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Name Category Published
People v. Jones
Kidnapping statute is not pre-empted by child abduction law. 		Criminal Law and Procedure Jul. 29, 2003
People v. Buttram
Appellate court erroneously concluded probable cause certificate was necessary for defendant to assert abuse of sentencing discretion. 		Criminal Law and Procedure Jul. 28, 2003
People v. Hammer
'One Strike' law applies to defendant with prior specified conviction that led to probation. 		Criminal Law and Procedure Jul. 28, 2003
Parris v. Superior Court (Lowe's H.I.W. Inc.)
Precertification communication with potential plaintiffs of class action does not require court approval. 		Civil Procedure Jul. 28, 2003
Olszewski v. Scripps Health
State statutes authorizing provider liens against Medi-Cal beneficiaries are pre-empted by federal law. 		Constitutional Law Jul. 28, 2003
Winter v. DC Comics
Comic books that added creative elements to celebrity likeness were protected by First Amendment. 		Constitutional Law Jul. 28, 2003
Eisendrath v. Superior Court (Rogers)
Communications made during confidential mediation cannot be disclosed without express waiver of parties. 		Civil Procedure Jul. 28, 2003
People v. Guzman
Trial court did not err in revoking drug treatment probation where defendant made no effort to comply with probation and left country. 		Criminal Law and Procedure Jul. 28, 2003
Dawson v. Toledano
Malpractice per se is not presumed when attorney is sanctioned; res judicata and collateral estoppel don't bar attorney from trial on merits. 		Attorneys Jul. 28, 2003
People v. Ferguson
Exclusionary rule applies where search of defendant was based on erroneous information that he was on probation. 		Criminal Law and Procedure Jul. 28, 2003
Twedt v. Franklin
Incorporation by attachment of written transcript that specifies reasons for grant of new trial complies with procedural requirements. 		Civil Procedure Jul. 28, 2003
Oldham v. California Capital Fund Inc.
Without sufficient information, superior court could not have properly exercised its discretion in approving settlement. 		Civil Procedure Jul. 28, 2003
Hernandez v. Paicius
Judge's comments regarding undocumented aliens requires retrial. 		Judges Jul. 28, 2003
Robert L. v. Superior Court (People)
Alternate penalty provision directed at gang crime applies to both misdemeanors and felonies. 		Criminal Law and Procedure Jul. 28, 2003
Scripps Health v. Superior Court (Reynolds)
Confidential occurrence reports prepared by hospital were protected by attorney-client privilege. 		Attorneys Jul. 28, 2003
Ferguson v. Lieff, Cabraser, Heimann & Bernstein
Plaintiffs in legal malpractice action may not recover as compensatory damages punitive damages lost due to attorneys' negligence. 		Torts Jul. 28, 2003
Ricardo L., a Minor
Jurisdictional order is reversed where social service agency failed to meet burden of proof under Welfare and Institutions Code. 		Juveniles Jul. 28, 2003
Reeves v. Rocklin Unified School District
Anti-abortion activists do not have right to distribute literature on high school campus. 		Constitutional Law Jul. 28, 2003
Wittkopf v. Los Angeles County
Order 		Jul. 28, 2003
People v. Flores
Appellate court had authority to return case to trial court to determine whether criminal defendant had ability to pay attorney fees. 		Criminal Law and Procedure Jul. 28, 2003
U.S. v. Cedano-Arellano
Court's refusal to permit defendant to conduct discovery regarding narcotics dog was harmless error. 		Criminal Law and Procedure Jul. 25, 2003
Skokomish Indian Tribe v. United States
District court lacked jurisdiction to hear Indian tribe's challenge to federal licensing of energy project. 		Administrative Agencies Jul. 25, 2003
Ho v. Carey
Prisoner has constitutional right to have jury decide each element of second-degree murder offense based on implied malice. 		Criminal Law and Procedure Jul. 25, 2003
International Healthcare Management v. The Hawaii Coalition for Health
Consortium to negotiate terms of company's provider agreement does not cause antitrust injury in violation of Sherman Act. 		Antitrust Jul. 25, 2003
U.S. v. Pina-Jaime
Previously deported alien who remains in United States after parole term has ended violates federal statute. 		Immigration Jul. 25, 2003
U.S. v. Cabaccang
Transport of drugs on nonstop flight from California to Guam does not constitute importation. 		Criminal Law and Procedure Jul. 25, 2003
Baffert v. California Horse Racing Board
District court should have declined jurisdiction to review state board's decision to suspend horse-racing license. 		Administrative Agencies Jul. 25, 2003
U.S. v. City of Tacoma
Tribal lands in which federal government had interest are not subject to state condemnation proceedings. 		Native American Affairs Jul. 25, 2003
Harbor Island Holdings LLC v. Kim
Lease provision requiring double rent in event of breach is unenforceable as penalty. 		Real Property Jul. 25, 2003
Pfeiffer Venice Properties v. Superior Court (Bernard)
Post-appeal peremptory challenges are available to both appellants and respondents. 		Civil Procedure Jul. 25, 2003
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