| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
07-16171
|
Mundi v. Union Security Life Insurance Co.
Where signatory to agreement bought insurance to pay amounts under agreement, non-signatory insurer may not compel arbitration. |
Contracts |
|
Feb. 12, 2009 | |
|
07-35971
|
Amalgamated Sugar Co. v. Vilsack
USDA is required to redistribute sugar production allotment where processor has permanently terminated operations. |
Administrative Agencies |
|
Feb. 12, 2009 | |
|
B194209
|
Lu v. Hawaiian Gardens Casino Inc.
Labor Code Section 351 does not prohibit casino ‘tip pooling’ but serves as basis for suit under unfair competition law. |
Labor Law |
|
Feb. 12, 2009 | |
|
B204117
|
Citizens of Humanity v. Costco Wholesale Corp.
Manufacturer properly alleges cause of action against warehouse store for sale of stolen property. |
Business Law |
|
Feb. 12, 2009 | |
|
B203174
|
Cleveland v. Internet Specialties West Inc.
Trial court's grant of summary judgment is improper based on finding of expiration of statute of limitations. |
Civil Procedure |
|
Feb. 12, 2009 | |
|
C058337
|
People v. Watkins
Defendant who conceals probation search condition by misrepresenting his identity is estopped from contesting subsequent search's validity. |
Criminal Law and Procedure |
|
Feb. 11, 2009 | |
|
C053982
|
People v. Hamlin
Torture may be demonstrated by continuing course of conduct in series of acts. |
Criminal Law and Procedure |
|
Feb. 11, 2009 | |
|
B203935
|
People v. Graff
Court improperly allows jury to convict defendant based on charges not established at preliminary hearing. |
Criminal Law and Procedure |
|
Feb. 11, 2009 | |
|
C057249
|
In re Ross
Habeas corpus petition is granted where Governor's written decision to deny parole failed to articulate nexus between facts and current dangerousness. |
Criminal Law and Procedure |
|
Feb. 11, 2009 | |
|
C059277
|
E.G., a Minor
ICWA notice is not required where paternity test established alleged father was not biological father of minor. |
Family Law |
|
Feb. 11, 2009 | |
|
04-73843
|
Sinha v. Holder
Incidents against Indo-Fijian on account of race satisfy 'nexus' prong of past persecution analysis. |
Immigration |
|
Feb. 11, 2009 | |
|
06-15153
|
Mendez v. Knowles
Jury allowed to infer commission of charged crime based on previous sexual offense proven beyond reasonable doubt. |
Criminal Law and Procedure |
|
Feb. 11, 2009 | |
|
07-10368
|
U.S. v. Beltran-Moreno
Defendants may be convicted and sentenced for multiple violations of 18 U.S.C. Section 924(c) so long as each count is supported by separate predicate offense. |
Criminal Law and Procedure |
|
Feb. 11, 2009 | |
|
07-30384
|
U.S. v. Cruz
Defendant does not have tribal or federal government recognition as 'Native American' where he lived on Blackfeet Indian reservation during childhood. |
Native American Affairs |
|
Feb. 11, 2009 | |
|
07-56537
|
Sofris v. Maple-Whitworth Inc. (In re Maple-Whitworth Inc.)
Bankruptcy court abuses discretion by ignoring waiver issue prior to awarding fees and costs. |
Bankruptcy |
|
Feb. 11, 2009 | |
|
B199682
|
People v. Zanoletti
Multiple convictions are appropriate where married couple is charged with operating insurance fraud mill. |
Criminal Law and Procedure |
|
Feb. 11, 2009 | |
|
06-55867
|
Solovik v. Yates
Sixth Amendment right to confront witnesses is infringed where defendant is denied right to establish that key witness lied under oath. |
Criminal Law and Procedure |
|
Feb. 11, 2009 | |
|
06-35758
|
Zucco Partner v. Digimarc Corporation
Confidential witness testimony is not enough to demonstrate scienter required under Private Securities Litigation Reform Act. |
Corporations |
|
Feb. 11, 2009 | |
|
F054609
|
Pine Terrace Apartments v. Windscape
Exemption from 10-year statute of limitations on construction defect actions based on willful misconduct applies to cross-complaints for indemnity. |
Real Property |
|
Feb. 10, 2009 | |
|
S155589
|
Morongo Band of Mission Indians v. State Water Resources Control Board
License holder's due process rights are not violated where agency attorney prosecuting matter also serves as Board advisor in unrelated matter. |
Constitutional Law |
|
Feb. 10, 2009 | |
|
S150402
|
Spielbauer v. County of Santa Clara
Termination is proper where public defender refused to answer questions relating to job performance without formal grant of criminal immunity. |
Employment Law |
|
Feb. 10, 2009 | |
|
06-56454
|
Dawson v. Marshall
District judge may decide habeas petition on which he issued findings and recommendations in prior capacity as magistrate judge. |
Judges |
|
Feb. 10, 2009 | |
|
06-74450
|
Sun v. Mukasey
Fugitive disentitlement doctrine does not apply to dismiss alien's case where her whereabouts were known during pendency of petition. |
Immigration |
|
Feb. 10, 2009 | |
|
07-30183
|
U.S. v. Selby
BPA official who actively participates in internal agency deliberations resulting in sales commissions to husband is guilty of felony conflict of interest. |
Criminal Law and Procedure |
|
Feb. 10, 2009 | |
|
07-55063
|
Martin v. Midwest Express Holdings Inc.
Federal Aviation Act does not preempt airline's indemnity claim stemming from airline passenger's state law claim that airstairs were defective. |
Torts |
|
Feb. 10, 2009 | |
|
C058849
|
Thomas v. Shewry
Plaintiff's writ petition is properly denied where it is barred procedurally and he fails to prove invalidity of prior judgment. |
Administrative Agencies |
|
Feb. 10, 2009 | |
|
B205731
|
Cotton v. Expo Power Systems Inc.
Assessment of fair value under Corporations Code Section 2000 requires valuation of any pending shareholder derivative claims. |
Corporations |
|
Feb. 10, 2009 | |
|
B205337
|
Jamgotchian v. Slender
Triable issue of fact exists as to whether racing steward is entitled to immunity where he prevented removal of horse from race. |
Torts |
|
Feb. 10, 2009 | |
|
A120821
|
R.L., a Minor
Amendment of juvenile petition to allege additional charges does not violate prohibition against multiple prosecutions. |
Juveniles |
|
Feb. 9, 2009 | |
|
A118858
|
J.P., a Minor
Registration as a sex offender is not required where juvenile is convicted of non-forcible oral copulation of minor. |
Juveniles |
|
Feb. 9, 2009 |