| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
G038758
|
Golden Rain Foundation v. Franz
Nonprofit corporation created for purpose of managing common interest development is 'association' subject to Davis-Stirling Act. |
Corporations |
|
Jun. 12, 2008 | |
|
08-80090
|
Girardi on Discipline
Order |
|
Jun. 12, 2008 | ||
|
07-35048
|
Derek Andrew Inc. v. Poof Apparel Corp.
Plaintiff is precluded from recovering statutory damages for post-registration distributions of garments bearing infringing detail. |
Intellectual Property |
|
Jun. 12, 2008 | |
|
04-55732
|
Breen v. City of San Diego
Order |
|
Jun. 12, 2008 | ||
|
05-35832
|
Golden v. CH2M Hill Hanford Group Inc.
Claims for emotional distress brought under Price-Anderson Act survive where plaintiff suffers distinct fears arising from exposure to nonradioactive materials. |
Environmental Law |
|
Jun. 12, 2008 | |
|
07-16228
|
Simpson v. Thomas
District court erred in admitting impeachment evidence of defendant's three prior felony convictions. |
Criminal Law and Procedure |
|
Jun. 12, 2008 | |
|
B201673
|
People v. Ross
Arrestee who lies to booking officer by denying possession of knife 'voluntarily' enters jail with weapon, violating Penal Code Section 4574(a). |
Criminal Law and Procedure |
|
Jun. 12, 2008 | |
|
04-55732
|
Barnes-Wallace v. City of San Diego
Order |
|
Jun. 12, 2008 | ||
|
B193002
|
People v. Carrasco
Where defendant enters sheriff's station, reaches into bag with gasoline in it, and holds lighter in hand, attempted arson conviction is upheld |
Criminal Law and Procedure |
|
Jun. 11, 2008 | |
|
G037665
|
Fry v. Pro-Line Boats Inc.
Substantial evidence supports jury finding that manufacturer successfully repaired plaintiff's boat to conform to express and implied warranties. |
Contracts |
|
Jun. 11, 2008 | |
|
C054915
|
Biagini v. Beckham
Where use of property is consistent with private easement, there is no basis for implied acceptance of offer of dedication by public use. |
Real Property |
|
Jun. 11, 2008 | |
|
07-56204
|
Butler v. Curry
Where victim is hit on back of head, court finds jury will doubtfully find aggravating factor of victim's vulnerability for sentencing purposes. |
Criminal Law and Procedure |
|
Jun. 11, 2008 | |
|
B195211
|
California Golf v. Cooper
Bidder may not use defense of election of remedies against foreclosing beneficiary where judgment of judicial foreclosure was previously obtained. |
Real Property |
|
Jun. 11, 2008 | |
|
S149851
|
Bouton v. USAA Casualty Insurance Co.
Issue of claimant's coverage under uninsured motorist provision is not subject to arbitration under Insurance Code. |
Insurance |
|
Jun. 11, 2008 | |
|
C055693
|
Lorenzo L., a Minor
Where minor's electronic monitoring was not physical confinement, he is not entitled to predispositional credit against his subsequent confinement. |
Juveniles |
|
Jun. 11, 2008 | |
|
B192773
|
People v. Carrillo
Prosecution's refusal to procure special immigration visas for two exculpatory witnesses in Mexico does not violate defendant's constitutional rights. |
Criminal Law and Procedure |
|
Jun. 11, 2008 | |
|
D051900
|
Uybungco v. Superior Court (San Diego Police Dept.)
Trial court erred in denying petitioner's motion for discovery of personnel files of police officers involved in his arrest on misdemeanor charges. |
Criminal Law and Procedure |
|
Jun. 11, 2008 | |
|
B190122
|
Charles A. Pratt Construction Co. Inc. v. California Coastal Commission
California Coastal Commission has appellate jurisdiction to decide whether development permit granted by local government complies with Local Coastal Plan. |
Administrative Agencies |
|
Jun. 11, 2008 | |
|
A117168
|
People v. Ramos
Where jury instructions are deemed adequate, defendant's conviction of second degree murder is affirmed. |
Criminal Law and Procedure |
|
Jun. 11, 2008 | |
|
C053289
|
Liberty Mutual Fire Insurance Co. v. LcL Administrators Inc.
Trial court properly grants terminating sanctions after defendant willfully fails to comply with discovery by giving evasive and worthless responses. |
Civil Procedure |
|
Jun. 11, 2008 | |
|
B202222
|
People v. Manchel
Defendant fails to show that mandatory sex offender registration for his offense denies him equal protection. |
Criminal Law and Procedure |
|
Jun. 11, 2008 | |
|
03-57038
|
Franco v. Dow Chemical Co.
Order |
|
Jun. 11, 2008 | ||
|
03-71578
|
Penuliar v. Mukasey
Evading officer in violation of California Vehicle Code is not categorically 'crime of violence' under 8 U.S.C. Section 1101. |
Immigration |
|
Jun. 11, 2008 | |
|
06-15977
|
Byrd v. Lewis
Order |
|
Jun. 11, 2008 | ||
|
B203329
|
People v. Coulter
In accepting guilty plea, trial court may put issue of factual basis for plea over to sentencing hearing. |
Criminal Law and Procedure |
|
Jun. 11, 2008 | |
|
C047726
|
People v. Zarazua
Enhancements upheld after defendants challenge sufficiency of causal connection between shooting and death of three-year-old accident victim. |
Criminal Law and Procedure |
|
Jun. 11, 2008 | |
|
A114023
|
People v. Bordelon
Defendant argues that jury instruction deprived him of right to present defense that he took money in hopes of being incarcerated. |
Criminal Law and Procedure |
|
Jun. 11, 2008 | |
|
G038807
|
The TJX Companies Inc. v. Superior Court (Caldwell)
Actions under Song-Beverly Act of 1971 Section 1747.08 are barred by one-year statute of limitations and do not cover merchandise returns. |
Business Law |
|
Jun. 10, 2008 | |
|
07-214
|
Allison Engine Co. Inc. v. United States
Under False Claims Act, plaintiff must prove defendant intended that false statement be material to Government's decision to pay false claim. |
Government |
|
Jun. 10, 2008 | |
|
06-937
|
Quanta Computer Inc. v. LG Electronics Inc.
Patent exhaustion doctrine provides that patented item's initial authorized sale terminates all patent rights to that item. |
Contracts |
|
Jun. 10, 2008 |