| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
04-75650
|
Gutierrez v. Mukasey
Petitioner's departure to Mexico interrupts his accrual of continuous physical presence for purposes of cancellation of removal. |
Immigration |
|
Apr. 3, 2008 | |
|
04-75584
|
Sanchez v. Mukasey
Family unity waiver applies to cancellation of removal when smuggled alien is applicant's spouse, parent, son, or daughter. |
Immigration |
|
Apr. 3, 2008 | |
|
06-55538
|
Miller v. Davis
Former Governor is entitled to absolute quasi-judicial immunity for decision to reverse convicted prisoner's grant of parole. |
Government |
|
Apr. 3, 2008 | |
|
06-35875
|
Osborne v. District Attorney's Office for the Third Judicial District
Defendant has limited due process right of access to biological evidence for purposes of post-conviction DNA testing. |
Criminal Law and Procedure |
|
Apr. 3, 2008 | |
|
06-35538
|
Costco Wholesale Corp. v. Maleng
Central warehousing ban, erroneously found to be hybrid restraint, is not preempted by Section 1 of Sherman Act. |
Antitrust |
|
Apr. 2, 2008 | |
|
B199059
|
People v. Williams
Jury instruction on uncharged conspiracy to sell cocaine base is constitutional. |
Criminal Law and Procedure |
|
Apr. 2, 2008 | |
|
06-55981
|
Mendiondo v. Centinela Hospital
Notice pleading standard in Federal Rule of Civil Procedure 8(a) applies to claims of wrongful termination under Federal and California's False Claims Acts. |
Civil Procedure |
|
Apr. 2, 2008 | |
|
C053200
|
Niles Freeman Equipment v. Joseph
Under amended Military and Veterans Code Section 999.9(c)(1), Department of General Services has authority to suspend Disabled Veteran Business Enterprise certification. |
Corporations |
|
Apr. 2, 2008 | |
|
C054262
|
Ortega v. Sacramento County Department of Health and Human Services
Social workers who returned child to father who subsequently stabbed child are immune from liability because they conducted discretionary acts. |
Family Law |
|
Apr. 2, 2008 | |
|
06-55222
|
County of Los Angeles v. Leavitt
Hospital bed count determination for purposes of Medicare reimbursement of medical education expenses is not arbitrary and capricious. |
Administrative Agencies |
|
Apr. 1, 2008 | |
|
C056735
|
M.F., a Minor
Failure to appoint guardian ad litem for parent who is minor at commencement of dependency proceedings constitutes error. |
Juveniles |
|
Apr. 1, 2008 | |
|
F054172
|
A.G., a Minor
Court did not violate parent's due process rights by sustaining County's objection to parent testifying at hearing. |
Family Law |
|
Apr. 1, 2008 | |
|
134Orig
|
New Jersey v. Delaware
New Jersey and Delaware have overlapping authority to regulate riparian improvements and operations of extraordinary character extending from New Jersey's shore. |
Constitutional Law |
|
Apr. 1, 2008 | |
|
07-9065
|
In re David G. Harris
Order |
|
Apr. 1, 2008 | ||
|
07-9633
|
Fields v. USCA 11
Order |
|
Apr. 1, 2008 | ||
|
07-665
|
Pleasant Grove City v. Summum
Order |
|
Apr. 1, 2008 | ||
|
07-869
|
Ysursa v. Pocatello Ed. Assn.
Order |
|
Apr. 1, 2008 | ||
|
07-9376
|
Everhart v. United States
Order |
|
Apr. 1, 2008 | ||
|
06-56370
|
Satey v. JPMorgan Chase & Co.
Purported victim of identity theft does not have claim against credit card company not deemed 'claimant' under California Civil Code. |
Business Law |
|
Apr. 1, 2008 | |
|
05-50375
|
U.S. v. Smith
Jury instruction on prison-made knife does not relieve government of burden to prove inmate used 'dangerous weapon' beyond reasonable doubt. |
Criminal Law and Procedure |
|
Apr. 1, 2008 | |
|
07-55018
|
Momeni v. Chertoff
Under Visa Waiver Program, unless applying for asylum, tourist may not contest deportation even if he filed application for adjustment of status. |
Immigration |
|
Apr. 1, 2008 | |
|
G038172
|
Marriage of Gerkin
Kansas court could not set lower amount of child support payments than support provided in earlier California dissolution judgment. |
Family Law |
|
Mar. 31, 2008 | |
|
04-56230
|
Dennis v. BEH-1 LLC
Credit reporting agency not liable under Fair Credit Reporting Act, in relying on inaccurate public records. |
Business Law |
|
Mar. 31, 2008 | |
|
A117182
|
TSMC North America v. Semiconductor Manufacturing International Corp.
Judicial restraint and comity requires California courts to deny antisuit injunction barring corporation's pursuit of Chinese law claims in Beijing. |
Civil Procedure |
|
Mar. 31, 2008 | |
|
H030890
|
Ferraro v. Camarlinghi
Trial court erred by striking plaintiff's complaint on grounds it was precluded by prior judgments, statute of limitations, or compulsory cross-complaint rule. |
Probate and Trusts |
|
Mar. 31, 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 |
|
Mar. 31, 2008 | |
|
B196863
|
People v. Garcia
On equal protection grounds, those convicted of oral copulation with 14-year-old under Penal Code Section 288(a)(b)(2) are subject to discretionary registration. |
Criminal Law and Procedure |
|
Mar. 31, 2008 | |
|
G038322
|
Flores v. Autozone West Inc.
Summary judgment is improper in case alleging respondeat superior liability based on altercation that arises from employment and leads to injury. |
Torts |
|
Mar. 31, 2008 | |
|
D050450
|
Duffens v. Valenti
Arbitration provisions are void where 'consulting agreements' violate express requirements of dating service statutes. |
Contracts |
|
Mar. 31, 2008 | |
|
D049993
|
People v. Smith
Collateral estoppel bars relitigation of driver's impairment after first jury acquits defendant of per se DUI. |
Criminal Law and Procedure |
|
Mar. 31, 2008 |