| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C054314
|
Estate of McDaniel
Since marital property rights terminated during marriage dissolution proceeding, decedent’s former wife is not 'surviving spouse’ and cannot inherit from decedent’s estate. |
Probate and Trusts |
|
Mar. 28, 2008 | |
|
A116649
|
California Logistics Inc. v. State of California
Under 'pay first, litigate later' rule, company must pay assessment before litigating validity of tax assessment, despite raising collateral estoppel issue. |
Taxation |
|
Mar. 27, 2008 | |
|
A114651
|
Palm Medical Group Inc. v. State Compensation Insurance Fund
Nonprofit workers' compensation insurer owes occupational clinic duty of fair procedure in acting on its preferred provider network application. |
Civil Procedure |
|
Mar. 27, 2008 | |
|
A118375
|
Los Angeles County Dependency Attorneys Inc. v. Dept. of General Services (Krekorian)
Public Code Section 10295 does not apply to contracts entered by judicial branch of state government. |
Contracts |
|
Mar. 27, 2008 | |
|
A119085
|
In re Bush
Prisoner serving indeterminate life sentence is not entitled to discharge from parole based on time served in excess of base term. |
Criminal Law and Procedure |
|
Mar. 27, 2008 | |
|
B196907
|
Travis v. Board of Trustees of the California State University
Former chancellor's fitness to return from lengthy leave of absence is proper topic for closed session under Bagley-Keene Open Meeting Act. |
Government |
|
Mar. 27, 2008 | |
|
B198837
|
N.M, a Minor
Juvenile court gives appropriate notice and complies with Indian Child and Welfare Act in terminating parental rights. |
Family Law |
|
Mar. 27, 2008 | |
|
B200606
|
H.B., a Minor
Juvenile court's failure to inquire into dependent child's ancestry is harmless absent mother's affirmative representation that child may have Indian heritage. |
Family Law |
|
Mar. 27, 2008 | |
|
F052081
|
People v. Lee
Upon 'Romero' motion, sentencing court is under no duty to gather evidence regarding defendant's background when defendant did not provide such evidence. |
Criminal Law and Procedure |
|
Mar. 27, 2008 | |
|
06-35677
|
Progressive Casualty Insurance Co. v. Owen
Insurer is entitled to summary judgment absent evidence that injured director was driving truck as temporary substitute for vehicle named in policy. |
Insurance |
|
Mar. 27, 2008 | |
|
F050528
|
Garcia v. Paramount Citrus Association Inc.
Landowner does not owe duty of care to injured plaintiff when burden imposed is high and road is not open to public. |
Torts |
|
Mar. 27, 2008 | |
|
05-35996
|
Card v. City of Everett
City of Everett's display of Ten Commandments monument does not violate Establishment Clauses of United States or Washington Constitutions. |
Constitutional Law |
|
Mar. 27, 2008 | |
|
C055005
|
Plumas County Child Support Services v. Rodriquez
Court properly dismisses child support complaint where mother did not have support agreement with brother who took in her son. |
Family Law |
|
Mar. 27, 2008 | |
|
C054634
|
In re Singler
Denial of parole must be overturned when significant time passes from commission of crime and there is evidence of inmate’s rehabilitation. |
Criminal Law and Procedure |
|
Mar. 27, 2008 | |
|
04-55665
|
Simpson v. AOL Time Warner Inc.
Order |
|
Mar. 27, 2008 | ||
|
C055104
|
State Water Resources Control Board Cases
Private party who succeeded alongside public entity cannot be denied fees simply because success might have been achieved by public entity acting alone. |
Civil Procedure |
|
Mar. 27, 2008 | |
|
B193745
|
Adaimy v.Ruhl
Service to one of appellant's attorneys is sufficient to begin period for filing notice of appeal from order denying appellant’s motion. |
Civil Procedure |
|
Mar. 26, 2008 | |
|
C056099
|
In re Burdan
Habeas petition is granted where Governor's reversal of petitioner's grant of parole is not supported by record. |
Criminal Law and Procedure |
|
Mar. 26, 2008 | |
|
D051185
|
People v. Tatum
District Attorney's inexcusable delay in filing petition violates mentally disordered offender's due process rights by extending his commitment beyond release date. |
Criminal Law and Procedure |
|
Mar. 26, 2008 | |
|
B196206
|
People v. Keil
Court properly ordered guns to be confiscated by police where appellant was psychiatrically detained and would not possess guns in safe manner. |
Criminal Law and Procedure |
|
Mar. 26, 2008 | |
|
C051865
|
People v. Abercrombie
Imposition of upper term sentence does not violate convicted child molestor's Sixth Amendment rights under 'Cunningham v. California.' |
Criminal Law and Procedure |
|
Mar. 26, 2008 | |
|
G038430
|
Luckett v. Panos
Under Code of Civil Procedure Section 533, vexatious litigant must show change of circumstances to lift order that prevents litigant from filing. |
Civil Procedure |
|
Mar. 26, 2008 | |
|
06-35759
|
Whaley v. Belleque
Judicial estoppel bars state from taking different legal positions in state and federal court in order to create procedural default. |
Criminal Law and Procedure |
|
Mar. 26, 2008 | |
|
05-55829
|
Pierce v. County of Orange
When court orders relief relating to prison conditions, such relief shall continue if it is necessary to correct ongoing violation of right. |
Prisoners Rights |
|
Mar. 26, 2008 | |
|
05-35383
|
Foulon v. Klayman & Toskes PA
Order |
|
Mar. 26, 2008 | ||
|
C053362
|
People v. Miranda
Corpus delicti rule permits enhanced penalty for transportation of controlled substance between noncontiguous counties to be proved by defendant's statements alone. |
Criminal Law and Procedure |
|
Mar. 26, 2008 | |
|
06-984
|
Medellin v. Texas
Neither 'Avena' nor memorandum issued by President constitutes directly enforceable federal law pre-empting state rules concerning successive habeas petitions. |
Criminal Law and Procedure |
|
Mar. 26, 2008 | |
|
06-989
|
Hall Street Associates v. Mattel Inc.
Federal Arbitration Act provides expedited judicial review to confirm, vacate, or modify arbitration awards. |
Contracts |
|
Mar. 26, 2008 | |
|
07-50145
|
U.S. v. Anderson
Courts may order defendant, who has violated terms of supervised release multiple times, to term not exceeding original term of supervised release. |
Criminal Law and Procedure |
|
Mar. 26, 2008 | |
|
D048304
|
People v. Leon
Evidence is insufficient to show defendant aided and abetted crime as to which witness intimidation was natural and probable consequence. |
Criminal Law and Procedure |
|
Mar. 26, 2008 |