| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
A121204
|
Mt. Diablo Unified School District v. WCAB
WCAB's decision is annulled where Education Code Section 44043 payments are deemed, in part, to be temporary disability benefits. |
Workers' Compensation |
|
Aug. 12, 2008 | |
|
F052703
|
People v. Garcia
Amended Sexually Violent Predator Act is constitutional. |
Criminal Law and Procedure |
|
Aug. 12, 2008 | |
|
E043466
|
People v. Puente
Defendant's due process challenge based on failure to notify of waiver violation is dismissed where he did not obtain certificate of probable cause. |
Criminal Law and Procedure |
|
Aug. 12, 2008 | |
|
07-50402
|
U.S. v. Goddard
Special condition is reasonable if construed to allow person convicted of possessing child pornography to install routine software updates without prior approval. |
Criminal Law and Procedure |
|
Aug. 12, 2008 | |
|
06-16185
|
Hartman v. Gilead Sciences Inc.
Investors sufficiently allege loss causation where FDA's warning letter causes drug company's publicly traded securities to drop in price . |
Securities |
|
Aug. 12, 2008 | |
|
06-99006
|
King v. Schriro
Habeas petitioner's case is not prejudiced where prosecutor implied witness' life had been threatened to keep her from testifying. |
Criminal Law and Procedure |
|
Aug. 12, 2008 | |
|
06-35886
|
United States v. Park
Summary judgment is premature where scenic easement permitting 'livestock farming' is too ambiguous to exclude dogs. |
Real Property |
|
Aug. 12, 2008 | |
|
07-10263
|
U.S. v. Ramirez
Defendant's right to fair trial is not violated in case where prosecutor compelled him to call witnesses liars. |
Criminal Law and Procedure |
|
Aug. 12, 2008 | |
|
S018637
|
People v. Hovarter
Evidence of defendant's rape, kidnapping, and attempted murder of another teenage girl are properly admitted to prove identity in charged crime. |
Criminal Law and Procedure |
|
Aug. 12, 2008 | |
|
A118244
|
Zack's Inc. v. City of Sausalito
City-mandated leasehold is not immune from general street closure statutes. |
Real Property |
|
Aug. 12, 2008 | |
|
C059606
|
Jansson v. Superior Court of Sacramento County (Bowen)
Order |
|
Aug. 12, 2008 | ||
|
06-55957
|
Jankey v. Poop Deck
Attorney fees are not unjust under Americans with Disabilities Act where plaintiff’s counsel fails to provide prelitigation notice and unreasonably prolongs suit. |
Attorneys |
|
Aug. 12, 2008 | |
|
06-15165
|
SEC v. M&A West Inc.
Defendant violates Section 5 of Securities Act of 1933 where he participates in reverse mergers and sells unregistered shares to public. |
Securities |
|
Aug. 12, 2008 | |
|
07-30334
|
U.S. v. Tankersley
Upward departure is reasonable when based on effort to achieve sentencing parity between defendants who engaged in similar terrorist conduct. |
Criminal Law and Procedure |
|
Aug. 12, 2008 | |
|
C054808
|
Claudino v. Pereira
Plat is not controlling in case where field notes and extrinsic evidence are used to determine boundary line. |
Real Property |
|
Aug. 12, 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. 11, 2008 | |
|
G038851
|
People v. Becerra
Perjured grand jury testimony must be prejudicial at trial to sustain post-trial challenge to indictment. |
Criminal Law and Procedure |
|
Aug. 11, 2008 | |
|
B192878
|
Jonathan L. v. Superior Court (Los Angeles County Dept. of Children and Family Services)
Statutory permission to home school may constitutionally be overridden in order to ensure safety of dependent child. |
Family Law |
|
Aug. 11, 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 |
|
Aug. 11, 2008 | |
|
08-15714
|
Preminger v. Peake
Regulation denying entry of democratic party affiliates for purpose of registering veterans to vote does not violate First Amendment. |
Constitutional Law |
|
Aug. 11, 2008 | |
|
06-56468
|
Miller v. California Speedway Corp.
DOJ regulation requires that wheelchair areas provide comparable lines of sight over standing spectators. |
Civil Rights |
|
Aug. 11, 2008 | |
|
06-70868
|
Lopez-Rodriguez v. Mukasey
Where INS agents perform search in egregious violation of Fourth Amendment, evidence of alienage obtained after violation must be suppressed. |
Immigration |
|
Aug. 11, 2008 | |
|
D050536
|
People v. Renteria
California has territorial jurisdiction to convict driver of stolen van who evaded peace officer on federal enclave. |
Criminal Law and Procedure |
|
Aug. 11, 2008 | |
|
06-56193
|
Center for Biological Diversity v. Marina Point Development Co.
Court lacks jurisdiction in Clean Water Act citizen suit due to defective 60-day notice and simultaneous government action. |
Environmental Law |
|
Aug. 8, 2008 | |
|
B195416
|
Winfred D. v. Michelin North American Inc.
Evidence of injured plaintiff's illicit affairs should have been excluded in personal injury action against tire manufacturer. |
Civil Procedure |
|
Aug. 8, 2008 | |
|
06-36027
|
Peck v. Cingular Wireless
State claim regarding imposition of business tax line item charge is not preempted by Federal Communications Act. |
Business Law |
|
Aug. 8, 2008 | |
|
06-15928
|
Lockerby v. Sierra
In Chapter 7 bankruptcy case, tortious conduct is required to except intentional breach of contract from discharge. |
Bankruptcy |
|
Aug. 8, 2008 | |
|
06-16665
|
Lukovsky v. City and County of San Francisco
Discrimination claims alleging preferential hiring are barred by statute of limitations where accrual occurred when plaintiffs became aware of injury. |
Civil Rights |
|
Aug. 8, 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 |
|
Aug. 8, 2008 | |
|
S148712
|
Barsamyan v. Superior Court (People)
Counsel's consent to continuance in one case to accommodate another trial initiates 10-day grace period for purposes of speedy trial statute. |
Criminal Law and Procedure |
|
Aug. 8, 2008 |