| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B198610
|
Joseph T., a Minor
Dependency court's failure to apply relative preference for child's placement with his aunt is harmless error and not in child's best interest. |
Juveniles |
|
Jun. 5, 2008 | |
|
H030458
|
People v. Bautista
Unpaid pastor who fraudulently represents 'professional purpose' is properly convicted of sexual penetration of teenage victim who is 'unconscious' of act's nature. |
Criminal Law and Procedure |
|
Jun. 5, 2008 | |
|
06-50441
|
U.S. v. Cope
Although court deems term of lifetime supervised release reasonable, conditions imposing treatment and medication infringe on liberty without articulation of findings. |
Criminal Law and Procedure |
|
Jun. 5, 2008 | |
|
B194106
|
Pueblo Radiology Medical Group Inc. v. Gerlach
Attorney fee award is not premature in breach of contract case where defendants prevail on alter ego issue that is essential to claim. |
Contracts |
|
Jun. 5, 2008 | |
|
05-70165
|
Lazaro v. Mukasey
Petitioner's Notice to Appear was not defective and did not deprive Immigration Court of jurisdiction to begin removal proceedings. |
Immigration |
|
Jun. 5, 2008 | |
|
05-56073
|
Wolkowitz v. Federal Deposit Insurance Corp. (In re Imperial Credit Industries Inc.)
Debtor is bound by performance guaranty related to federally insured bank's capital restoration plan. |
Bankruptcy |
|
Jun. 5, 2008 | |
|
C055327
|
California Correctional Peace Officers' Association v. Schwarzenegger
Governor does not exceed his powers in declaring state of emergency based on prison overcrowding. |
Government |
|
Jun. 5, 2008 | |
|
04-73464
|
Ahir v. Mukasey
Alien's asylum application is deemed frivolous and denied due to inconsistent responses regarding arrests for membership in group banned by India's government. |
Immigration |
|
Jun. 4, 2008 | |
|
06-35867
|
Ferguson v. Coregis Insurance Co.
Insurance policy endorsement reducing general liability limit by means of non-existent standard is unenforceable. |
Insurance |
|
Jun. 4, 2008 | |
|
07-55089
|
Delgadillo v. Woodford
Rule of non-retroactivity for federal habeas proceedings is not binding on state habeas courts. |
Criminal Law and Procedure |
|
Jun. 4, 2008 | |
|
04-72413
|
Chen v. Mukasey
Petition is granted and case remanded to Board of Immigration Appeals to decide proper interpretation of filing of frivolous asylum application. |
Immigration |
|
Jun. 4, 2008 | |
|
G038602
|
People v. Mauch
Health and Safety Code Section 11358 does not allow reduction of felony marijuana cultivation offense to misdemeanor without authorization of alternate punishments. |
Criminal Law and Procedure |
|
Jun. 4, 2008 | |
|
G038824
|
People v. Treadway
In DUI case, 10-year look-back rule covering 1997 offense does not constitute ex post facto law. |
Criminal Law and Procedure |
|
Jun. 4, 2008 | |
|
E044391
|
R.D., a Minor
San Bernardino County Juvenile Court should have accepted transfer of dependency case because child and his legal guardian resided in San Bernardino. |
Family Law |
|
Jun. 4, 2008 | |
|
B205186
|
Advanced-Tech Security Services Inc. v. Superior Court (Roman)
Employer is not required to compensate employee at rate higher than one and one-half times regular rate of pay for overtime or holidays. |
Labor Law |
|
Jun. 4, 2008 | |
|
05-C-04139
|
Miller v. State Bar
Dismissal of conviction referral proceeding is without legal justification where notice of contentions prior to entry of default is not required. |
Attorneys |
|
Jun. 4, 2008 | |
|
B193182
|
Perlin v. Fountain View Management Inc.
In wrongful death case, plaintiffs' failure to obtain verdict establishing causation by clear and convincing evidence precludes award of attorney fees. |
Attorneys |
|
Jun. 3, 2008 | |
|
H032114
|
Cypress Semiconductor Corp. v. Superior Court (Silvaco Data Systems)
Statute of limitations accrues on trade secret misappropriation claims against third parties when plaintiff reasonably suspects third party knows about trade secret. |
Intellectual Property |
|
Jun. 2, 2008 | |
|
G037999
|
Sierra Club v. City of Orange (The Irvine Co.)
Sierra Club's objection to environmental impact report's project description lacks merit. |
Environmental Law |
|
Jun. 2, 2008 | |
|
H030444
|
Simpson Strong-Tie Co. Inc. v. Gore
In manufacturer's action for defamation and trade libel, attorney's statements in advertisement do not fall within statutory exclusion of anti-SLAPP law. |
Civil Procedure |
|
Jun. 2, 2008 | |
|
A115535
|
U.S. Western Falun Dafa Association v. Chinese Chamber of Commerce
Where each of defendant's events were expressive, First Amendment bars government from compelling defendant to include plaintiff in events. |
Civil Rights |
|
Jun. 2, 2008 | |
|
A117110
|
Lien v. Lucky United Properties Investment Inc.
Defendant's contention that courts are required to issue statement of decision in support of order granting anti-SLAPP motion is rejected. |
Civil Procedure |
|
Jun. 2, 2008 | |
|
B198139
|
Anteople Valley Press v. Poizner
Substantial evidence supports administrative findings and decision that newspaper delivery carriers are employees, not independent contractors. |
Workers' Compensation |
|
Jun. 2, 2008 | |
|
06-1717
|
Richlin Security Service Co. v. Chertoff
Under Equal Access to Justice Act, prevailing party may recover paralegal fees from government at prevailing market rates. |
Attorneys |
|
Jun. 2, 2008 | |
|
06-1456
|
Cuellar v. U.S.
Conviction on money laundering charge is overturned where defendant merely hides proceeds of unlawful activity inside his vehicle. |
Criminal Law and Procedure |
|
Jun. 2, 2008 | |
|
06-1005
|
U.S. v. Santos
Defendant is not guilty under federal money-laundering statute where he laundered receipt of payments, not criminal profits. |
Criminal Law and Procedure |
|
Jun. 2, 2008 | |
|
06-1595
|
Crawford v. Nashville and Davidson Cty., TN
Order |
|
Jun. 2, 2008 | ||
|
06-30474
|
U.S. v. Rivera
In drug trafficking conspiracy case, government establishes necessity of wiretap on two cell phones. |
Criminal Law and Procedure |
|
Jun. 2, 2008 | |
|
S149898
|
People v. Gonzalez
After court imposes punishment for firearm enhancement with longest term of imprisonment, remaining enhancements must be imposed and stayed. |
Criminal Law and Procedure |
|
Jun. 2, 2008 | |
|
D052169
|
Claudia E., a Minor
Declaratory relief is available in juvenile dependency cases when child welfare agency fails to comply with statutory time requirements for filing petitions. |
Juveniles |
|
Jun. 2, 2008 |