| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
E044318
|
G.V., a Minor
Imposition of restitution by juvenile court does not conflict with order of community service for same crime. |
Juveniles |
|
Oct. 29, 2008 | |
|
05-75295
|
United Brotherhood of Carpenters and Joiners of America Local 848 v. NLRB
Order |
|
Oct. 29, 2008 | ||
|
06-50169
|
U.S. v. Snellenberger
District courts may rely on minute orders when applying modified categorical approach of 'Taylor v. United States.' |
Criminal Law and Procedure |
|
Oct. 29, 2008 | |
|
G038290
|
Kindrich v. The Long Beach Yacht Club
Primary assumption of risk does not apply where plaintiff voluntarily jumped off of boat onto dock. |
Torts |
|
Oct. 29, 2008 | |
|
G039795
|
Globalist Internet Technologies Inc. v. Reda
Attorney fees are proper where incurred by judgment creditor in defending against separate action to enforce settlement of judgment debt. |
Attorneys |
|
Oct. 29, 2008 | |
|
C057241
|
People v. Sweig
Flawed statute lacks mechanism to confiscate firearm of mentally disordered person detained outside residence. |
Criminal Law and Procedure |
|
Oct. 28, 2008 | |
|
06-15515
|
Thompson v. Paul
Attorneys may be liable under Section 10(b) of Securities Exchange Act of 1934 for statements made to person other than client. |
Corporations |
|
Oct. 28, 2008 | |
|
07-15218
|
Serena v. Mock
Order |
|
Oct. 28, 2008 | ||
|
S146288
|
People v. Concepcion
Escapee is deemed to be voluntarily absent from time of escape until he can reasonably be returned to court. |
Criminal Law and Procedure |
|
Oct. 28, 2008 | |
|
S153964
|
McDonald v. Antelope Valley Community College District
Equitable tolling is not barred where FEHA plaintiff voluntarily pursues internal administrative remedy prior to filing complaint. |
Employment Law |
|
Oct. 28, 2008 | |
|
A121899
|
Citizens for Civic Accountability v. Town of Danville (Homes)
In complex litigation case, statutory 60-day appeal period is not triggered by e-mail from court clerk. |
Civil Procedure |
|
Oct. 28, 2008 | |
|
F053236
|
Galbiso v. Orosi Public Utility District
Plaintiff is entitled to attorney fees as prevailing party under Public Records Act when denied access to all public records. |
Attorneys |
|
Oct. 27, 2008 | |
|
D050387
|
People v. Caesar
Where shooter is convicted of attempted unpremeditated murder, premeditation cannot be found against his aider and abettor. |
Criminal Law and Procedure |
|
Oct. 27, 2008 | |
|
C055413
|
People v. Slattery
Hospital is not entitled to restitution for criminal conduct due to its lack of 'direct victim' status. |
Criminal Law and Procedure |
|
Oct. 27, 2008 | |
|
B195738
|
Bourgi v. West Covina Motors Inc.
Court must let jury consider Vehicle Code's safe harbor provisions in determining car dealer's liability under Consumer Legal Remedies Act. |
Civil Procedure |
|
Oct. 27, 2008 | |
|
05-17347
|
United States v. 14.02 Acres of Land More or Less in Fresno County
'Public use' requirement is met in takings case where easements were sought to construct high-voltage transmission line. |
Constitutional Law |
|
Oct. 27, 2008 | |
|
07-55694
|
General Electric Capital Corp. v. Future Media Productions Inc.
Where loan agreement resulted in default, bankruptcy court must determine on remand whether award of attorney fees is proper. |
Bankruptcy |
|
Oct. 27, 2008 | |
|
06-16145
|
Cachil Dehe Band of Wintun Indians of the Colusa Indian Community v. State of California
Joinder of parties is not required where Indian tribes executed virtually identical compacts as tribe bringing action concerning compact with State. |
Native American Affairs |
|
Oct. 27, 2008 | |
|
06-72887
|
Balam-Chuc v. Mukasey
Petition for adjustment of status by alien married to U.S. citizen is denied where filed after deadline under statute of repose. |
Immigration |
|
Oct. 27, 2008 | |
|
F053661
|
Gray v. County of Madera (Madera Ranch Quarry Inc.)
Grant of conditional use permit is deemed invalid where environmental impact report is not supported by substantial evidence. |
Real Property |
|
Oct. 27, 2008 | |
|
C054891
|
People v. Murray
Aggravated assault is not necessarily included offense of involuntary manslaughter. |
Criminal Law and Procedure |
|
Oct. 27, 2008 | |
|
G039906
|
Sabatasso v. Superior Court (Cate)
Parolee held by local law enforcement for evaluation as sexually violent predator is entitled to $200 release allowance. |
Criminal Law and Procedure |
|
Oct. 24, 2008 | |
|
B201280
|
Monks v. City of Rancho Palos Verdes
Moratorium on construction of homes on landslide area is deemed taking which deprives land of all economically beneficial use. |
Real Property |
|
Oct. 24, 2008 | |
|
S155066
|
Alliance Payment Systems v. Walczer
Order |
|
Oct. 24, 2008 | ||
|
B189272
|
Harper v. 24 Hour Fitness Inc.
Class decertification is improper where based on erroneous legal assumptions. |
Civil Procedure |
|
Oct. 24, 2008 | |
|
F052218
|
People v. Williams
In case involving gang activity conviction, common ideology and similar name are not sufficient to show faction is part of larger gang. |
Criminal Law and Procedure |
|
Oct. 24, 2008 | |
|
C055549
|
People v. Martinez
Defendant had no right to jury trial under 'Cunningham v. California' where factors were used to impose consecutive sentences. |
Criminal Law and Procedure |
|
Oct. 24, 2008 | |
|
G037261
|
Patrick v. Alacer Corp.
Corporation cannot demur to derivative complaint filed on its behalf. |
Corporations |
|
Oct. 24, 2008 | |
|
S162896
|
People v. Bergara
Order |
|
Oct. 24, 2008 | ||
|
S166350
|
Brinker Restaurant v. Superior Court (Hohnbaum)
Order |
|
Oct. 24, 2008 |