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Name Category Published
In re Taylor
Defendant who received increased sentence based on Three Strikes offenses is not entitled to jury trial on prior convictions.
Criminal Law and Procedure Jul. 17, 2001
People v. Alvarez
Sentence enhancement for using firearm during murder is constitutional because there is compelling purpose to deter firearm use.
Criminal Law and Procedure Jul. 17, 2001
Farmers Insurance Exchange v. Law Offices of Conrado of Joe Sayas
Two law firms who jointly represented client in insurance case may represent one another to recover attorney fees against former client.
Attorneys Jul. 17, 2001
Nicholas B., a Minor
Current substantial risk that child will suffer serious physical harm must be proved before child is removed from parents' home.
Juveniles Jul. 17, 2001
People v. Cleveland
Conviction reversed where trial court discharged juror during deliberations for failing to deliberate and prejudging case.
Criminal Law and Procedure Jul. 17, 2001
People v. Cole
Jul. 17, 2001
Jonathan F., a Minor
Once parental rights are terminated parent no longer has duty to pay child support.
Family Law Jul. 17, 2001
Dishman v. Unum Life Insurance Co.
California's common law tort remedy for invasion of privacy isn't pre-empted by ERISA where claim only tenuously related to ERISA plan.
Insurance Jul. 17, 2001
U.S. v. Velarde-Gomez
Order
Jul. 17, 2001
People v. McCoy
Order
Jul. 17, 2001
FirstAmerica Automotive, Inc. v. Sweeney
Order
Jul. 17, 2001
Carmel Valley Fire Protection District v. State
Statute permitting Legislature to suspend operation of statutes and executive orders does not violate the Separation of Powers Clause of the California Constitution
Constitutional Law Jul. 17, 2001
City of Vernon v. Public Utilities Commission of The State of California (Atchison, Topeka & Santa Fe Railway)
Public Utilites Commisson does not abuse discretion by dismissing complaint when city fails to demonstrate that project will cause significant environmental impact.
Administrative Agencies Jul. 17, 2001
Guadalupe-Cruz v. INS
Order
Jul. 17, 2001
People v. Valentine
Review granted
Criminal Law and Procedure Jul. 17, 2001
Morgan v. The Regents of the University of California
Employee does not have to be re-hired after layoff if he is not qualified for available positions.
Employment Law Jul. 17, 2001
Kaur v. INS
Amended opinion
Jul. 17, 2001
Paciulan v. George
State rule limiting attorney's court appearances without meeting bar requirements to non-California residents is constitutional.
Attorneys Jul. 17, 2001
Pawlyk v. Wood
Defendant who raises insanity defense may expect compelled disclosure of psychiatric examinations.
Criminal Law and Procedure Jul. 17, 2001
Kaur v. Immigration and Naturalization Service
Immigration judge erred by refusing immigrants' request for subpoena requiring production of documentary evidence along with application for asylum.
Immigration Jul. 17, 2001
Case v. Kitsap County Sheriff's Dept.
Washington deputies who arrest defendant in Washington pursuant to Oregon arrest warrant are entitled to qualified immunity.
Constitutional Law Jul. 17, 2001
People v. Englebrecht
Injunction against street gang member does not violate constitutional rights.
Criminal Law and Procedure Jul. 17, 2001
Vestar Development II LLC v. General Dynamics Corp.
Prospective buyer of real estate cannot seek lost profits for breach of agreement to negotiate because they are too speculative.
Contracts Jul. 17, 2001
State Bar of California v. Taggart (In re Taggart)
Attorney's debt to state bar for cost of disciplinary proceedings is compensation for actual pecuniary loss and should be discharged.
Bankruptcy Jul. 17, 2001
U.S. v. Velasco-Heredia
In defendant's conspiracy to distribute marijuana case, drug quantity is fact government must prove beyond reasonable doubt.
Criminal Law and Procedure Jul. 17, 2001
Scovis v. Henrichsen (In re Scovis)
Eligibility for Chapter 13 bankruptcy is determined by debtor's originally filed schedules so long as they were prepared in good faith.
Bankruptcy Jul. 17, 2001
Chowdhury v. INS
Immigrant convicted of money laundering amount less than $10,000 did not commit aggravated felony for purposes of deportation.
Immigration Jul. 17, 2001
Amster v. City of Tempe
Ordinance that prohibits sitting or lying down on sidewalk except during demonstration for which permit has been obtained is constitutional.
Constitutional Law Jul. 17, 2001
U.S. v. Reyes-Pacheco
Immigrant is guilty of illegal reentry on date he enters United States despite not being discovered for almost four years.
Immigration Jul. 17, 2001
Searles v. Van Bebber
Incarcerated prisoner may not be awarded damages for mental and emotional injury suffered in prison without prior showing of physical injury.
Prisoners Rights Jul. 17, 2001