| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B192656
|
Wolf v. Walt Disney Pictures and Television
Court improperly permits jury to interpret meaning of contract term in Roger Rabbit creator's breach of contract action against Disney. |
Contracts |
|
May 12, 2008 | |
|
D051011
|
Royal Indemnity Co. v. United Enterprises, Inc.
Third party who is not contractual party with insurer and is not insured lacks standing to sue insurer to resolve coverage questions. |
Civil Procedure |
|
May 9, 2008 | |
|
A114205
|
Moss v. County of Humboldt
Court focuses on new and substantially important information in determining whether second environmental impact report is appropriate under CEQA. |
Environmental Law |
|
May 9, 2008 | |
|
07-313
|
Opinion of Brown
City council member may be paid fee where he is only certified drug tester in immediate area who is available to perform test. |
Government |
|
May 9, 2008 | |
|
D048456
|
People v. Varghese
Court did not err in refusing to allow defendant to conduct confidential DNA testing on bloodstain found at murder scene. |
Criminal Law and Procedure |
|
May 9, 2008 | |
|
04-15605
|
Travelers Casualty and Surety Co. v. Pacific Gas and Electric Co.
Order |
|
May 9, 2008 | ||
|
06-50447
|
U.S. v. Mendoza
Defendant's speedy-trial right is violated where eight-year delay between indictment and arrest is result of government's negligence. |
Criminal Law and Procedure |
|
May 9, 2008 | |
|
06-70851
|
Mendez-Mendez v. Mukasey
Alien's due process rights are not violated where he receives full hearing and has three months to file applications for relief. |
Immigration |
|
May 9, 2008 | |
|
05-75333
|
Air Line Pilots Association v. NLRB
National Labor Relations Board does not have jurisdiction over dispute when all parties are subject to Railway Labor Act. |
Labor Law |
|
May 9, 2008 | |
|
06-10390
|
U.S. v. Pete
Time when certiorari petitions in interlocutory appeal are pending is excludable from Speedy Trial Act's requirements. |
Criminal Law and Procedure |
|
May 9, 2008 | |
|
S024471
|
People v. Watson
Defendant is properly sentenced to death where evidence proves he fatally shot two people in gang-related shooting. |
Criminal Law and Procedure |
|
May 9, 2008 | |
|
A116959
|
Estate of Herold
Court finds that 'no contest' clause in testator's will cannot be incorporated by reference into decree of distribution. |
Probate and Trusts |
|
May 8, 2008 | |
|
06-56521
|
Family Home and Finance Center Inc. v. Federal Home Loan Mortgage Corp.
Summary judgment is properly granted for defendant where there is no admissible evidence of interference with plaintiff's contract. |
Torts |
|
May 8, 2008 | |
|
G038123
|
Block v. Orange County Employees' Retirement System
'Disability allowance' means all benefits member receives from reciprocal systems or CalPERS for retiring concurrently due to disability, regardless of label. |
Employment Law |
|
May 8, 2008 | |
|
B193502
|
Serrano v. Stefan Merli Plastering Co. Inc.
Court has authority to require deposition reporter to provide non-noticing party with copy of deposition transcript in pending action for reasonable fee. |
Civil Procedure |
|
May 8, 2008 | |
|
G038437
|
In re Ellis
Intent of Domestic Partner Act is to apply equitable putative spouse doctrine to persons with reasonable, good faith belief in validity of domestic partnerships. |
Family Law |
|
May 7, 2008 | |
|
G039077
|
Profit Concepts Management Inc. v. Griffith
Grant of motion to quash service for lack of personal jurisdiction makes Oklahoma defendant prevailing party entitled to attorney fees under contract. |
Contracts |
|
May 7, 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 7, 2008 | |
|
06-73822
|
Silaya v. Mukasey
Philippine native subjected to past persecution on account of imputed political opinion is eligible for asylum. |
Immigration |
|
May 7, 2008 | |
|
04-15258
|
Matter of DeRoche
Order |
|
May 7, 2008 | ||
|
06-10316
|
U.S. v. Chapman
Double Jeopardy Clause of Fifth Amendment does not bar government's appeal, but dismissal of indictment is still proper. |
Government |
|
May 7, 2008 | |
|
06-56334
|
Johnson v. Neilson (In re Slatkin)
Bankruptcy court properly admits debtor's plea agreement to conclusively establish he operated Ponzi scheme with actual intent to defraud creditors. |
Bankruptcy |
|
May 7, 2008 | |
|
05-75850
|
Estrada-Espinoza v. Mukasey
Order |
|
May 7, 2008 | ||
|
B190437
|
People v. Bhakta
Motel enjoined from facilitating prostitution under Red Light law is not entitled to jury trial in action to abate public nuisance. |
Civil Procedure |
|
May 7, 2008 | |
|
05-16762
|
Torres v. City of Madera
Arrestee mistakenly shot by officer's pistol instead of stun gun is deemed 'seized' within meaning of Fourth Amendment. |
Criminal Law and Procedure |
|
May 6, 2008 | |
|
05-74776
|
Martinez-Merino v. Mukasey
Alien who suffers no prejudice after returning illegally cannot attack reinstatement order by reopening removal order based on procedural defect. |
Immigration |
|
May 6, 2008 | |
|
04-73671
|
Fakhry v. Mukasey
Immigration judge erred in denying petitioner's application for asylum based on 'changed circumstances' exception to one-year bar on filing asylum claims. |
Immigration |
|
May 6, 2008 | |
|
07-15592
|
Brown v. Farwell
Defendant is granted petition for writ of habeas corpus due to inaccurate DNA evidence and violations of due process. |
Criminal Law and Procedure |
|
May 6, 2008 | |
|
S058528
|
In re Miranda
Petitioner demonstrates he is entitled to habeas corpus relief due to prosecution's misconduct. |
Criminal Law and Procedure |
|
May 6, 2008 | |
|
S052520
|
People v. Williams
Failure to instruct jury that witness was accomplice is harmless where evidence does not establish intent to further defendant's criminal purpose. |
Criminal Law and Procedure |
|
May 6, 2008 |