| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D050751
|
People v. Johnson
Extended commitment of defendant determined to be sexually violent predator day before scheduled release date is constitutional. |
Criminal Law and Procedure |
|
May 15, 2008 | |
|
05-35647
|
Garcia v. Brockway
Untimely lawsuit filed under Fair Housing Act is properly dismissed where prejudice to defendant must be considered. |
Civil Rights |
|
May 14, 2008 | |
|
05-16434
|
Jacobs v. Clark County School District
Students' First Amendment and due process rights are not violated even if content neutral restrictions incidentally suppress expression. |
Constitutional Law |
|
May 14, 2008 | |
|
D051144
|
Evans v. Evans
Husband's preliminary injunction against ex-wife is improperly granted where it is overbroad and constitutes invalid prior restraint before trial. |
Torts |
|
May 14, 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 |
|
May 14, 2008 | |
|
06-15480
|
Levine v. City of Alameda
City and city manager are not liable in case where employee deprived of pretermination hearing alleges due process violation. |
Constitutional Law |
|
May 14, 2008 | |
|
05-16069
|
North Pacifica v. City of Pacifica
Developer cannot resurrect due process claim or receive equal protection damages based on city's reasonable delays in approving permits. |
Constitutional Law |
|
May 14, 2008 | |
|
06-35448
|
Lawrence v. Dept. of Interior
Government does not waive limitations period to apply for firefighting credit by failing to furnish actual notice of new time limit. |
Administrative Agencies |
|
May 14, 2008 | |
|
B200083
|
Price v. Connolly-Pacific Co.
Commuter seaman living in camper near jobsite during work week is infected with West Nile Virus and denied maintenance and cure. |
Maritime Law |
|
May 14, 2008 | |
|
G039767
|
Avenue v. Franco
Appeal is dismissed for lack of jurisdiction where noncompliance with statutory notice requirements did not void judgment in trial court. |
Civil Procedure |
|
May 14, 2008 | |
|
06-11612
|
Gonzalez v. United States
Under Federal Magistrates Act, express consent by counsel is sufficient to allow magistrate judge to preside over jury selection in felony trial. |
Criminal Law and Procedure |
|
May 13, 2008 | |
|
06-72695
|
National Labor Relations Board v. Studio Transportation Drivers Local 399
Under National Labor Relations Act, union commits unfair labor practice against employee who refused to join it. |
Labor Law |
|
May 13, 2008 | |
|
05-55302
|
Woods v. Carey
District court should have construed petitioner's second pro se habeas petition as motion to amend his pending habeas petition. |
Criminal Law and Procedure |
|
May 13, 2008 | |
|
07-16902
|
Taylor v. Westly
Plaintiffs' facial challenge to new law addressing escheat issue fails. |
Real Property |
|
May 13, 2008 | |
|
05-77020
|
Grigoryan v. Mukasey
Order |
|
May 13, 2008 | ||
|
07-15976
|
Imperial Merchant Services Inc. v. Hunt
Order |
|
May 13, 2008 | ||
|
07-50041
|
U.S. v. Caruto
Prosecutor's closing argument noting omissions from defendant's post-arrest statement violates due process where 'Miranda' rights had been invoked. |
Criminal Law and Procedure |
|
May 13, 2008 | |
|
06-36090
|
Miller v. Blacketter
Denial of motion to withdraw counsel and postpone trial did not exceed trial judge's discretion to balance fairness and scheduling. |
Criminal Law and Procedure |
|
May 13, 2008 | |
|
S148207
|
Haraguchi v. Superior Court (People)
No evidence of disqualifying conflict exists requiring recusal where prosecutor published novel while petitioner's trial was pending. |
Criminal Law and Procedure |
|
May 13, 2008 | |
|
S149123
|
People v. Superior Court (Humberto S.)
Order recusing prosecutors is vacated where there was no actual representation of third party interests. |
Criminal Law and Procedure |
|
May 13, 2008 | |
|
B203089
|
Marriage of Holtemann
In divorce case, written agreement depicts husband's clear expression of transmutation of separate property to community property. |
Family Law |
|
May 13, 2008 | |
|
07-919
|
AM. Isuzu Motors Inc. v. Ntsebeza
Order |
|
May 13, 2008 | ||
|
S147954
|
Hollywood v. Superior Court (People)
Recusal is not necessary where prosecutor's assistance in making of movie did not deprive defendant of right to fair trial. |
Criminal Law and Procedure |
|
May 13, 2008 | |
|
07-1223
|
Bell v. Kelly, Warden
Order |
|
May 13, 2008 | ||
|
06-35850
|
Reusser v. Wachovia Bank
'Rooker-Feldman' doctrine bars relitigation of debtor's civil rights claims constituting de facto appeal from state court decision leaving default judgment intact. |
Bankruptcy |
|
May 12, 2008 | |
|
05-15979
|
Aalfs v. Wirum (In re Straightline Investments Inc.)
Postpetition transaction does not fall under 'ordinary course of business' exception and is deemed avoidable under 11 U.S.C. Section 549(a). |
Bankruptcy |
|
May 12, 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 |
|
May 12, 2008 | |
|
C055464
|
People v. Gemmill
Limited warrantless search of home is allowed in light of unresponsive occupants and absence of information to dispel suspicions of injury. |
Criminal Law and Procedure |
|
May 12, 2008 | |
|
C055614
|
California Highway Patrol v. Superior Court (Walker)
Government Code confers only discretionary authority on law enforcement to impound vehicle of individual arrested for driving with suspended license. |
Government |
|
May 12, 2008 | |
|
06-35660
|
Williston Basin Interstate Pipeline Co. v. An Exclusive Gas Storage Leasehold and Easement in the Colverly Subterranean Geological Formation
Incomplete certificate of public convenience and necessity causes grant of motion to dismiss based on failure to state claim. |
Civil Procedure |
|
May 12, 2008 |