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Name Category Published
Peracchi v. Superior Court (People)
Court errs in denying motion to disqualify trial judge, following appeal and remand for resentencing, when he was original judge in previous trial.
Civil Procedure Sep. 24, 2003
People v. Buttram
Certificate of Probable Cause is required to initiate rehabilitation commitment proceedings for drug offender who pled guilty to possession.
Criminal Law and Procedure Sep. 24, 2003
Hameid v. National Fire Insurance of Hartford
Insurer had duty to defend owner of beauty salon under 'advertising injury' provision of policy.
Insurance Sep. 24, 2003
People v. Hammer
Sex offender who successfully completes probation may be sentenced under One Strike Law upon reoffense.
Criminal Law and Procedure Sep. 24, 2003
Betancourt v. Storke Housing Investors
Order
Sep. 23, 2003
Ensch v. Zou
Order
Sep. 23, 2003
Eastburn v. Regional Fire
Order
Sep. 23, 2003
Law Offices of David A. Boone v. Derham-Burk (In re Eliapo)
Bankruptcy court properly used two-step approach to award attorney fees for Chapter 13 case.
Bankruptcy Sep. 23, 2003
Environmental Defense Center Inc. v. U.S. Environmental Protection Agency
EPA's failure to require review of discharger's notice of intent contravenes express requirements of Clean Water Act.
Environmental Law Sep. 23, 2003
Albingia Versicherungs A.G. v. Schenker International Inc.
District court had supplemental jurisdiction of state claims after federal question which justified removal disappeared.
Civil Procedure Sep. 23, 2003
Big Meadows Grazing Assn. v. United States
Government need not obtain grazing association's approval before implementing conservation plan.
Environmental Law Sep. 23, 2003
Southwest Voter Registration Education Project v. Shelley
District court erred in denying preliminary injunction regarding vote on Propositions 53 and 54 and California's gubernatorial recall.
Government Sep. 23, 2003
U.S. v. Bonas
Defendant may not be retried where district court's finding of manifest necessity for mistrial is not supported by record.
Criminal Law and Procedure Sep. 23, 2003
U.S. v. Cruz-Garcia
Court abused its discretion by excluding underlying details of prosecution witness's prior convictions.
Criminal Law and Procedure Sep. 23, 2003
Ali v. Ashcroft
United States may not remove aliens to Somalia, country that cannot accept them.
Immigration Sep. 23, 2003
Hotel & Motel Assn. of Oakland v. City of Oakland
Oakland ordinances enacted to improve conditions in and around hotels are constitutional.
Constitutional Law Sep. 23, 2003
Kids Against Pollution v. California Dental Assn.
Order
Sep. 23, 2003
Carpinteria Valley Farms v. County of Santa Barbara
Amended opinion
Sep. 23, 2003
In re Scott
Review granted
Criminal Law and Procedure Sep. 23, 2003
City of Los Angeles v. Superior Court (Brandon)
Disclosure of complaint more than five years old against police officer is required to protect defendant's right to fair trial.
Constitutional Law Sep. 23, 2003
Degrassi v. Cook
Violation of state constitutional free speech clause doesn't support claim for monetary damages.
Torts Sep. 23, 2003
County of Riverside v. Superior Court (In re Madrigal)
Police officer is entitled to view references from previous law enforcement employers after being discharged while on probationary status.
Employment Law Sep. 23, 2003
People v. Sanders
Order
Sep. 23, 2003
Katzberg v. The Regents of the University of California
No damages awarded for stigmatization of professor's name where opportunity to be heard was offered and alternative state remedies available.
Constitutional Law Sep. 23, 2003
People v. Adair
Acquitted defendant is not entitled to finding of factual innocence because conflicting accounts lead to reasonable belief she committed murder.
Criminal Law and Procedure Sep. 23, 2003
Kavanaugh v. West Sonoma County Union High School District
Under Education Code, teacher's 'initial employment' begins on date board approves hire, not on date teacher actually begins working.
Education Sep. 23, 2003
Michele D., a Minor
Actual force is not required to prove kidnapping of baby so long as child is taken for improper purpose.
Criminal Law and Procedure Sep. 23, 2003
Viner v. Sweet
'Case within a case' requirement is unnecessary burden for plaintiffs claiming attorney malpractice in business transaction.
Attorneys Sep. 23, 2003
People v. Meloney
Secondary-offense court retains jurisdiction to lift stay of on-bail sentence enhancement after conviction by primary-offense court.
Criminal Law and Procedure Sep. 23, 2003
In re Varnell
Trial court has discretionary authority to dismiss prior conviction to make defendant eligible for sentencing under Proposition 36.
Criminal Law and Procedure Sep. 23, 2003