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Name Category Published
Opinion of Brown
Elective office of city clerk is not incompatible with elective office of trustee of elementary school district in same city.
Government Dec. 20, 2010
People v. Albillar
Conviction for ‘active participation in criminal street gang’ requires finding of felonious criminal conduct by gang members, not that criminal conduct was gang-related.
Criminal Law and Procedure Dec. 20, 2010
Daniels-Hall v. National Education Association
Public labor employee union does not establish or maintain employee pension benefit plan under ERISA by endorsing certain tax sheltered annuities.
Employment Law Dec. 20, 2010
Grace C., a Minor
Disagreement between legal guardian and mother regarding visitation details due to both parties’ conflicts does not constitute ‘exceptional circumstance’ warranting continuing dependency jurisdiction.
Juveniles Dec. 20, 2010
Ennabe v. Manosa
Charging admission fees later used to purchase communal alcohol does not constitute 'selling' of alcoholic beverages that would subject social host to civil liability.
Torts Dec. 20, 2010
Jacobs Farm/Del Cabo Inc. v. Western Farm Service Inc.
Statutory scheme governing pesticide use in California does not displace common law tort claims, even if claims related to place of pesticide application.
Torts Dec. 20, 2010
Robinson v. Endovascular Technologies Inc.
State product liability claims that medical device is unsafe is preempted by federal law where FDA granted investigational device exemption approval.
Torts Dec. 20, 2010
People v. Puentes
Prosecution fails to rebut presumption of vindictiveness where felony charge is re-added to defendant’s charges after misdemeanor is reversed on appeal.
Criminal Law and Procedure Dec. 20, 2010
J.L., a Minor
Juvenile is entitled to jury trial before lifetime residency restrictions, which are punitive in nature, can be imposed.
Juveniles Dec. 19, 2010
People v. Nelson
Victim's statement to firefighter while in ambulance, which identified defendant as perpetrator, is nontestimonial and admissible under Sixth Amendment.
Criminal Law and Procedure Dec. 19, 2010
United States v. City of Arcata
Local ordinances prohibiting military recruiters’ conduct are invalid under intergovernmental immunity doctrine as regulation of federal government.
Constitutional Law Dec. 19, 2010
Schelb v. Stein
Trust deed securing note issued in relation to family law judgment expires under Marketable Record Title Act despite Family Code provision.
Family Law Dec. 19, 2010
People v. Vidales
Order
Dec. 16, 2010
Cook (Walter) on Habeas Corpus
Order
Dec. 16, 2010
McINNIS (Carol Sue) on Habeas Corpus
Order
Dec. 16, 2010
People v. Hubbard
Order
Dec. 16, 2010
Salango (Remar) on Habeas Corpus
Order
Dec. 16, 2010
People v. Bacon
Trial court has discretion in deciding whether foundational evidence is sufficient in establishing preliminary fact.
Criminal Law and Procedure Dec. 16, 2010
People v. Bacon
Order
Dec. 16, 2010
Environmental Protection Information Center v. California Dept. of Forestry and Fire Protection
Party is entitled to attorney fees as successful litigant despite partial reversal of claims where significant benefit is shown by effectuation of policy.
Attorneys Dec. 16, 2010
City of Sonoma v. Superior Court (Marvin’s Gardens Cooperative Inc.)
Challenge to ordinance must be brought within 90 days of ordinance’s enactment, not enforcement proceedings, to be timely.
Government Dec. 16, 2010
People v. Jones
Order
Dec. 16, 2010
People v. Craig
Order
Dec. 16, 2010
People v. Howard
Defendant’s failure to make adequate showing on trial record that stun belt affected his testimony is waived on appeal.
Criminal Law and Procedure Dec. 16, 2010
Carvalho v. Equifax Information Services LLC
Consumer, who is wrongly charged debt, fails to fulfill inaccuracy requirement of reinvestigation claim under California Consumer Credit Reporting Agencies Act.
Business Law Dec. 16, 2010
Lowe v Washoe County
Absence of class-wide remedy for challenging ad valorem tax assessment does not render state court remedy inefficient under Tax Injunction Act.
Taxation Dec. 16, 2010
Balsam v. Tucows Inc.
No third party beneficiary right exists under contract where parties included explicit language stating no such rights were intended.
Contracts Dec. 16, 2010
U.S. v. Newhoff
Judge’s failure to issue admonition on testimony re-read to jury is not reversible error because there is sufficient evidence to support defendant’s conviction.
Criminal Law and Procedure Dec. 16, 2010
McLeod v. Astrue
Administrative law judge's failure to help applicant develop record by putting VA disability determination into record is reasonably likely to have been prejudicial.
Administrative Agencies Dec. 16, 2010
Lopez v. Candaele
Student lacks standing to sue where credible threat that sexual harassment policy would be enforced against him did not exist.
Constitutional Law Dec. 16, 2010