| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
F053700
|
Agri-Systems Inc. v. Foster Poultry Farms
Arbitrator is not required to disclose representation of third party where reasonable person would not doubt arbitrator’s impartiality. |
Civil Procedure |
|
Dec. 3, 2008 | |
|
B207188
|
Burke v. California Coastal Commission
California Coastal Commission has no jurisdiction to require permit for fence that sets boundary between public and private land. |
Real Property |
|
Dec. 3, 2008 | |
|
G038537
|
Ekstrom v. Marquesa at Monarch Beach Homeowners Association
'Judicial deference rule' does not apply where community association board's decision was outside of its scope of authority. |
Real Property |
|
Dec. 3, 2008 | |
|
07-544
|
Hedgpeth v. Pulido
Harmless error review deemed more appropriate where Court of Appeals made finding of structural error. |
Criminal Law and Procedure |
|
Dec. 3, 2008 | |
|
A118033
|
People v. Madrid
Although community caretaking exception could apply to vehicle stops, detention is not justified where officer believed passenger was ill. |
Criminal Law and Procedure |
|
Dec. 2, 2008 | |
|
A117659
|
People v. Morales
Conviction of shooting at inhabited dwelling cannot stand where shots were fired into house from inside attached garage. |
Criminal Law and Procedure |
|
Dec. 2, 2008 | |
|
A118939
|
People v. Hughston
Warrantless search of vehicle located within tent structure violates Fourth Amendment. |
Criminal Law and Procedure |
|
Dec. 2, 2008 | |
|
08-267
|
U.S. v.Denedo
Order |
|
Dec. 2, 2008 | ||
|
08-681
|
Nken v. Mukasey
Order |
|
Dec. 2, 2008 | ||
|
07-615
|
Ministry of Defense of Iran v. Elahi
Order |
|
Dec. 2, 2008 | ||
|
07-35231
|
McClung v. City of Sumner
City ordinance mandating 12-inch storm drain pipes does not amount to unconstitutional taking. |
Constitutional Law |
|
Dec. 2, 2008 | |
|
06-72956
|
Aguilera-Montero v. Mukasey
State pardon does not entitle inadmissible alien--convicted of crime related to controlled substance--to waiver of deportability. |
Immigration |
|
Dec. 2, 2008 | |
|
06-17135
|
Dietrich v. John Ascuaga's Nugget
Group's exclusion from public sidewalk for petition signature-gathering violates First Amendment. |
Constitutional Law |
|
Dec. 2, 2008 | |
|
07-50462
|
U.S. v. Murillo
Order |
|
Dec. 2, 2008 | ||
|
B201672
|
People v. Rubin
Sale of marijuana by minister is not protected by Religious Freedom Restoration Act. |
Criminal Law and Procedure |
|
Dec. 2, 2008 | |
|
06-16899
|
Glazer Capital Management v. Magistri
Theory of ‘collective scienter’ does not apply to show company is responsible for statements made in merger agreement. |
Corporations |
|
Dec. 1, 2008 | |
|
07-30339
|
U.S. v. Weyhrauch
Federal honest services mail fraud prosecution does not require proof of simultaneous violation of state law. |
Criminal Law and Procedure |
|
Dec. 1, 2008 | |
|
A114910
|
People v. Rodriguez
Trial court properly declines to instruct jury as matter of law that codefendants in murder case were accomplices. |
Criminal Law and Procedure |
|
Dec. 1, 2008 | |
|
A120225
|
Schaffer v. City and County of San Francisco
Grant of anti-SLAPP motion to strike is proper where statements were made in connection to issues considered by district attorney. |
Civil Procedure |
|
Dec. 1, 2008 | |
|
H031451
|
Paiva v. Nichols
Motions to strike are improperly denied where defendants were granted preliminary injunction in their prior suit for trespass. |
Civil Procedure |
|
Dec. 1, 2008 | |
|
H032012
|
Wade v. Schrader
Application of settlement credit is not modification of arbitration award. |
Civil Procedure |
|
Dec. 1, 2008 | |
|
G037818
|
Sarti v. Salt Creek Ltd.
JNOV in favor of restaurant in food poisoning case is reversed where reasonable jury could infer cross-contamination. |
Torts |
|
Nov. 28, 2008 | |
|
07-30198
|
U.S. v. Blixt
Employee who forges manager's signature on checks for personal gain is guilty of aggravated identity theft. |
Criminal Law and Procedure |
|
Nov. 28, 2008 | |
|
B202422
|
People v. Kimbell
Where verdict is incomplete without trial on priors, court has power to reconvene jury that never left jury box. |
Criminal Law and Procedure |
|
Nov. 28, 2008 | |
|
A121142
|
In re Cannon
Regulation requiring prisons to serve two hot meals per day is satisfied where food is served as soon as possible after heating. |
Prisoners Rights |
|
Nov. 28, 2008 | |
|
H030806
|
Vondjidis v. Hewlett Packard Corp.
Summary judgment is improperly granted to employer who transfered former employee's unclaimed shares to state. |
Civil Procedure |
|
Nov. 28, 2008 | |
|
B196258
|
Brown v. Wells Fargo Bank NA
Trial court's failure to adjudicate plaintiffs' constructive fraud defense to motion to compel arbitration is improper. |
Contracts |
|
Nov. 28, 2008 | |
|
A117071
|
Turner v. Association of American Medical Colleges
California's Unruh Civil Rights Act does not require testing accommodations for learning and reading-related disabilities. |
Civil Rights |
|
Nov. 28, 2008 | |
|
F052418
|
People v. Morelos
Possession of multiple blank checks is deemed single act of forgery, resulting in reversal of sentences for all but one count. |
Criminal Law and Procedure |
|
Nov. 26, 2008 | |
|
A119437
|
Spencer v. Marshall
Sale of home involving equity purchaser is subject to protections of Home Equity Sales Contract Act. |
Real Property |
|
Nov. 26, 2008 |