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Name Category Published
Hayes v. County of San Diego
Order 		Jun. 14, 2011
Andersen v. Hunt
Court errs in applying contractual capacity standard instead of testamentary capacity standard to determine testator’s mental capacity to execute trust amendments closely resembling will. 		Probate and Trusts Jun. 14, 2011
R.C., a Minor
French kissing between adult and 12-year-old child who are members of same household constitutes sexual abuse. 		Juveniles Jun. 14, 2011
Parmar v. Board of Equalization
In refund action, shareholders and officers of company do not have standing to recover amount that company paid on their behalf. 		Taxation Jun. 14, 2011
People v. Sojka
Court errs in failing to instruct jury regarding defendant’s mistaken belief of victim’s consent where testimony provides evidence of good faith belief consent existed. 		Criminal Law and Procedure Jun. 14, 2011
First American Commercial Real Estate Services Inc. v. County of San Diego
Tax service company is not entitled to cancellation of late payment penalty due to inadvertent but avoidable clerical error. 		Taxation Jun. 13, 2011
U.S. v. Jicarilla Apache Nation
Fiduciary exception to attorney-client privilege is inapplicable to trust relationship between United States and tribe established and governed by statute. 		Native American Affairs Jun. 13, 2011
Janus Capital Group Inc. v. First Derivative Traders
Investment advisor does not ‘make’ statements contained in prospectus issued by separately owned mutual fund for liability purposes under SEC Rule 10b-5. 		Securities Jun. 13, 2011
Nevada Commission on Ethics v. Carrigan
State may prohibit public official from voting on project where his personal relationship creates conflict of interest and recusal is not unconstitutional. 		Government Jun. 13, 2011
People v. Tran
Prosecution’s ability to present evidence of other gang members’ offenses does not require exclusion of defendant’s own offense to show pattern of gang activity. 		Criminal Law and Procedure Jun. 13, 2011
Flores-Villar v. United States
Order 		Jun. 13, 2011
Cate v. Pirtle
Order 		Jun. 13, 2011
Affiliated Computer Services v. Fensterstock
Order 		Jun. 13, 2011
EISAI Co., Ltd. v. Teva Pharmaceuticals USA, Inc.
Order 		Jun. 13, 2011
In re Richardson
Habeas relief for ineffective assistance of appellate counsel is denied where claim is based on trial counsel’s assistance that court did not find deficient. 		Criminal Law and Procedure Jun. 13, 2011
Davis v. Superior Court (City of Los Angeles)
Order granting summary judgment is insufficient to dismiss plaintiff’s claims affecting his right to appeal absent express declaration of parties’ ultimate rights. 		Civil Procedure Jun. 13, 2011
Lopez v. City of Los Angeles
Wrongful death suit is properly dismissed where evidence shows officers use of deadly force during standoff was reasonable. 		Torts Jun. 13, 2011
Bellows v. Bellows
Trustee may not impose release of liability on beneficiary as condition of accepting what was asserted to be final distribution of trust. 		Probate and Trusts Jun. 12, 2011
Magness v. Superior Court (People)
Use of remote control to open garage door does not constitute ‘entry’ justifying charge of completed burglary where there was no physical intrusion into building. 		Criminal Law and Procedure Jun. 12, 2011
Water Wheel Camp Recreational Area Inc. v. LaRance
Tribe’s status as landowner supports jurisdiction over non-Indian corporation’s conduct on tribal land, which interfered directly with tribe’s inherent power to exclude. 		Native American Affairs Jun. 12, 2011
Sander v. State Bar of California
Court must determine whether State Bar must produce information regarding bar exam passage rates after balancing interests under right of access to documents. 		Constitutional Law Jun. 12, 2011
Citizens for Responsible Equitable Environmental Development v. City of San Diego (Pardee Homes)
City’s certification of addendum to final environmental impact report incorporating water supply assessment is equivalent to approval of assessment under Water Code. 		Environmental Law Jun. 12, 2011
In re Ryner
Reinstatement of decision to grant parole is proper where Governor’s reversal was not supported by evidence of inmate’s current dangerousness. 		Criminal Law and Procedure Jun. 12, 2011
Nalwa v. Cedar Fair L.P.
Riding bumper cars in amusement park is not activity carrying ‘inherent risk’ barring park’s liability for personal injury. 		Torts Jun. 12, 2011
M&M Foods Inc. v. Pacific American Fish Co. Inc.
Only trustee has right to compel arbitration of claims where plaintiff failed to schedule claims asserted in complaint in prior bankruptcy proceeding. 		Bankruptcy Jun. 12, 2011
Rezek v. Superior Court (People)
Order 		Jun. 10, 2011
Garamallo v. Daley
Order 		Jun. 10, 2011
People v. Sauceda-Contreras
Order 		Jun. 10, 2011
Packer v. Superior Court (People)
Order 		Jun. 10, 2011
Leung v. Verdugo Hills Hospital
Order 		Jun. 10, 2011
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