| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
H029296
|
Hollister v. Monterey Insurance Co.
Amended judgment may be modified to reflect trial court's intentions and avoid mootness. |
Insurance |
|
Jul. 31, 2008 | |
|
B200559
|
Matthew A., a Minor
Minor whose mother returned items taken from neighbor's apartment is guilty of burglary. |
Juveniles |
|
Jul. 31, 2008 | |
|
05-35648
|
Phillips v. E.I. DuPont de Nemours & Co.
Plutonium producers who helped make atomic bomb are not entitled to immunity under government contractor defense for liability arising from radioiodine exposure. |
Torts |
|
Jul. 31, 2008 | |
|
06-16726
|
Twardowski v. American Airlines Inc.
Plaintiffs' claims under Article 17 of Warsaw Convention fail where they allege failure to warn of in-flight deep vein thrombosis. |
Torts |
|
Jul. 31, 2008 | |
|
06-55510
|
Klein v. United States
Order |
|
Jul. 31, 2008 | ||
|
S143689
|
Ebbetts Pass Forest Watch v. California Dept. of Forestry and Fire Protection (Sierra Pacific Industries)
California Dept. of Forestry and Fire Protection does not violate technical rule in approving selection of biological cumulative-impacts assessment areas. |
Environmental Law |
|
Jul. 31, 2008 | |
|
A116712
|
Golden Gate Water Ski Club v. County of Contra Costa
Water ski club is not entitled to equitable estoppel defense and has no protectable property right in its development on island. |
Real Property |
|
Jul. 30, 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 |
|
Jul. 30, 2008 | |
|
C054060
|
County of Sacramento v. AFSCME Local 146
Public Employment Relations Board has exclusive jurisdiction over strike activity arising under Meyer-Milias-Brown Act. |
Labor Law |
|
Jul. 30, 2008 | |
|
B186285
|
People v. Reyes
Defendant is entitled to pretrial custody conduct credits where murder occurred before Penal Code Section 2933.2's effective date. |
Criminal Law and Procedure |
|
Jul. 30, 2008 | |
|
B203270
|
People v. Del Rio
Prior juvenile adjudication may be used as strike to enhance sentence despite absence of jury trial in delinquency proceedings. |
Criminal Law and Procedure |
|
Jul. 30, 2008 | |
|
07-56261
|
Casas-Castrillon v. Dept. of Homeland Security
Government may not detain alien for seven years without providing him adequate opportunity to contest detention before neutral decision maker. |
Immigration |
|
Jul. 30, 2008 | |
|
04-15713
|
Moore v. Czerniak
Counsel's performance falls below objective standard of reasonableness where he fails to move to suppress client's involuntary confession. |
Criminal Law and Procedure |
|
Jul. 30, 2008 | |
|
A116728
|
Koponen v. Pacific Gas & Electric Co.
Court has jurisdiction to adjudicate claims regarding public utility's licensing rights in easements burdening plaintiffs' property. |
Administrative Agencies |
|
Jul. 30, 2008 | |
|
07-35389
|
U.S. v. Lopez
Defendant's second habeas corpus motion is denied where new evidence of informant's unreliability is not sufficient to establish that defendant was not guilty. |
Criminal Law and Procedure |
|
Jul. 30, 2008 | |
|
07-70600
|
Kadillak v. Commissioner of Internal Revenue
Tax court's judgment for Commissioner of Internal Revenue is affirmed where petitioner could not claim any deduction from forfeiture of nonvested shares. |
Taxation |
|
Jul. 30, 2008 | |
|
06-16038
|
Parra v. Bashas' Inc.
Court erroneously finds lack of commonality in original class definition where plaintiffs allege pay discrimination. |
Civil Procedure |
|
Jul. 30, 2008 | |
|
04-74576
|
Gonzalez v. Mukasey
Petitioner did not assist in alien smuggling where she merely acquiesced in father's use of U.S. birth certificate to smuggle undocumented infant. |
Immigration |
|
Jul. 30, 2008 | |
|
G039713
|
A.M., a Minor
Father's request for self-representation is properly denied where court could anticipate significant delay in juvenile dependency proceeding. |
Family Law |
|
Jul. 30, 2008 | |
|
A118823
|
Grenall v. United of Omaha Life Insurance Co.
Estate cannot rescind annuity based on mistake of fact where decedent was unaware of terminal illness at time of contract. |
Contracts |
|
Jul. 29, 2008 | |
|
H031714
|
Los Altos Golf and Country Club v. County of Santa Clara
Payment 'under protest' is necessary before pursuing claim to refund fees paid for city's sewer service. |
Government |
|
Jul. 29, 2008 | |
|
A116798
|
Clayworth v. Pfizer Inc.
Pharmacies who 'pass-on' claimed overcharges to customers are not injured by price-fixing. |
Antitrust |
|
Jul. 29, 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 |
|
Jul. 29, 2008 | |
|
A115861
|
People v. Wilen
Although court erred in denying defendant's demand for jury trial pursuant to Health and Safety Code Section 11470.2, error was not prejudicial. |
Criminal Law and Procedure |
|
Jul. 29, 2008 | |
|
05-36061
|
West Linn Corporate Park v. City of West Linn
Order |
|
Jul. 29, 2008 | ||
|
06-55280
|
Johnson v. Riverside Healthcare System
Physician who alleges he was subjected to hostile work environment because of race states claim under 42 U.S.C. Section 1981. |
Employment Law |
|
Jul. 29, 2008 | |
|
06-15021
|
Moreno v. City of Sacramento
District court abuses discretion in reducing attorney fee award in civil rights case. |
Civil Procedure |
|
Jul. 29, 2008 | |
|
S148949
|
People v. Allen
In sexually violent predator proceeding, court's error in disallowing defendant's testimony is harmless. |
Criminal Law and Procedure |
|
Jul. 29, 2008 | |
|
S045060
|
People v. Loker
Death sentence is not disproportionate punishment for defendant who shoots four people in adult book store during crime spree. |
Criminal Law and Procedure |
|
Jul. 29, 2008 | |
|
S089623
|
People v. Wilson
In death penalty case, judgment of guilt is affirmed, but penalty phase judgment is reversed where juror was improperly discharged. |
Criminal Law and Procedure |
|
Jul. 29, 2008 |