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Allen v. Lewis
Order
Sep. 17, 2002
Virk v. INS
Alien who entered into sham marriage may be eligible for waiver of deportation.
Immigration Sep. 17, 2002
AT & T Corp. v. Coeur D'Alene Tribe
Amended opinion
Sep. 17, 2002
Rosa S. v. Superior Court (Orange County Social Services Agency)
Parent who successfully completed reunification program is not barred from receiving services when new dependency proceeding is initiated.
Family Law Sep. 17, 2002
Howard Jarvis Taxpayers Assoc. v. City of Roseville
Flat municipal fee imposed on water, sewer and refuse utilities is unlawful.
Government Sep. 17, 2002
Rancho Solano Master Association v. Amos & Andrews Inc.
Construction company found liable for landslides waived right to appeal when it satisfied judgment in favor of plaintiffs.
Civil Procedure Sep. 17, 2002
Seelig v. Infinity Broadcasting Corp.
Defamation claims against morning radio show do not survive California's Anti-SLAPP statute.
Torts Sep. 17, 2002
Patel v. Southern California Water Co.
Use of water utility's easement for non-water related use is trespass, not inverse condemnation.
Real Property Sep. 17, 2002
Estate of Shinkle
Ombudsman for nursing home cannot receive donative transfer from trust established by resident.
Probate and Trusts Sep. 17, 2002
Arreola v. Monterey County
Government agencies are liable for flood damage caused by failure of Pajaro River Levee Project.
Government Sep. 17, 2002
Chao v. Bremerton Metal Traders Council
Requirement that national union be affiliated with Metal Trades Dept. for delegates to run for office is unreasonable.
Labor Law Sep. 17, 2002
Townsend v. Lumbermens Mutual Casualty Co.
District court must instruct jury that it may, but need not, infer discriminatory intent from disbelief of employer's explanation for termination.
Employment Law Sep. 17, 2002
Kanter v. Warner-Lambert Co.
State claim against manufacturer of head lice medicine is pre-empted by federal drug law.
Civil Procedure Sep. 17, 2002
Peterson v. Lampert
Order
Sep. 17, 2002
State of Hawaii v. Federal Emergency Management Agency
Federal agency that provided overlapping aid for natural disaster is entitled only to reimbursement of amount received in commercially reasonable settlement.
Government Sep. 17, 2002
Hason v. Medical Board of California
Order
Sep. 17, 2002
U.S. v. Orellana-Blanco
Evidence that alien entered into sham marriage to evade immigration laws was improperly introduced at trial.
Criminal Law and Procedure Sep. 17, 2002
Kukje Hwajae Insurance Co. v. The 'M/V Hyundai Liberty'
Cargo owner's insurer is bound by forum-selection clause in shipper's bill of lading, which was accepted by cargo owner's agent.
Civil Procedure Sep. 17, 2002
Paulson v. City of San Diego
Sale of city land with religious cross violated California Constitution because it provided advantage to bidders with sectarian purpose of preserving cross.
Constitutional Law Sep. 17, 2002
Wayne v. DHL Worldwide Express
Federal district court lacked jurisdiction to hear case that alleged air shipment company violated state law.
Civil Procedure Sep. 17, 2002
Cortez v. County of Los Angeles
Los Angeles County is subject to 42 U.S.C. Section 1983 liability in case where inmate was beaten to death by cell mates while incarcerated at county jail.
Civil Rights Sep. 17, 2002
U.S. v. Concha
Court was authorized to consider prior foreign convictions to impose upward departure in sentence.
Criminal Law and Procedure Sep. 17, 2002
Gometz v. U.S. Parole Commission
Parole Commission's Category 8 rating and imposition of minimum of 430 months sentence instead of 402 months is proper.
Criminal Law and Procedure Sep. 17, 2002
Colarossi v. Coty US Inc.
Circumstantial evidence presented sufficient retaliatory motives for wrongful termination.
Employment Law Sep. 17, 2002
People v. Superior Court (Turner)
Eligibility for probation for drug possession conviction requires five years of freedom from incarceration immediately preceding drug offense.
Criminal Law and Procedure Sep. 17, 2002
Seo v. All-Makes Overhead Doors
Independent contractor/repairer owes no duty to third party injured by equipment repaired where injury is unrelated to specific repairs.
Torts Sep. 17, 2002
WR Enterprises Inc. v. Dept. of Labor & Industries
Method for setting premium rates for worker's compensation insurance does not exceed statutory authority.
Workers' Compensation Sep. 17, 2002
Beck v. Farmers Ins. Co.
Due to insufficient notice, insurer provider of uninsured benefits was improperly bound to arbitration finding.
Insurance Sep. 17, 2002
State v. Read
Admission of opinion testimony to determine reasonableness of defendant's self-defense claim was not reversible error.
Criminal Law and Procedure Sep. 17, 2002
State v. Wiggins
Conviction for unlawful possession of explosives requires showing that defendant possessed all components necessary to assemble explosive device.
Criminal Law and Procedure Sep. 17, 2002