| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
A117896
|
Usef S., a Minor
Juvenile court has no duty to hold suitability hearing for deferred entry of judgment program if minor insists upon having contested jurisdictional hearing. |
Juveniles |
|
Feb. 21, 2008 | |
|
B197023
|
In re Corona
Failure to waive psychotherapist-patient privilege is not sufficient basis to revoke parole. |
Criminal Law and Procedure |
|
Feb. 21, 2008 | |
|
B194403
|
People v. Taylor
Appeals from civil commitments under Mentally Disordered Offender Act are exempt from 'Anders/Wende' judicial review requirements. |
Criminal Law and Procedure |
|
Feb. 21, 2008 | |
|
S160692
|
People v. Verdugo
Order |
|
Feb. 21, 2008 | ||
|
S159175
|
Uybungco v. S.C. (San Diego Police)
Order |
|
Feb. 21, 2008 | ||
|
S159999
|
Pugh v. W.C.A.B. (County of Los Angeles)
Order |
|
Feb. 21, 2008 | ||
|
S049973
|
People v. Kelly (Douglas Oliver)
Order |
|
Feb. 21, 2008 | ||
|
S144831
|
Metcalf v. County of San Joaquin
Because County was neither negligent in creating dangerous condition nor had notice of condition, it is not liable for plaintiff's injuries. |
Government |
|
Feb. 21, 2008 | |
|
05-55627
|
Jada Toys Inc. v. Mattel Inc.
In trademark infringement case, district court errs by only considering one ‘Sleekcraft’ factor in its likelihood of confusion analysis. |
Intellectual Property |
|
Feb. 21, 2008 | |
|
06-15033
|
Terbush v. United States
Government agency’s alleged negligence in maintaining wastewater system may be covered by discretionary function exception to Federal Tort Claims Act. |
Torts |
|
Feb. 21, 2008 | |
|
06-856
|
LaRue v. DeWolff, Boberg & Associates Inc.
ERISA Section 502(a)(2) permits recovery for fiduciary breaches that diminish value of plan assets in participant's individual account. |
Employment Law |
|
Feb. 20, 2008 | |
|
06-1463
|
Preston v. Ferrer
Where parties have agreed to arbitrate contractual disputes, Federal Arbitration Act supersedes state laws concerning primary jurisdiction. |
Contracts |
|
Feb. 20, 2008 | |
|
06-457
|
Rowe v. New Hampshire Motor Transport Association
Federal law pre-empts Maine's recipient-verification and deemed-to-know provisions regulating motor carriers that transport unlicensed tobacco. |
Constitutional Law |
|
Feb. 20, 2008 | |
|
06-179
|
Riegel v. Medtronic Inc.
Pre-emption clause of federal law bars state damages suit challenging safety or effectiveness of medical device which received premarket approval from FDA. |
Constitutional Law |
|
Feb. 20, 2008 | |
|
B194748
|
Titan Electric Corp. v. Los Angeles Unified School District
School district's consent to substitution of subcontractor is valid where substitution procedure complied in substance with reasonable objective of statute. |
Contracts |
|
Feb. 20, 2008 | |
|
06-8273
|
Danforth v. Minnesota
Federal law does not prevent state court from giving broader retroactive effect to new rule of criminal procedure. |
Criminal Law and Procedure |
|
Feb. 20, 2008 | |
|
C053778
|
People v. Reyes
No material difference exists between language found constitutional in CALJIC No. 2.50.02 and CALCRIM No. 852. |
Criminal Law and Procedure |
|
Feb. 20, 2008 | |
|
06-99005
|
Cook v. Schriro
Man who allegedly sodomized and killed two victims voluntarily waives counsel after accepting previously appointed attorney as advisory counsel. |
Criminal Law and Procedure |
|
Feb. 20, 2008 | |
|
06-30582
|
U.S. v. Murphy
Warrantless search made after defendant has denied consent but another individual with common authority has consented is invalid as to defendant. |
Criminal Law and Procedure |
|
Feb. 20, 2008 | |
|
06-35855
|
Arrington v. Daniels
Under Section 706 of Administrative Procedure Act, Bureau of Prisons fails to provide valid rationale for categorical exclusion rule. |
Administrative Agencies |
|
Feb. 20, 2008 | |
|
C055896
|
People v. Enriquez
Trial court erred in revoking Proposition 36 probation where petitions for revocation could be treated as single petition. |
Criminal Law and Procedure |
|
Feb. 20, 2008 | |
|
B200082
|
Goldman v. Simpson
State court retains jurisdiction to enter renewal of civil judgment against O.J. Simpson despite Simpson’s move to Florida. |
Civil Procedure |
|
Feb. 20, 2008 | |
|
D051271
|
Berardi v. Superior Court (People)
Under 'two dismissal rule,' in order to bar further prosecution of felony, at least two actions against defendant must have been previously terminated. |
Criminal Law and Procedure |
|
Feb. 20, 2008 | |
|
S049973
|
People v. Kelly
Video presentation that factually and realistically portrays murder victim’s life and supplements testimony by sole victim-impact witness is admissible. |
Criminal Law and Procedure |
|
Feb. 20, 2008 | |
|
A117221
|
Whitlock v. Foster Wheeler
New trial is properly granted where court's finding of prejudicial juror misconduct is not abuse of discretion. |
Torts |
|
Feb. 19, 2008 | |
|
C053116
|
People v. Mayberry
Weighted workout glove containing sand in palm area is not 'sandclub' or 'sandbag' for purposes of statute prohibiting possession of dangerous weapon. |
Criminal Law and Procedure |
|
Feb. 19, 2008 | |
|
F052009
|
Animal Legal Defense Fund v. Mendes
Causes of action based on alleged violation of state anti-cruelty laws may not be pursued by private parties in civil court. |
Civil Procedure |
|
Feb. 19, 2008 | |
|
C054168
|
California Public Employees' Retirement System v. Superior Court (Trobee)
Whistleblower is collaterally estopped from relitigating findings litigated in quasi-adjudicatory proceedings before State Personnel Board. |
Employment Law |
|
Feb. 19, 2008 | |
|
07-104
|
Opinion of Brown
Settlement agreement resolving litigation between city and city council member may be invalidated under Government Code Section 1090. |
Government |
|
Feb. 19, 2008 | |
|
07-470
|
Robinson v. Lehman
Order |
|
Feb. 19, 2008 |