| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B194358
|
People v. Albillar
Convictions are proper where defendants impliedly consented to reseating of juror as alternative remedy for 'Wheeler-Batson' violation. |
Criminal Law and Procedure |
|
May 6, 2008 | |
|
05-56439
|
Doran v. 7-Eleven Inc.
ADA plaintiff has standing to sue for injunctive relief for all barriers in 7-Eleven store pertaining to his specific disability. |
Civil Rights |
|
May 5, 2008 | |
|
03-99003
|
Pinholster v. Ayers
District court correctly denies defendant's request for evidentiary hearing based on ineffective assistance of counsel. |
Criminal Law and Procedure |
|
May 5, 2008 | |
|
06-71430
|
Chen v. Mukasey
Court defers to decision to deny asylum to alien who does not qualify under 8 U.S.C. Section 1229a(c)(7). |
Immigration |
|
May 5, 2008 | |
|
06-15191
|
Lane v. Dept. of the Interior
Where FOIA cases involve propriety of revealing certain documents, court has discretion to rule on summary judgment motion before allowing discovery. |
Employment Law |
|
May 5, 2008 | |
|
H030980
|
People v. Mohammed
Conviction for failure to appear while on recognizance is reversed where defendant never signed release agreement proving she was out on bail. |
Criminal Law and Procedure |
|
May 5, 2008 | |
|
F050279
|
Brawley v. J.C. Interiors Inc.
Although both sides breached contract, court is directed to award no damages under Code of Civil Procedure Section 877. |
Civil Procedure |
|
May 2, 2008 | |
|
S160842
|
People v. Martinez
Order |
|
May 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 |
|
May 2, 2008 | |
|
H029980
|
Blickman Turkus v. MF Downtown Sunnyvale
Lessee's agent did not have contractual duty to disclose lessee's financial difficulties to lessor, who was not client of agent. |
Torts |
|
May 2, 2008 | |
|
B194372
|
EnPalm v. Teitler Family Trust
Trial court properly applied equitable principles to reduce attorney fee award after defendants were awarded judgment in fraud and breach of contract action. |
Civil Procedure |
|
May 2, 2008 | |
|
E042607
|
People v. Kelly
Defendant received fair ‘Wheeler/Batson’ hearing where prosecutor substantiated her reasons for dismissing prospective jurors. |
Criminal Law and Procedure |
|
May 2, 2008 | |
|
B198139
|
Antelope Valley Press v. Poizner (State Compensation Insurance Fund)
Substantial evidence supports administrative findings and decision that newspaper delivery carriers are employees, not independent contractors. |
Workers' Compensation |
|
May 2, 2008 | |
|
S160953
|
People v. Paredes
Order |
|
May 2, 2008 | ||
|
S161417
|
Baker v. Osborne Development Corp.
Order |
|
May 2, 2008 | ||
|
05-36221
|
Forest Service Employees for Environmental Ethics v. U.S. Forest Service
Forest Service is not required to release identities of agency personnel who responded to wildfire that killed two employees. |
Torts |
|
May 2, 2008 | |
|
05-50121
|
U.S. v. Tapia-Romero
In determining appropriate term of imprisonment, sentencing judge cannot consider cost of imprisonment to society as factor under 18 U.S.C. Section 3553(a). |
Criminal Law and Procedure |
|
May 2, 2008 | |
|
07-36039
|
Stormans Inc. v. Selecky
Order |
|
May 2, 2008 | ||
|
B202299
|
Lesly G., a Minor
Juvenile court errs in terminating parental rights after denying--and failing to hold required hearing on--mother's petition for modification. |
Family Law |
|
May 2, 2008 | |
|
08-55105
|
Delaware Valley Surgical Supply Inc. v. Johnson & Johnson
Plaintiff lacks standing to pursue antitrust claim because it is not 'direct purchaser' of defendant's products. |
Antitrust |
|
May 1, 2008 | |
|
07-35506
|
Bering Strait Citizens for Responsible Resource Devt. v. U.S. Army Corps of Engineers
Engineers properly discount alternatives to discharging dredge from gold mines into Alaskan wetlands before issuing permit under Clean Water Act. |
Environmental Law |
|
May 1, 2008 | |
|
B197743
|
Wang v. Valverde
Applicant’s act of cheating on application for class B driver's license did not permit DMV to revoke applicant’s existing class C license. |
Administrative Agencies |
|
May 1, 2008 | |
|
B197706
|
Tan v. Arnel Management Co.
Prior similar incidents of violence in ungated parking area of apartment complex impose duty of care on property owners. |
Torts |
|
May 1, 2008 | |
|
B191118
|
Kaplan v. Mamelak
Plaintiff should have been allowed to use discovery methods to show why notice of intent to sue for medical malpractice was untimely served. |
Torts |
|
May 1, 2008 | |
|
A114956
|
Bay Area Cellular Telephone Co. v. City of Union City
City's fee on telephone lines to fund 911 emergency system is special tax requiring approval by two-thirds vote under Proposition 218. |
Government |
|
May 1, 2008 | |
|
E042838
|
Roman v. Liberty University Inc.
California court does not err in quashing service of summons for lack of personal jurisdiction over Virginia based university. |
Civil Procedure |
|
May 1, 2008 | |
|
E041807
|
Everett v. State Farm General Insurance Co.
Because insurance policy is contract, when its terms are unambiguous, court has duty to enforce contract as agreed upon by parties. |
Contracts |
|
May 1, 2008 | |
|
D051512
|
Mendez v. Superior Court (People)
Trial court may consider information not presented at Section 1050 hearing in ruling on motion to dismiss case under Section 1382. |
Criminal Law and Procedure |
|
May 1, 2008 | |
|
07-55794
|
Clark v. Time Warner Cable
Court’s referral of ‘anti-slamming’ claim to FCC is proper under primary jurisdiction doctrine because it presents novel question of federal telecommunications policy. |
Civil Procedure |
|
May 1, 2008 | |
|
04-72696
|
Hernandez v. Mukasey
Reliance upon advice of non-attorney cannot form basis of claim for ineffective assistance of counsel in removal proceeding. |
Immigration |
|
May 1, 2008 |