| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
H031658
|
County of Santa Clara v. Superior Court (California First Amendment Coalition)
Federal prohibition on disclosure of protected confidential infrastructure information does not apply to basemap submitted by county. |
Government |
|
Feb. 9, 2009 | |
|
B206134
|
Kolter v. Commission on Professional Competence of the Los Angeles Unified School District (Los Angeles Unified School District)
School board was not required to provide teacher with 24-hour written notice prior to closed-session meeting regarding her possible dismissal. |
Education |
|
Feb. 9, 2009 | |
|
06-36072
|
Bray v. Commissioner of Social Security Administration
Administrative law judge errs by failing to make findings on issue of whether applicant for disability benefits possessed transferable skills. |
Administrative Agencies |
|
Feb. 9, 2009 | |
|
06-16520
|
Gaughan v. The Edward Dittlof Revocable Trust (In re Costas)
Arizona disclaimer is not 'transfer of interest of debtor in property' for purposes of avoidance under 11 U.S.C. Section 548. |
Bankruptcy |
|
Feb. 9, 2009 | |
|
C056833
|
Department of Finance v. Commission on State Mandates
State reimbursement is not required where local government participates in a program without legal compulsion. |
Government |
|
Feb. 9, 2009 | |
|
B198309
|
Clark v. Mazgani
Court improperly grants SLAPP motion to strike tenant's complaint based on landlord's violation of rent control laws. |
Civil Procedure |
|
Feb. 9, 2009 | |
|
C058858
|
Dixon v. Superior Court (Neves)
Coroner and autopsy report investigating homicide with definite prospect of criminal law enforcement is exempt from public disclosure. |
Government |
|
Feb. 6, 2009 | |
|
07-1401
|
Suarez v. Barrett (In re Suarez)
Attorney fees and costs are nondischargeable despite lack of compensatory judgment debt when awarded for debtor's willful and malicious conduct. |
Bankruptcy |
|
Feb. 6, 2009 | |
|
F054783
|
J.M., a Minor
Minor is entitled to additional conduct credits for days he was detained in juvenile hall prior to commitment in group home. |
Juveniles |
|
Feb. 6, 2009 | |
|
S110206
|
People v. Jackson
Death sentence is upheld where court allowed prosecutor to ask jurors to put themselves in place of victim's family. |
Criminal Law and Procedure |
|
Feb. 6, 2009 | |
|
06-15719
|
Foster v. Runnels
Corrections officer is not entitled to qualified immunity where prisoner alleged violations of Eighth Amendment for arbitrary denial of meals. |
Prisoners Rights |
|
Feb. 6, 2009 | |
|
07-35478
|
Wilson v. Belleque
Jurisdiction for habeas corpus petition was proper where defendant was deemed "in custody" under 28 U.S.C. Section 2241(c)(3). |
Criminal Law and Procedure |
|
Feb. 6, 2009 | |
|
07-50492
|
U.S. v. Alvarado-Martinez
Court properly relies on rap sheet based on fingerprint matching to calculate defendant's criminal history score. |
Criminal Law and Procedure |
|
Feb. 6, 2009 | |
|
08-30251
|
U.S. v. Romero-Ochoa
Court lacks collateral jurisdiction over appeal challenging its refusal to provide pretrial ruling on defendant's request to strike aggravated felony in indictment. |
Criminal Law and Procedure |
|
Feb. 6, 2009 | |
|
05-55650
|
Nigg v. United States Postal Service
Court must consider whether Postal Service inspectors were entitled to overtime pay under FLSA. |
Labor Law |
|
Feb. 5, 2009 | |
|
06-56831
|
Regal-Beloit Corp. v. Kawasaki Kisen Kaisha Ltd.
Contractual extension of Carriage of Goods by Sea Act to inland rail leg of overseas shipment does not overcome Carmack Amendment. |
Civil Procedure |
|
Feb. 5, 2009 | |
|
06-71445
|
Ramirez-Altamirano v. Mukasey
Expunged state conviction for possession of drug paraphernalia does not qualify as conviction for immigration purposes. |
Immigration |
|
Feb. 5, 2009 | |
|
A120532
|
Eder v. California Dept. of Fish and Game
Statute imposing crab fishing delay on Oregon residents does not violate dormant Commerce Clause. |
Constitutional Law |
|
Feb. 5, 2009 | |
|
C056503
|
Delucchi v. Franchise Tax Board
Plaintiffs who claim benefit of repealed law for proceeds of installment sale received after repeal are not entitled to tax refund. |
Taxation |
|
Feb. 5, 2009 | |
|
B201886
|
People v. Beyah
Although jury may not infer consciousness of guilt due to knowingly false statements in testimony, specific circumstance permits their consideration. |
Criminal Law and Procedure |
|
Feb. 5, 2009 | |
|
C058341
|
People v. Sanders
Waiver is valid where return hearing is not mandatory under Welfare and Institutions Code Section 3053(a). |
Criminal Law and Procedure |
|
Feb. 5, 2009 | |
|
B201220
|
C.R. v. Tenet Healthcare Corp.
Demurrer is improper where judicial notice of joint venture does not conclusively disprove allegations in complaint. |
Civil Procedure |
|
Feb. 5, 2009 | |
|
C058918
|
People v. Bartell
Bank that covers amount of defendant's forged checks is 'direct victim' of criminality meriting restitution order. |
Criminal Law and Procedure |
|
Feb. 5, 2009 | |
|
05-10466
|
U. S. v. Al Nasser
Transporter of illegal aliens not 'stopped' for purposes of Fourth Amendment receives no lighter sentence despite lack of profit from scheme. |
Criminal Law and Procedure |
|
Feb. 5, 2009 | |
|
H032371
|
Tin Tin Corp. v. Pacific Rim Park LLC
Landlord unfairly charges tenants costs of LLC taxes as 'common area operating expenses' where they are unrelated to operation of premises. |
Corporations |
|
Feb. 4, 2009 | |
|
08-1233
|
Brooks-Hamilton v. Smyth (In re Brooks-Hamilton)
Bankruptcy court abuses discretion by imposing suspension sanction against attorney without consideration of ABA standards. |
Bankruptcy |
|
Feb. 4, 2009 | |
|
H033058
|
InSyst Ltd. v. Applied Materials Inc.
Motion to dismiss appeal as untimely is denied where electronic notice did not equate to service of 'triggering documents.' |
Civil Procedure |
|
Feb. 3, 2009 | |
|
G040130
|
Bak v. MCL Financial Group Inc.
Sanctions order is proper where objector subjected himself to jurisdiction of arbitration panel and copied privileged material before returning it to plaintiffs. |
Civil Procedure |
|
Feb. 3, 2009 | |
|
S155425
|
In re Gomez
'Cunningham v. California' applies retroactively to cases in which judgment was not final at time of decision in 'Blakely v. Washington.' |
Criminal Law and Procedure |
|
Feb. 3, 2009 | |
|
07-55833
|
United National Insurance Co. v. Spectrum Worldwide Inc.
'First publication' clause excluding coverage for 'advertising injury' that occurred before policy's effective date applies to copyright infringement claims. |
Insurance |
|
Feb. 3, 2009 |