| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
06-55544
|
Donell v. Kowell
Innocent investor in Ponzi scheme is required to disgorge profits as fraudulent transfers pursuant to Uniform Fraudulent Transfer Act. |
Securities |
|
Jul. 2, 2008 | |
|
04-74313
|
Kawashima v. Mukasey
Immigrants are not removable where crimes they are convicted of do not contain monetary loss element required to show aggravated felony. |
Immigration |
|
Jul. 2, 2008 | |
|
04-56721
|
Pesnell v. Arsenault
Constitutional claims are not necessarily foreclosed by statutory bar of Federal Tort Claims Act. |
Torts |
|
Jul. 2, 2008 | |
|
05-17334
|
Mangano v. United States
Civil Service Reform Act preempts claims brought under Federal Tort Claims Act even where plaintiff is part-time Veteran's Administration physician. |
Torts |
|
Jul. 2, 2008 | |
|
05-56214
|
Hearns v. San Bernardino Police Dept.
Plaintiff's complaints alleging race-based discrimination do not warrant dismissal under Federal Rule of Civil Procedure 8. |
Civil Procedure |
|
Jul. 2, 2008 | |
|
D048743
|
County of San Diego v. State of California
Writ of mandate against State is vacated where order directing Legislature to appropriate funds violates separation of powers doctrine. |
Government |
|
Jul. 2, 2008 | |
|
B200479
|
Espericuenta v. Shewry
There is no basis for striking or extinguishing Medi-Cal lien where there has already been judicial allocation for medical expenses. |
Juveniles |
|
Jul. 2, 2008 | |
|
07-206
|
Opinion of Brown
Where petition for incorporation sets forth boundaries of proposed incorporation, Local Agency Formation Commissions are authorized to enlarge those boundaries. |
Government |
|
Jul. 1, 2008 | |
|
C052649
|
People v. Mitchell
Failure to object to instructional error forfeits objection on appeal unless defendant's substantial rights are affected. |
Criminal Law and Procedure |
|
Jul. 1, 2008 | |
|
B185999
|
Sanders v. Lawson
Trial court improperly awarded trustee fees for his services where fees are not authorized under Elder Abuse Act. |
Civil Procedure |
|
Jul. 1, 2008 | |
|
B191484
|
Schwartz v. Lawson
Court has authority to suspend trustee's powers for perceived breaches pursuant to petition to settle account under Probate Code Section 17200. |
Probate and Trusts |
|
Jul. 1, 2008 | |
|
06-55561
|
Securities and Exchange Commission v. Talbot
Board member has duty to keep information confidential and breaches duty by trading. |
Corporations |
|
Jul. 1, 2008 | |
|
07-10238
|
U.S. v. Harrell
When property in question is no longer needed for evidentiary purposes, property owner has presumptive rights to its return. |
Criminal Law and Procedure |
|
Jul. 1, 2008 | |
|
07-30274
|
U.S. v. Mayer
Motion to suppress is properly denied where officers had probable cause to believe defendant lived at residence they searched. |
Criminal Law and Procedure |
|
Jul. 1, 2008 | |
|
07-30219
|
U.S. v. Davis
Seizure effected by law enforcement while executing valid search warrant is constitutional. |
Criminal Law and Procedure |
|
Jul. 1, 2008 | |
|
C053512
|
Dickson v. Rehmke
Where party is dissatisfied with valuation process pursuant to motion to avoid dissolution, alternative decree is relevant action to be appealed. |
Corporations |
|
Jul. 1, 2008 | |
|
S056997
|
People v. Whisenhunt
Sufficient evidence of deliberation exists to uphold death sentence for first degree murder involving infliction of torture on infant. |
Criminal Law and Procedure |
|
Jul. 1, 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 |
|
Jul. 1, 2008 | |
|
B198572
|
People v. Wycoff
In 'Pitchess' motion case, custodian of records who did not produce entire file for review must establish what documents were included in file. |
Criminal Law and Procedure |
|
Jul. 1, 2008 | |
|
05-16177
|
Central Valley AG Enterprises v. United States
District court is granted subject matter jurisdiction to review tax treatment where partnership items were never contested before Tax Court. |
Bankruptcy |
|
Jun. 30, 2008 | |
|
B202768
|
State Farm Fire and Casualty Co. v. Superior Court (Wright)
Insurance company owes duty to defend insuree who did not intend to inflict injuries suffered by plaintiff. |
Insurance |
|
Jun. 30, 2008 | |
|
B202773
|
Absher v. Autozone Inc.
Statute preventing merchants from requesting personal information from customers using credit cards cannot apply to refunds on merchandise purchased by credit cards. |
Business Law |
|
Jun. 30, 2008 | |
|
D052202
|
S.B., a Minor
Court errs in refusing to apply exception to termination of parental rights to father who has continuing beneficial relationship with dependent daughter. |
Family Law |
|
Jun. 30, 2008 | |
|
C054129
|
People v. Davis
Peremptory challenges that excused African-American jurors are allowed where potential juror was not punctual and other excusal was due to ‘hunch.’ |
Criminal Law and Procedure |
|
Jun. 30, 2008 | |
|
A117860
|
People v. Boyle
Amended Sexually Violent Predator Act does not violate ex post facto provisions of federal and state Constitutions. |
Criminal Law and Procedure |
|
Jun. 30, 2008 | |
|
A115177
|
Murphy v. Murphy
Where issues of fraud and undue influence are adjudicated by substituted judgment, action raising identical issues is barred by collateral estoppel. |
Probate and Trusts |
|
Jun. 30, 2008 | |
|
06-1454
|
Sempra Generation v. Public Utilities Comm.
Order |
|
Jun. 30, 2008 | ||
|
07-984
|
Coeur Alaska Inc. v. Southeast Alaska Conservation
Order |
|
Jun. 30, 2008 | ||
|
07-1315
|
Knowles, Warden v. Mirzayance
Order |
|
Jun. 30, 2008 | ||
|
06-50553
|
United States v. Vasquez-Ramos
Non-tribal members who possess bald and golden eagle parts without permit cannot claim their prosecution violates Religion Freedom Restoration Act. |
Constitutional Law |
|
Jun. 30, 2008 |