| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
06-75021
|
Orozco v. Mukasey
Alien who enters country by fraudulent means is statutorily ineligible for adjustment of status. |
Immigration |
|
Mar. 26, 2008 | |
|
06-55936
|
Manzarek v. St. Paul Fire & Marine Insurance Co.
Insurer's motion to dismiss is improperly granted where allegations in underlying complaint raise potential for coverage under policy. |
Insurance |
|
Mar. 26, 2008 | |
|
06-74228
|
Fernandez v. Mukasey
Eligibility for cancellation of removal requires applicant to establish removal would result in exceptional and extremely unusual hardship to alien's child. |
Immigration |
|
Mar. 26, 2008 | |
|
B196817
|
Yari v. Producers Guild of America Inc.
Where defendants did not 'certify' anyone as producer for purposes of film's nomination, common law right of fair procedure does not apply. |
Civil Procedure |
|
Mar. 26, 2008 | |
|
D050433
|
Qualcomm Inc. v. Certain Underwriters at Lloyd's London
Settlement with primary insurer for amount below policy limit does not exhaust coverage for purposes of triggering underwriters' excess coverage obligation. |
Insurance |
|
Mar. 26, 2008 | |
|
D049905
|
Searles Valley Minerals Operations Inc. v. State Board of Equalization
Purchase of coal is subject to California use tax where coal is consumed in process of generating electricity, not incorporated into electricity. |
Taxation |
|
Mar. 26, 2008 | |
|
E040946
|
Bruni v. Didion
Arbitration provisions are unconscionable where they are contained in contract of adhesion and violate plaintiffs' reasonable expectations. |
Contracts |
|
Mar. 25, 2008 | |
|
07-953
|
Citizens United v. FEC
Order |
|
Mar. 25, 2008 | ||
|
07-9256
|
Sanchez v. United States
Order |
|
Mar. 25, 2008 | ||
|
07-9289
|
Williams v. United States
Order |
|
Mar. 25, 2008 | ||
|
07-608
|
U.S. v. Hayes
Order |
|
Mar. 25, 2008 | ||
|
07-751
|
Pearson v. Callahan
Order |
|
Mar. 25, 2008 | ||
|
07-960
|
Ohio v. Siler
Order |
|
Mar. 25, 2008 | ||
|
07-8950
|
Thompson v. Davis
Order |
|
Mar. 25, 2008 | ||
|
07-9195
|
Murray v. Souter
Order |
|
Mar. 25, 2008 | ||
|
05-10200
|
U.S. v. Carty
Courts must use sentencing guidelines as starting point, and consider 18 U.S.C. Section 3553(a) factors to determine if courts support suggested sentence. |
Criminal Law and Procedure |
|
Mar. 25, 2008 | |
|
04-73309
|
Huang v. Mukasey
Case remanded to determine whether petitioners failed to prove past or well-founded fear of future persecution. |
Immigration |
|
Mar. 25, 2008 | |
|
S089463
|
In re Lawley
Habeas corpus petitioner fails to establish actual innocence even though killer's declaration states petitioner was not involved in murder. |
Criminal Law and Procedure |
|
Mar. 25, 2008 | |
|
C055107
|
William K., a Minor
Court did not err in failing to set aside voluntary declaration of paternity executed by another man. |
Family Law |
|
Mar. 25, 2008 | |
|
S145959
|
In re Smith
Commitment proceedings cannot continue against sexually violent predator whose current custody is based on conviction that is later reversed. |
Criminal Law and Procedure |
|
Mar. 25, 2008 | |
|
D050554
|
People v. McKee
Under amended act, defendant's due process rights were not violated when he was civilly committed because he was ‘dangerous’ and mentally ill. |
Criminal Law and Procedure |
|
Mar. 24, 2008 | |
|
B198883
|
Harrington v. Payroll Entertainment Services Inc.
After court finds lawyers billed excessive hours, reasonable attorney fees are $500, not $46,000 as claimed by plaintiff. |
Attorneys |
|
Mar. 24, 2008 | |
|
G038244
|
Pacific Hills Homeowners Association v. Prun
Action brought against homeowners is subject to five-year statute of limitations even though set-back restriction was not recorded in CC&Rs. |
Real Property |
|
Mar. 24, 2008 | |
|
G038591
|
Brodke v. Alphatec Spine Inc.
Under Code of Civil Procedure Section 1281.2, party petitioning to enforce arbitration clause cannot simultaneously deny existence of contract containing arbitration provision. |
Civil Procedure |
|
Mar. 24, 2008 | |
|
B189262
|
Hammond v. County of Los Angeles
In FEHA race and age discrimination case, evidence shows that within limitations period, supervisor restricted nursing instructor's teaching assignments. |
Employment Law |
|
Mar. 24, 2008 | |
|
A113034
|
1100 Park Lane Associates v. Feldman
Anti-SLAPP statute and litigation privilege bar evicted tenants' causes of action except for those based on negligent misrepresentation by building's agent. |
Civil Procedure |
|
Mar. 24, 2008 | |
|
06-35112
|
Canyon Country v. Syngeta Seeds Inc.
County lacked statutory standing to proceed with its federal RICO claims against four defendant companies. |
Government |
|
Mar. 24, 2008 | |
|
C056541
|
R.K., a Minor
Minor did not violate Penal Code Section 647(f) where he was found in woodshed located near house, which was not ‘public place.’ |
Juveniles |
|
Mar. 24, 2008 | |
|
A117494
|
California Sportfishing Protection Alliance v. State Water Resources Control Board
Findings of State Water Resource Board of beneficial uses of creek are supported by evidence and complied with environmental review requirements. |
Environmental Law |
|
Mar. 24, 2008 | |
|
S093765
|
People v. Gay
Based on 'People v. Terry,' court erred when it barred defendant from offering mitigating evidence concerning circumstances of murder during penalty trial. |
Criminal Law and Procedure |
|
Mar. 21, 2008 |