| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S152563
|
People v. Marroquin
Order |
|
Sep. 3, 2008 | ||
|
S154280
|
People v. Macklin
Order |
|
Sep. 3, 2008 | ||
|
S156127
|
People v. Macias
Order |
|
Sep. 3, 2008 | ||
|
B201176
|
Action Apartment Association v. City of Santa Monica
'Nollan/Dollan' test in exaction cases does not apply to facial challenge to ordinance requiring developers to construct affordable housing. |
Real Property |
|
Sep. 2, 2008 | |
|
B203662
|
Antonio B., a Minor
Police lack probable cause to handcuff and search minor after arresting his friend for smoking marijuana. |
Juveniles |
|
Sep. 2, 2008 | |
|
A119733
|
Salinas v. Martin
Property owner owed duty of care to contractor's employee to remove dangerous dogs from his property. |
Torts |
|
Sep. 2, 2008 | |
|
B196603
|
Avila v. Continental Airlines Inc.
In California Family Rights Act case, plaintiff's submission of medical excuse forms to employer could constitute request for leave. |
Employment Law |
|
Sep. 2, 2008 | |
|
05-50979
|
U.S. v. Becerril-Lopez
In illegal re-entry case, 16-level sentence enhancement is applied to defendant whose prior robbery conviction qualifies as 'crime of violence.' |
Criminal Law and Procedure |
|
Sep. 2, 2008 | |
|
07-50242
|
U.S. v. Daniels
Lifetime term of supervised release does not restrict First Amendment rights of defendant who possessed child pornography. |
Criminal Law and Procedure |
|
Sep. 2, 2008 | |
|
A115570
|
City of Cloverdale v. Dept. of Transportation
Title to drainage channel is effectively relinquished to City where relinquishment statute includes disputed property and authorization is received. |
Real Property |
|
Sep. 2, 2008 | |
|
S159336
|
People v. Conerly
Order |
|
Sep. 2, 2008 | ||
|
S162743
|
People v. Abercrombie
Order |
|
Sep. 2, 2008 | ||
|
S164796
|
People v. Soria
Order |
|
Sep. 2, 2008 | ||
|
G040284
|
David L. v. Superior Court (Orange County Social Services Agency)
Modification petition is not required when juvenile court sets new hearing to determine whether permanency of adoption is proper. |
Juveniles |
|
Aug. 29, 2008 | |
|
06-56562
|
Nationwide Life Insurance Co. v. Richards
Where wife seeks murdered husband's life insurance proceeds, court properly draws adverse inference from her assertion of Fifth Amendment privilege. |
Civil Procedure |
|
Aug. 29, 2008 | |
|
06-35021
|
U.S. v. Gamba
Defense counsel can make tactical decision to waive defendant's right to have Article III judge conduct closing argument without defendant's consent. |
Criminal Law and Procedure |
|
Aug. 29, 2008 | |
|
C053428
|
Barba v. Perez
Code of Civil Procedure Section 998 offer of settlement is deemed reasonable where offeror ultimately receives judgment exceeding offer. |
Civil Procedure |
|
Aug. 29, 2008 | |
|
S066527
|
People v. Lindberg
Expert witness testimony as to White supremacists' hatred of Jews is admissible to prove racial motivation behind murder of Vietnamese person. |
Criminal Law and Procedure |
|
Aug. 29, 2008 | |
|
S139791
|
People v. Cross
Pregnancy without medical complications resulting from sexual intercourse with minor stepdaughter is sufficient to support finding of great bodily injury. |
Criminal Law and Procedure |
|
Aug. 29, 2008 | |
|
E042772
|
City of Corona v. Naulls
Medical marijuana dispensary is deemed nuisance per se due to failure to comply with city's various procedural requirements. |
Government |
|
Aug. 29, 2008 | |
|
B198805
|
People v. Pearson
Defendant who conceals victim-witness and obtains partial acquittal is estopped from seeking refuge under jeopardy umbrella. |
Criminal Law and Procedure |
|
Aug. 29, 2008 | |
|
04-10090
|
Conner v. State Bar
State Bar Court recommends disbarment where attorney intended to permanently convert entrusted funds and displayed lack of candor to State Bar. |
Attorneys |
|
Aug. 29, 2008 | |
|
H029296
|
Hollister v. Monterey Insurance Co.
Amended judgment may be modified to reflect trial court's intentions and avoid mootness. |
Insurance |
|
Aug. 29, 2008 | |
|
G039223
|
Estate of Clementi
Decedent who was not California resident when instrument was executed may make donative transfer to drafter of will. |
Probate and Trusts |
|
Aug. 29, 2008 | |
|
S018814
|
People v. Salcido
Defendant convicted of six counts of murder may not challenge validity of his seizure in Mexico. |
Criminal Law and Procedure |
|
Aug. 29, 2008 | |
|
B201326
|
Estate of Heath
Decedent's niece may not be appointed administrator of estate by virtue of assignment of interest by her beneficiary mother residing in Germany. |
Probate and Trusts |
|
Aug. 29, 2008 | |
|
A119162
|
People v. Morris
Certified rap sheet is nontestimonial evidence and deemed public record exception to hearsay rule. |
Criminal Law and Procedure |
|
Aug. 29, 2008 | |
|
G038644
|
Marriage of Bardzik
Parent seeking to modify child support order bears burden of proving other parent's ability and opportunity to earn imputed income. |
Family Law |
|
Aug. 28, 2008 | |
|
07-73979
|
Local Joint Executive Board of Las Vegas v. NLRB
Union dues-checkoff provision falls within 'Katz' unilateral change doctrine, requiring waiver. |
Contracts |
|
Aug. 28, 2008 | |
|
A116389
|
Kreutzer v. City and County of San Francisco
Physician classified as exempt from civil service is not entitled to civil service protections following release, even if duties apparently negate exemption. |
Government |
|
Aug. 28, 2008 |