| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D050263
|
Harvey v. The Landing Homeowners Association
Upon reasonable investigation and good faith, homeowners association board acted properly when it granted homeowners right to use common area for storage. |
Real Property |
|
May 1, 2008 | |
|
C053802
|
People v. Semien
Conviction is proper in case where defendant claims prosecutor excused prospective juror based on race. |
Criminal Law and Procedure |
|
May 1, 2008 | |
|
C054656
|
People v. Eddards
Penal Code Section 1203.1 does not authorize addition of 10 percent administration fee to restitution fund payment. |
Criminal Law and Procedure |
|
May 1, 2008 | |
|
D049788
|
Luce, Forward, Hamilton & Scripps v. Koch
Arbitrator need not disqualify himself where disclosure of information is not legally required. |
Civil Procedure |
|
May 1, 2008 | |
|
07-1367
|
Stasz v. Gonzalez (In re Stasz)
Upon trustee's motion, court's order of civil contempt against debtor, issued in contested matter within main bankruptcy case, is final, appealable order. |
Bankruptcy |
|
Apr. 30, 2008 | |
|
A117513
|
Consolidated Management Group v. Dept. of Corporations
Federal law does not preempt California Dept. of Corporations' authority to issue desist order against company because partnerships were not 'covered securities.' |
Corporations |
|
Apr. 30, 2008 | |
|
F050590
|
Central Valley General Hospital v. Smith
Injured party retains right to treat repudiation of contract as anticipatory breach until repudiation is nullified. |
Contracts |
|
Apr. 30, 2008 | |
|
08-1055
|
Frye v. Excelsior College (In re Frye)
Order |
|
Apr. 30, 2008 | ||
|
07-1431
|
Drummond v. Wiegand (In re Wiegand)
Bankruptcy Code Section 1325(b)(2), not Form 22C, controls issue of whether self-employed debtor can deduct business expenses from gross receipts. |
Bankruptcy |
|
Apr. 30, 2008 | |
|
07-1187
|
Findley v. State Bar of California (In re Findley)
Attorney discipline cost awards are compensatory in nature and thus not excepted from discharge. |
Bankruptcy |
|
Apr. 30, 2008 | |
|
B186044
|
Woods v. Union Pacific Railroad Co.
Directed verdict for railroad is proper where its use of handholds in compliance with federal safety regulations undermines plaintiff's negligence claim. |
Civil Procedure |
|
Apr. 30, 2008 | |
|
B197692
|
Costco Wholesale Corp. v. Superior Court (Randall)
To prevent disclosure of redacted letter claimed to be protected, defendant had to show that release of letter would cause irreparable harm. |
Civil Procedure |
|
Apr. 30, 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 |
|
Apr. 30, 2008 | |
|
B191662
|
Great West Contractors Inc. v. WSS Industrial Construction Inc.
Subcontractor is barred from bringing suit against general contractor because Construction Services Licensing Law requires subcontractor be licensed at all times. |
Contracts |
|
Apr. 30, 2008 | |
|
B195763
|
Korean Air Lines Co. v. County of Los Angeles
International air carrier has taxable possessory interest in federal inspection service area where its use of area is 'independent.' |
Taxation |
|
Apr. 30, 2008 | |
|
07-50124
|
U.S. v. Stoterau
District court did not abuse discretion in sentencing defendant to 151-month term of imprisonment for transporting child pornography. |
Criminal Law and Procedure |
|
Apr. 30, 2008 | |
|
06-15374
|
Gregory v. County of Maui
Police officers attempting to restrain individual did not use excessive force in violation of Fourth Amendment. |
Criminal Law and Procedure |
|
Apr. 30, 2008 | |
|
06-56634
|
Choe v. Torres
Pursuant to extradition treaty, person is extraditable to Korea where Korean and American laws for charged offenses are directed to same evil. |
Criminal Law and Procedure |
|
Apr. 30, 2008 | |
|
05-30477
|
U.S. v. Medina
District court properly dismisses indictment without prejudice after determining excessive pretrial delays violated Speedy Trial Act. |
Criminal Law and Procedure |
|
Apr. 30, 2008 | |
|
07-55505
|
Negrete v. Allianz Life Insurance Co. of North America
Anti-Injunction Act precludes district court from enjoining insurance corporation's resolution of similar class action claims in any other court. |
Civil Procedure |
|
Apr. 30, 2008 | |
|
B197692
|
Costco Wholesale Corp. v. Superior Court (Randall)
To prevent disclosure of redacted letter claimed to be protected, defendant had to show that release of letter would cause irreparable harm. |
Civil Procedure |
|
Apr. 30, 2008 | |
|
G038349
|
State of California v. Hamby
School district employees who act in course of their employment and on school district’s behalf are not proper defendants under CFCA. |
Government |
|
Apr. 29, 2008 | |
|
07-21
|
Crawford v. Marion County Election Board
Statute that requires Indiana voters to present government-issued photo identification is constitutional because valid neutral justifications exist for statute. |
Constitutional Law |
|
Apr. 29, 2008 | |
|
07-745
|
U.S. v. ABC
Order |
|
Apr. 29, 2008 | ||
|
06-75411
|
Alali-Amin v. Mukasey
Immigration judge correctly concluded that petitioner's motion to reopen removal proceedings was untimely. |
Immigration |
|
Apr. 29, 2008 | |
|
05-50170
|
U.S. v. De Oca
Defendant's prior conviction of first degree residential burglary is 'crime of violence' justifying sentencing enhancement. |
Criminal Law and Procedure |
|
Apr. 29, 2008 | |
|
06-15653
|
Nationwide Transport Finance v. Cass Information Systems Inc.
Because UCC Section 9-406 applies to shippers, agent properly required company to enter into hold harmless agreement as condition of payment. |
Business Law |
|
Apr. 29, 2008 | |
|
07-30102
|
U.S. v. Mara
District court may consider criminal activity unrelated to conviction offense in denying defendant sentence reduction for acceptance of responsibility. |
Criminal Law and Procedure |
|
Apr. 29, 2008 | |
|
06-72797
|
Ortiz-Magana v. Mukasey
Conviction under Penal Code Section 245(a)(1) for being accomplice or principal both constitute ‘aggravated felonies’ for immigration purposes, subjecting petitioner to removal. |
Immigration |
|
Apr. 29, 2008 | |
|
S031603
|
People v. Lewis
Court vacates lying-in-wait special circumstance findings and reverses six kidnapping convictions of defendant who engaged in 1991 crime spree. |
Criminal Law and Procedure |
|
Apr. 29, 2008 |