| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
06-35011
|
National Wildlife Federation v. National Marine Fisheries Service
District court correctly determined that biological opinion of proposed operations in Columbia River System was structurally flawed. |
Environmental Law |
|
Apr. 25, 2008 | |
|
03-73564
|
Nicanor-Romero v. Mukasey
Penal Code Section 647.6(a), which does not consist of depraved act and evil intent, is not crime of moral turpitude. |
Criminal Law and Procedure |
|
Apr. 25, 2008 | |
|
S129463
|
City of Hope National Medical Center v. Genentech Inc.
Fiduciary relationship did not arise where plaintiff, in return for royalties, entrusted secret scientific discovery to defendant. |
Contracts |
|
Apr. 25, 2008 | |
|
S144492
|
Manta Management Corp. v. City of San Bernardino
City is not liable for nightclub's lost profits where court breaks chain of causation by issuing injunction pursuant to unconstitutional zoning ordinance. |
Civil Rights |
|
Apr. 25, 2008 | |
|
B195641
|
O'Brien v. Camisasca Automotive Manufacturing Inc.
Pursuant to Proposition 64, plaintiff lacks standing where any alleged misrepresentation concerning product’s origin did not induce plaintiff to purchase product. |
Business Law |
|
Apr. 25, 2008 | |
|
E041876
|
People v. Figueroa
Sentencing court correctly concludes that defendant's terms for aggravated sexual assaults run consecutively to each other under Penal Code. |
Criminal Law and Procedure |
|
Apr. 24, 2008 | |
|
B191035
|
Edwards v. Edwards
Where neither parent retains 'primary physical responsibility' for adult child, guideline formula, by its terms, is inapplicable. |
Family Law |
|
Apr. 24, 2008 | |
|
B198388
|
Van Keulen v. Cathay Pacific Airways Ltd.
Trial court has discretionary authority to dismiss for failure to diligently prosecute action stayed on forum non conveniens grounds. |
Civil Procedure |
|
Apr. 24, 2008 | |
|
C056463
|
San Joaquin Local Agency Formation Commission v. Superior Court (South San Joaquin Irrigation District)
Protective order motion to preclude taking of local agency commissioners' depositions is granted in its entirety. |
Civil Procedure |
|
Apr. 24, 2008 | |
|
C056661
|
South San Joaquin Irrigation District v. Superior Court (San Joaquin Local Agency Formation Commission)
Due to recent amendments that set forth procedures for approval of new services special districts want to provide, LAFCO approval is mandatory. |
Administrative Agencies |
|
Apr. 24, 2008 | |
|
B200959
|
Employers Reinsurance Co. v. Superior Court (Thorpe Insulation Co.)
Course of performance evidence is admissible in interpretation of insurance contract only when performance is pursuant to contract, not subsequent settlement agreement. |
Insurance |
|
Apr. 24, 2008 | |
|
06-1082
|
Virginia v. Moore
Police do not violate Fourth Amendment by performing search incident to arrest based on probable cause but prohibited by state law. |
Criminal Law and Procedure |
|
Apr. 24, 2008 | |
|
04-74162
|
Villegas v. Mukasey
Relief under 'Convention Against Torture' is denied where conditions in Mexican mental institution do not amount to torture. |
Immigration |
|
Apr. 24, 2008 | |
|
06-55179
|
Levina v. San Luis Coastal Unified School District
Order |
|
Apr. 24, 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. |
Administrative Agencies |
|
Apr. 24, 2008 | |
|
S148845
|
People v. French
Imposition of upper term sentence violated defendant's Sixth Amendment right to jury trial. |
Criminal Law and Procedure |
|
Apr. 24, 2008 | |
|
B197703
|
Wagner v. Wagner
Daughter's claim against trust for care she provided mother preceding her death is barred by one-year statute of limitations. |
Probate and Trusts |
|
Apr. 24, 2008 | |
|
F052781
|
People v. Soukomlane
Corporal injury on spouse conviction is reversed where defendant was improperly shackled in presence of jury. |
Criminal Law and Procedure |
|
Apr. 24, 2008 | |
|
C055068
|
Vincent G., a Minor
Hearsay evidence is properly admitted at dispositional phase of juvenile delinquency case. |
Juveniles |
|
Apr. 24, 2008 | |
|
B204061
|
Little Company of Mary Hospital v. Superior Court (Marin)
Religious health care providers may invoke Code of Civil Procedure Section 425.14 to require substantiation of punitive damages claim by plaintiff. |
Torts |
|
Apr. 24, 2008 | |
|
B192342
|
SC Manufactured Homes Inc. v. Liebert
Plaintiff fails to show that mobile park and numerous dealers were involved in illegal tying arrangement. |
Torts |
|
Apr. 23, 2008 | |
|
G039269
|
Daybreak Group Inc. v. Three Creeks Ranch
There is no authority for contention that firm, as opposed to individual attorney, must be admitted 'pro ha vice' in California courts. |
Civil Procedure |
|
Apr. 23, 2008 | |
|
07-15297
|
Camacho v. Bridgeport Financial Inc.
Court fails to provide authority to support flat award in lieu of 'lodestar' method. |
Civil Procedure |
|
Apr. 23, 2008 | |
|
03-71578
|
Penuliar v. Mukasey
Evading officer in violation of California Vehicle Code is not categorically 'crime of violence' under 8 U.S.C. Section 1101. |
Immigration |
|
Apr. 23, 2008 | |
|
05-56452
|
Molski v. Evergreen Dynasty Corp.
Order |
|
Apr. 23, 2008 | ||
|
05-10243
|
U.S. v. Staffeldt
Order |
|
Apr. 23, 2008 | ||
|
B189567
|
Zanone v. The City of Whittier
When information does not fall within Penal Code Section 832.8's definition of officer’s ‘personnel records,' information is not subject to 'Pitchess' procedure. |
Civil Procedure |
|
Apr. 23, 2008 | |
|
C051744
|
Capitol Racing LLC v. California Horse Eacing Bd. (Rodriguez)
Judgment is reversed where petition brought by plaintiff is time-barred under Business and Professions Code Section 19463. |
Civil Procedure |
|
Apr. 23, 2008 | |
|
C055005
|
Plumas County Child Support Services v. Rodriguez
Court properly dismisses child support complaint where mother did not have support agreement with brother who took in her son. |
Family Law |
|
Apr. 23, 2008 | |
|
C055082
|
People v. Selga
Imposition of criminal protective order issued to protect defendant's ex-girlfriend's current boyfriend is invalid. |
Criminal Law and Procedure |
|
Apr. 23, 2008 |