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Name Category Published
Pollock v. Superior Court (Northwestern Mutual Life Insurance Co.)
Psychotherapist-patient privilege trumps plaintiff's right to discover other claimants' identities in suit against insurer over termination of disability payments.
Insurance Dec. 17, 2001
Jurcoane v. Superior Court (People)
Although wife had no contact with husband for 17 years since killings, magistrate errs in overruling her assertion of martial testimonial privilege.
Administrative Agencies Dec. 17, 2001
Flores v. Transamerica Homefirst Inc.
One-sided arbitration provision in reverse mortgage agreement will not be enforced.
Contracts Dec. 17, 2001
Duval v. Board of Trustees of Coalinga-Huron Unified School District
Discussion of school superintendent's performance was not required to be conducted in public.
Government Dec. 17, 2001
Marriage of Monge
When in propria persona party is not advised of nor expressly stipulates to hearing by commissioner, order is void.
Family Law Dec. 17, 2001
U.S. v. Mitchell
Applications for wiretaps met the 'necessity requirement' and appellants did not prove denials of motions to suppress were clearly erroneous.
Criminal Law and Procedure Dec. 17, 2001
Glenn K. Jackson Inc. v. Roe
Triable issue of fact existed to demonstrate legal auditor acted maliciously in preparing billing statements.
Torts Dec. 16, 2001
U.S. v. Gonzalez-Torres
Alien's convictions for illegally entering United States must be reversed because he did not enter free from official restraint.
Criminal Law and Procedure Dec. 16, 2001
U.S. v. Hernandez-Herrera
Where alien is not under constant surveillance upon crossing U.S. border, there is no official restraint and there is illegal entry.
Criminal Law and Procedure Dec. 16, 2001
U.S. v. Blackmon
Application for wiretap fails to survive challenge of specificity due to material misstatements and omissions.
Criminal Law and Procedure Dec. 16, 2001
Schritter v. State Farm Mutual Automobile Insurance Co.
When successful plaintiff deposes own expert witness and presents that testimony in lieu of in-court testimony, expert's fees are not recoverable.
Civil Procedure Dec. 14, 2001
U.S. v. Anderson
Order
Dec. 14, 2001
Varnado v. Federal Bureau of Prisons
Order
Dec. 14, 2001
Burton v. Colorado Department of Social Services
Order
Dec. 14, 2001
Opinion of Bill Lockyer
California's Building Standards Law does not permit model building codes to be deemed 'approved alternates' by local jurisdictions.
Government Dec. 14, 2001
Huizar v. Carey
Habeas petition submitted to prison authorities for mailing is timely even though court never received it.
Criminal Law and Procedure Dec. 14, 2001
Zinser v. Accufix Research Institute Inc.
Amended opinion
Dec. 14, 2001
People v. Jaimes
Order
Dec. 14, 2001
Augustine v. Adams
Order
Dec. 14, 2001
San Paolo U.S. Holding Co. v. Simon
Order
Dec. 13, 2001
D.A.R.E. America v. Rolling Stone Magazine
Summary judgment against defamation plaintiff is upheld where appellate arguments lacked merit and amounted to 'bare' assertions.
Torts Dec. 13, 2001
Aguirre-Cervantes v. INS
Order
Dec. 13, 2001
Carson Harbor Village Ltd. v. Unocal Corp.
Property owner may seek reimbursement for environmental cleanup costs despite having business motive for cleanup.
Environmental Law Dec. 13, 2001
Dominion Video Satellite Inc. v. Echostar Satellite Corp.
Court did not abuse discretion in giving notice of hearing or in granting preliminary injunction.
Civil Procedure Dec. 13, 2001
Elephant Butte Irrigation District of New Mexico v. US Department of Interior
Federal amendment did not abolish water districts' right to receive revenue under earlier law.
Administrative Agencies Dec. 13, 2001
US v. DeLuca
To suppress evidence, passenger of illegally detained vehicle must show factual nexus between illegality and challenged evidence.
Criminal Law and Procedure Dec. 13, 2001
Moore v. Nelson
Writ of habeas corpus under Indian Civil Rights Act is not available where petitioner was only civilly fined, not detained.
Native American Affairs Dec. 13, 2001
Burlington Northern & Santa Fe Railway Co. v. Burton
The federal Railroad Revitalization and Regulatory Reform Act of 1976 is valid abrogation of state sovereign immunity.
Constitutional Law Dec. 13, 2001
James v. Pliler
District court must advise defendant of right to amend habeas petition to delete claims that have not been exhausted in state court.
Criminal Law and Procedure Dec. 13, 2001
Toles v. Gibson
Court rejects constitutional challenges, where defendant receives two death sentences for murder of father and son.
Criminal Law and Procedure Dec. 13, 2001