| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
07-30251
|
U.S. v. Fiander
Tribal member who may not be prosecuted for contraband cigarette trafficking can still be guilty of RICO conspiracy. |
Criminal Law and Procedure |
|
Oct. 24, 2008 | |
|
05-50236
|
U.S. v. Seljan
Border search is justified where customs officials opened packages in course of authorized outbound currency operation. |
Criminal Law and Procedure |
|
Oct. 24, 2008 | |
|
G038119
|
Satchmed Plaza Owners Association v. UWMC Hospital Corp.
Attempt to sever judgment is dismissed against party who appealed judgment after accepting its benefits. |
Real Property |
|
Oct. 24, 2008 | |
|
F053397
|
N.D., a Minor
Statutory amendments are not retroactively applied where they do not mitigate punishment. |
Juveniles |
|
Oct. 23, 2008 | |
|
A120182
|
People v. Bartsch
Denial of petition for restoration to sanity is upheld where defendant cannot prove full recovery from amphetamine-induced psychotic disorder. |
Criminal Law and Procedure |
|
Oct. 23, 2008 | |
|
G037836
|
D'Amato v. Superior Court (People)
Separation of powers doctrine bars criminal prosecution of public official for aiding and abetting where official has no personal financial interest in contract. |
Government |
|
Oct. 23, 2008 | |
|
A119061
|
Defend Bayview Hunters Point Committee v. City and County of San Francisco
Referendum petition is rejected where redevelopment plan incorporated by reference in ordinance was not attached to or included in petition. |
Government |
|
Oct. 23, 2008 | |
|
05-16613
|
Merrifield v. Lockyer
Pest control licensing requirement exemption that is based upon type of pest controlled is unconstitutional. |
Constitutional Law |
|
Oct. 23, 2008 | |
|
07-15040
|
Granite Rock Company v. International Brotherhood of Teamsters
Parties to collective bargaining agreement must arbitrate on contract formation issue where no independent challenge to arbitration clause occurred. |
Labor Law |
|
Oct. 23, 2008 | |
|
07-35186
|
Alaska Independence Party v. State of Alaska
Order |
|
Oct. 23, 2008 | ||
|
H030999
|
Mangano v. Verity Inc.
Defendant is denied postoffer attorney fees where plaintiff's FEHA action is not without any legal or factual foundation. |
Civil Procedure |
|
Oct. 23, 2008 | |
|
C056534
|
El Dorado County Dept. of Child Support Services v. Nutt
Court may reserve jurisdiction on amount of child support owed by incarcerated father who is unlikely to be released or earn income. |
Family Law |
|
Oct. 23, 2008 | |
|
G038845
|
Williamson v. Mazda Motor of America Inc.
Federal Motor Vehicle Safety Standard preempts claim alleging liability for failure to install lap/shoulder seatbelt in vehicle’s middle seating position. |
Torts |
|
Oct. 23, 2008 | |
|
A120206
|
Fonseca v. Fong (San Francisco Police Dept.)
Notification requirement concerning suspected illegal aliens arrested for certain enumerated drug offenses is not preempted by federal immigration law. |
Immigration |
|
Oct. 23, 2008 | |
|
E042695
|
S.J., a Minor
Court properly declines to modify visitation order of mother who fails to show change of circumstances and change promoting children's best interests. |
Family Law |
|
Oct. 23, 2008 | |
|
S033360
|
People v. Wallace
Sufficient evidence exists to support defendant's convictions for attempted rape and robbery of 83-year-old widow. |
Criminal Law and Procedure |
|
Oct. 23, 2008 | |
|
B196583
|
Widders v. Furchtenicht
Voter initiatives without actual legislation attached for adoption or rejection are deemed facially unconstitutional. |
Government |
|
Oct. 22, 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. 22, 2008 | |
|
07-50430
|
U.S. v. McTiernan
Defendant may withdraw guilty plea where he was unaware of availability of motion to suppress evidence. |
Criminal Law and Procedure |
|
Oct. 22, 2008 | |
|
B201517
|
Mt. Holyoke Homes v. California Coastal Commission (Schelbert)
In property development case, plaintiff is required to timely contest California Coastal Commission's jurisdiction. |
Real Property |
|
Oct. 22, 2008 | |
|
D051120
|
New v. Kroeger
Members who resign from Episcopal Church are no longer lawful directors and lack authority to amend parish bylaws or articles of incorporation. |
Corporations |
|
Oct. 22, 2008 | |
|
B191514
|
Alcala v. Vazmar Corp.
Instruction on negligence per se is not required where reinstalled tires are not covered by statute designed to prevent use of unsafe tires. |
Torts |
|
Oct. 21, 2008 | |
|
B202276
|
People v. Nunez
15 percent limit on presentence credit applies to each offense of defendant's entire prison term even if only one offense was violent. |
Criminal Law and Procedure |
|
Oct. 21, 2008 | |
|
08-5385
|
Walker v. Georgia
Order |
|
Oct. 21, 2008 | ||
|
08-5385
|
Walker v. Georgia
Order |
|
Oct. 21, 2008 | ||
|
08-108
|
Flores-Figueroa v. United States
Order |
|
Oct. 21, 2008 | ||
|
07-1559
|
M. M. v. Special School District No. 1
Order |
|
Oct. 21, 2008 | ||
|
05-75850
|
Estrada-Espinoza v. Mukasey
Convictions under California statutory rape provisions do not categorically constitute 'sexual abuse of minor.' |
Immigration |
|
Oct. 21, 2008 | |
|
07-10288
|
U.S. v. Schales
Double Jeopardy Clause violation occurs where possession of sexually explicit material involving minors is lesser-included offense of receipt of same material. |
Criminal Law and Procedure |
|
Oct. 21, 2008 | |
|
07-35974
|
Porter v. Osborn
Culpability of state trooper who shoots suspect during roadside investigation must be measured under more stringent 'purpose to harm' standard. |
Civil Rights |
|
Oct. 21, 2008 |