| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D048497
|
People v. New
Prejudice suffered from delay in accusing defendant of 1973 shooting murder of wife does not result in unfair trial. |
Criminal Law and Procedure |
|
May 28, 2008 | |
|
G039326
|
Greentree Financial Group Inc. v. Execute Sports Inc.
Judgment awarding plaintiff more than stipulated amount is unenforceable penalty bearing no reasonable relationship to damages flowing from breach of settlement agreement. |
Contracts |
|
May 28, 2008 | |
|
B194082
|
Arteaga v. Brink's Inc.
Employee's disability discrimination claim fails under FEHA where his symptoms do not constitute 'physical disability.' |
Employment Law |
|
May 28, 2008 | |
|
B200141
|
California School Employees Association v. Bonita Unified School District
Arbitration award granting employee reinstatement is confirmed where district's governing board did not have grounds to vacate. |
Labor Law |
|
May 28, 2008 | |
|
C054605
|
Steiner v. Thexton
Contract fails for lack of consideration where it is nothing more than continuing offer to sell which could be revoked at any time. |
Contracts |
|
May 28, 2008 | |
|
C054971
|
Dyer v. Dept. of Motor Vehicles
Fact that detaining officer was driving unmarked vehicle did not render subsequent DUI arrest unlawful. |
Administrative Agencies |
|
May 27, 2008 | |
|
B195624
|
People v. Kelly
Health and Safety Code Section capping reasonable amount of marijuana patient may have unconstitutionally amends Compassionate Use Act without voters' approval. |
Criminal Law and Procedure |
|
May 27, 2008 | |
|
A115095
|
County of Contra Costa v. Public Employees Union Local One
Public Employment Relations Board does not have jurisdiction where trial court orders injunction to prohibit public employees from striking. |
Labor Law |
|
May 27, 2008 | |
|
05-16214
|
Our Children's Earth Foundation v. United States Environmental Protection Agency
In citizen suit brought by environmental advocates, court properly finds that Environmental Protection Agency's acts or omissions were discretionary. |
Environmental Law |
|
May 27, 2008 | |
|
06-73217
|
Natural Resources Defense Council v. United States Environmental Protection Agency
EPA's recent rule exempting discharges of sediment from construction activities from Clean Water Act permit requirements is found impermissible. |
Environmental Law |
|
May 27, 2008 | |
|
C055671
|
People v. Sandoval
Motion to suppress evidence should be granted where patdown search of defendant was unlawfully performed. |
Criminal Law and Procedure |
|
May 27, 2008 | |
|
H031129
|
Ocean Harbor House Homeowners Association v. California Coastal Commission
California Coastal Commission's imposition of mitigation fee for loss of beach property from construction of seawall does not constitute unconstitutional taking. |
Environmental Law |
|
May 27, 2008 | |
|
H031237
|
People v. Soria
Restitution and matching parole revocation fines are capped at $10,000 where three cases are consolidated into one under plea bargain at hearing. |
Criminal Law and Procedure |
|
May 27, 2008 | |
|
C053515
|
Marriage of Carlsson
In divorce case, judge's abrupt ending of trial before completion of husband's case constitutes reversible error. |
Family Law |
|
May 27, 2008 | |
|
B206049
|
Rayna N., a Minor
Where juvenile court fails to comply with notice requirements applicable in Indian child custody proceedings, limited reversal is not prohibited. |
Family Law |
|
May 27, 2008 | |
|
A114150
|
People v. Barrios
Prosecution need not prove defendant's specific intent to carry out threat to harm defense attorney when released from custody. |
Criminal Law and Procedure |
|
May 27, 2008 | |
|
C054718
|
American Board of Cosmetic Surgery v. Medical Board of California
Medical Board of California does not abuse discretion by denying plaintiff's application for specialty approval to advertise in 'Cosmetic Surgery.' |
Torts |
|
May 27, 2008 | |
|
06-1321
|
Gomez-Perez v. Potter
Federal employee who is victim of retaliation may assert claim under federal-sector provision of Age Discrimination in Employment Act of 1967. |
Employment Law |
|
May 27, 2008 | |
|
06-1431
|
CBOCS West Inc. v. Humphries
42 U.S.C. Section 1981 encompasses retaliation claims. |
Civil Rights |
|
May 27, 2008 | |
|
05-17328
|
Gerlinger v. Amazon.com Inc.
In antitrust case, plaintiff lacks Article III standing because he did not show he suffered injury-in-fact. |
Antitrust |
|
May 27, 2008 | |
|
06-50595
|
U.S. v. Fernandez
Evidence obtained from authorized wiretap should not be suppressed where government continued to intercept individual's conversations despite his adoption of new alias. |
Criminal Law and Procedure |
|
May 27, 2008 | |
|
06-15526
|
Peretta v. Prometheus Development Co. Inc.
Order |
|
May 27, 2008 | ||
|
07-9390
|
Arreguin-Aguilar v. United States
Order |
|
May 27, 2008 | ||
|
07-1064
|
Kleinman v. CIR
Order |
|
May 27, 2008 | ||
|
06-802
|
Opinion of Brown
County need not obtain permission from public officials before transmitting database of property-related information over limited-access network. |
Government |
|
May 23, 2008 | |
|
G038495
|
Damien V., a Minor
Alternate penalty provision when underlying offense is committed for benefit of criminal street gang applies to both juvenile and adult offenders. |
Juveniles |
|
May 23, 2008 | |
|
F054353
|
People v. Superior Court (Meraz)
Trial Court's dismissal of special circumstance allegation as sanction for discovery violations is deemed improper under 'Brady v. Maryland'. |
Criminal Law and Procedure |
|
May 23, 2008 | |
|
S162435
|
McCann v. Wheeler
Order |
|
May 23, 2008 | ||
|
S162156
|
In re Serina B.
Order |
|
May 23, 2008 | ||
|
S162029
|
Boeken v. Phillip Morris USA
Order |
|
May 23, 2008 |
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