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Schultz v. Wells
Trial court may use variety of factors to evaluate relevance of expert testimony and evidence.
Civil Procedure Mar. 2, 2001
People v. C.G.
Trial court may not unilaterally terminate conditions imposed by deferred judgment agreement.
Criminal Law and Procedure Mar. 2, 2001
Quist v. Specialties Supply Co. Inc.
Claim for punitive damages not precluded by arbitration award against separate defendant.
Torts Mar. 2, 2001
Washington v. Crowder
Americans With Disabilities Act cannot be used as a defense in a proceeding to terminate parental rights.
Family Law Mar. 2, 2001
Margenau v. Bowlin
Testimony concerning traffic citation not prejudicial where trial court gave curative instruction.
Torts Mar. 2, 2001
People v. Ramos
Fourth Amendment not violated when officer detains driver to check identification after having an objectively reasonable basis to stop vehicle.
Criminal Law and Procedure Mar. 2, 2001
People v. Smith
Court reaffirms that use of some force does not automatically transform investigatory stop into full-scale arrest, and officers can take steps to ensure own safety.
Criminal Law and Procedure Mar. 2, 2001
In the Matter of Green
First Amendment prohibits disciplining an attorney on basis of his communication with judge when such communication did not make nor imply false statements of fact.
Attorneys Mar. 2, 2001
In the Matter of C de Baca
Attorney who engages in dishonest conduct after being suspend from practice of law is disbarred.
Attorneys Mar. 2, 2001
People (In the Interest of J.T.)
Juvenile is not entitled to jury trial when no crime of violence or aggravation is alleged.
Criminal Law and Procedure Mar. 2, 2001
In the Interest of T.B. and M.B. Children
Americans With Disabilities Act cannot be used as a defense in a proceeding to terminate parental rights.
Family Law Mar. 2, 2001
Board of County Commissioners v. Shell Western E & P Inc.
County is not entitled to post-judgment interest on delinquent property tax payments.
Taxation Mar. 2, 2001
Interbank Investments v. Vail Valley Consolidated Water District
Six-year statute of limitations is applicable to contract claim.
Contracts Mar. 2, 2001
People v. Lopez
Defendant must offer just and fair reason to withdraw guilty plea.
Criminal Law and Procedure Mar. 2, 2001
People v. Johnson
Inmate who violated terms of community corrections program may be resentenced to term of equal length with an additional parole period.
Criminal Law and Procedure Mar. 2, 2001
Board of County Commissioners v. County Road Users Association
County may exercise discretion to exclude ballot initiative that fails to comply with procedural requirements of sales tax act.
Taxation Mar. 2, 2001
Apartment Association of Los Angeles County v. City of Los Angeles
Fee imposed upon residential rental properties that wasn't adopted pursuant to Proposition 218 is void.
Taxation Mar. 2, 2001
Sohocki v. Colorado Air Quality Control Commission
Administrative regulation valid despite failure of commissioners to disclose potential conflicts of interest.
Administrative Agencies Mar. 2, 2001
Weatherhead v. United States
Defendant is entitled to letter in extradition file from British Home Office under Freedom of Information Act.
Criminal Law and Procedure Mar. 2, 2001
Matter of Paguirigan
Final conviction for a felony involving moral turpitude is proper basis for summary disbarment.
Attorneys Mar. 2, 2001
City News and Novelty Inc. v. Waukesha
Supreme Court of Wisconsin declines to review municipal code governing operating licenses for adult businesses.
Constitutional Law Mar. 2, 2001
Lopez v. Vovos
Review granted
Mar. 2, 2001
Muelder v. Superior Court (People)
Review granted
Mar. 1, 2001
County of Sonoma v. Commission on State Mandates
State does not have obligation to reimburse county when it enacts statute reallocating property tax revenue.
Government Mar. 1, 2001
CD Investment Co. v. California Insurance Guarantee Association
Ability of solvent insurers to pay claims does not relieve association of obligation to cover claims on behalf of non-solvent insurers.
Insurance Mar. 1, 2001
Heavenly Valley v. El Dorado County Board of Equalization
Court errs in adopting business taxpayer's opinion of property value when it should have remanded case for administrative hearing on the issue.
Taxation Mar. 1, 2001
Westrec Marina Management Inc. v. Jardine Insurance Brokers Orange County Inc.
Court may not extend time limit to grant motion for new trial.
Civil Procedure Mar. 1, 2001
Silva v. Union Pacific Railroad Company
Clear factual evidence of forseeability should be considered by court before ruling that railroad has no duty to fence near tracks.
Torts Mar. 1, 2001
Tomassi v. Scarff
Insurance company lacking standing as aggrieved party within meaning of Code of Civil Procedure Section 663 cannot move to vacate judgment.
Civil Procedure Mar. 1, 2001
7-Eleven Owners for Fair Franchising v. The Southland Corp.
Settlement agreement not product of fraud or collusion when it is fair, adequate and reasonable and national class properly certified.
Civil Procedure Mar. 1, 2001