia
Order 		Aug. 8, 2003
People v. Hernandez
Order 		Aug. 7, 2003
Ponderosa Dairy v. Lyons
California's 1997 milk pooling law amendments are immune from Commerce Clause challenges and don't violate Equal Protection or Privileges and Immunities Clauses. 		Constitutional Law Aug. 7, 2003
Quintana v. Guijosa
Trial court's denial of restraining order because victim's children lived in Mexico is contrary to Domestic Violence Prevention Act. 		Family Law Aug. 6, 2003
Center for Fair Public Policy v. Maricopa County
State statute prohibiting sexually-oriented businesses from operating during late night hours is constitutional. 		Constitutional Law Aug. 5, 2003
S.D. Myers Inc. v. City and County of San Francisco
Ordinance requiring city contractors not to discriminate on basis of sexual orientation is not pre-empted by state law. 		Constitutional Law Aug. 5, 2003
Brown v. City of Tucson
In action against her former employer, plaintiff raised triable issue of material fact regarding her interference claim under ADA. 		Employment Law Aug. 5, 2003
U.S. v. Davis
Lessee of apartment lacked authority to consent to police search of belongings in room that she did not occupy. 		Criminal Law and Procedure Aug. 4, 2003
Wells v. Clackamas Gastroenterology Associates
Order 		Aug. 4, 2003
Celaya v. Halter
Administrative law judge failed to meet obligation to develop record regarding claimant's obesity in proceeding for Social Security benefits. 		Civil Procedure Aug. 3, 2003
Taniguchi v. Schultz
Order 		Aug. 3, 2003
Shaver v. Operating Engineers Local 428 Pension Trust Fund
Because financial records sought were not instruments under which pension plan was established or operated, trustees had no duty to disclose. 		Employment Law Aug. 3, 2003
De La Fuente v. FDIC
Board must reconsider permanent removal of bank director who arranged self-interested loans. 		Banking Aug. 3, 2003
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