| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C056319
|
Ieremia v. Hilmar Unified School District
Incidents of ownership must be shown to demonstrate 'owner' status under Vehicle Code Section 3333.4. |
Torts |
|
Aug. 28, 2008 | |
|
06-35665
|
Shanks v. Dressel
City's failure to enforce provisions of zoning code enacted to preserve historic districts does not violate 14th Amendment’s Due Process Clause. |
Real Property |
|
Aug. 28, 2008 | |
|
05-56118
|
Mendez v. County of San Bernardino
Plaintiff who lost son in police shooting fails to show county was negligent in failing to train officers. |
Civil Rights |
|
Aug. 28, 2008 | |
|
G040245
|
Sheri T. v. Superior Court (Orange County Social Services Agency)
Juvenile court properly sets new permanent plan selection hearing for child placed in long-term foster care. |
Family Law |
|
Aug. 28, 2008 | |
|
06-16471
|
County of Santa Clara v. Astra USA Inc.
Covered entities deemed intended beneficiaries of pharmaceutical pricing agreement may enforce manufacturers' ceiling price obligations. |
Contracts |
|
Aug. 28, 2008 | |
|
D050721
|
People v. Bolton
Trial court errs by permitting defendant to represent himself at trial after relieving counsel due to insufficient conflict of interest. |
Criminal Law and Procedure |
|
Aug. 28, 2008 | |
|
B195416
|
Winfred D. v. Michelin North America Inc.
Evidence of injured plaintiff's illicit affairs should have been excluded in personal injury action against tire manufacturer. |
Civil Procedure |
|
Aug. 28, 2008 | |
|
D050838
|
Gogri v. Jack in the Box Inc.
Plaintiff's voluntary dismissal is timely where filed before trial court's tentative ruling granting summary judgment to defendant. |
Civil Procedure |
|
Aug. 27, 2008 | |
|
E042885
|
People v. Brandon
Mentally disordered offender's contention that trial court erred by allowing her to represent herself became moot when one-year commitment period expired. |
Criminal Law and Procedure |
|
Aug. 27, 2008 | |
|
F052703
|
People v. Garcia
Amended Sexually Violent Predator Act is constitutional. |
Criminal Law and Procedure |
|
Aug. 27, 2008 | |
|
A116078
|
Arntz Builders v. City of Berkeley
Builder who has already complied with contractually mandated claims procedure need not present additional statutory claim before filing lawsuit against city. |
Government |
|
Aug. 27, 2008 | |
|
06-55826
|
Metzler Investment GMBH v. Corinthian Colleges Inc.
In federal securities fraud class action, plaintiff's complaint fails to meet pleading requirements. |
Securities |
|
Aug. 27, 2008 | |
|
07-35241
|
Amaker v. King County
Order |
|
Aug. 27, 2008 | ||
|
06-35176
|
Carver v. Lehman
Order |
|
Aug. 27, 2008 | ||
|
06-56575
|
Wooten v. Kirkland
For purposes of exhaustion, cumulative error claim is neither fairly presented nor sufficiently intertwined with other claims. |
Criminal Law and Procedure |
|
Aug. 27, 2008 | |
|
06-55817
|
Torres v. City of Los Angeles
Material issues of disputed fact as to probable cause require jury to decide whether qualified immunity applies to police officers. |
Criminal Law and Procedure |
|
Aug. 27, 2008 | |
|
07-75041
|
Zhao v. Mukasey
Married couple has well-founded fear of future persecution for continuing spiritual practice banned in China. |
Immigration |
|
Aug. 27, 2008 | |
|
C056727
|
Duncan v. WCAB
Sanctions may not be imposed against Uninsured Employers Benefits Trust Fund for noncompliance with attorney fee award. |
Workers' Compensation |
|
Aug. 27, 2008 | |
|
06-408
|
Opinion of Brown
School district and employees may give preferred status to particular provider of Internal Revenue Code Section 403(b) plans under certain conditions. |
Education |
|
Aug. 27, 2008 | |
|
D051521
|
Esperanza C., a Minor
Juvenile court may review Health and Human Services Agency's denial of criminal records exemption for abuse of discretion. |
Family Law |
|
Aug. 26, 2008 | |
|
G040091
|
Freedman v. Superior Court (Charbonneau)
Plaintiff is barred from asserting punitive damages claim based on medical malpractice where motion for leave to amend is made after deadline. |
Civil Procedure |
|
Aug. 26, 2008 | |
|
D051707
|
Gong v. RFG Oil Inc.
Disqualification motion should be granted where law firm cannot meet its undivided duty of loyalty to both corporation and officer. |
Attorneys |
|
Aug. 26, 2008 | |
|
B196321
|
Chinn v. KMR Property Management
Settlement proceeds from defendant in exchange for dismissal is not 'net monetary recovery' for purposes of Code of Civil Procedure Section 998. |
Civil Procedure |
|
Aug. 26, 2008 | |
|
B203793
|
People v. Bergen
Defendant who uses butane to manufacture concentrated cannabis is properly charged under Health and Safety Code Section 11379.6(a). |
Criminal Law and Procedure |
|
Aug. 26, 2008 | |
|
G038314
|
Mark v. Spencer
Failure to disclose fee-splitting agreement to court prior to approval of class action settlement bars future enforcement of agreement. |
Civil Procedure |
|
Aug. 26, 2008 | |
|
C055215
|
Ricky S., a Minor
Juvenile court's competency finding based on minor's ability to understand proceedings 'over time' must be reversed. |
Juveniles |
|
Aug. 26, 2008 | |
|
S147767
|
Cable Connection Inc. v. Directv Inc.
California Arbitration Act allows for alteration of scope of judicial review for arbitration decisions if incorporated in express agreement. |
Business Law |
|
Aug. 26, 2008 | |
|
S070839
|
People v. Carasi
Joint trial is proper for co-defendants who planned and executed Mother's Day murders together. |
Criminal Law and Procedure |
|
Aug. 26, 2008 | |
|
06-74372
|
Dzyuba v. Mukasey
Removal case is remanded for Board of Immigration Appeals to determine whether pre-independent Ukraine qualifies as 'country.' |
Immigration |
|
Aug. 26, 2008 | |
|
05-75295
|
United Brotherhood of Carpenters and Joiners of America Local 848 v. NLRB
National Labor Relations Board errs in finding mall signage ban to be reasonable time, place, or manner restriction. |
Constitutional Law |
|
Aug. 26, 2008 |