| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
F051804
|
People v. Mejia
Trial court must hold 'Marsden' hearing after defendant personally instructs counsel to move for new trial based on his conduct at trial. |
Criminal Law and Procedure |
|
Feb. 6, 2008 | |
|
05-77020
|
Grigoryan v. Mukasey
Filing of boilerplate brief deprives alien of meaningful appellate review, and gives rise to presumption that alien was prejudiced by counsel’s inadequate performance. |
Immigration |
|
Feb. 6, 2008 | |
|
05-56125
|
John v. City of El Monte
Despite his unseemly hasty actions, officer had probable cause to arrest female teacher alleged to have molested student. |
Civil Rights |
|
Feb. 6, 2008 | |
|
B194088
|
Nygård Inc. v. Uusi-Kerttula
Employer’s claims arising from statements made by former employee are properly stricken pursuant to anti-SLAPP motion. |
Civil Procedure |
|
Feb. 5, 2008 | |
|
A117045
|
J.L., a Minor
Family Code Section 7575 gives respondent standing to assert constitutional paternity right over biological son. |
Juveniles |
|
Feb. 5, 2008 | |
|
A117317
|
Good v. Superior Court (People)
Misdemeanant required to register as sex offender must submit to DNA sample under Proposition 69. |
Criminal Law and Procedure |
|
Feb. 5, 2008 | |
|
A112028
|
People v. The Pacific Lumber Co.
Where State sues company for alleged fraudulent business practices, action is barred under Civil Code because communications are privileged. |
Government |
|
Feb. 5, 2008 | |
|
06-30190
|
U.S. v. Jennings
Where defendant's arrest is valid under state law based on probable cause, evidence obtained incident to search is admissible. |
Criminal Law and Procedure |
|
Feb. 5, 2008 | |
|
S029489
|
People v. Howard
Prosecutor’s notice of intent to introduce certain aggravating evidence before penalty phase but after jury selection is not constitutionally infirm. |
Criminal Law and Procedure |
|
Feb. 5, 2008 | |
|
C055155
|
In re J.G.
Prisoner serving life sentences outside California under Federal Witness Protection Program has right to appear personally at parole board hearing. |
Criminal Law and Procedure |
|
Feb. 5, 2008 | |
|
H029860
|
People v. McDaniel
Defendant is denied due process where he is shackled during trial without finding of cause. |
Criminal Law and Procedure |
|
Feb. 4, 2008 | |
|
A112977
|
S&S Cummins Corp. v. West Bay Builders Inc.
Penalty charge for contractor’s wrongful refusal to release retention payment is applied annually and ceases accruing upon entry of judgment. |
Contracts |
|
Feb. 4, 2008 | |
|
A117772
|
In re Crockett
California trial court lacks jurisdiction to convict juvenile sex offender adjudicated in Texas of failure to register as sex offender in California. |
Criminal Law and Procedure |
|
Feb. 4, 2008 | |
|
C053918
|
Noble v. Draper
Plaintiffs’ fraud and unfair business practice claims against defendants are not precluded by prior administrative hearing concerning their wage claims. |
Civil Procedure |
|
Feb. 4, 2008 | |
|
B194037
|
McClain v. Octagon Plaza
Plaintiff leasing commercial space is entitled to accounting with respect to her share of common expenses. |
Real Property |
|
Feb. 4, 2008 | |
|
E042054
|
Estate of Garrett
Surviving spouse has priority to administer decedent's estate but can choose to nominate another person to manage estate property. |
Probate and Trusts |
|
Feb. 4, 2008 | |
|
A114805
|
Northwest Energetic Services v. California Franchise Tax Board
Fee imposed on limited liability company based on its total in-state and out-of-state income violates Commerce Clause. |
Taxation |
|
Feb. 4, 2008 | |
|
05-56653
|
Bank of New York v. Fremont General Corp.
Bank proves corporate parent intentionally interferes with contract by transferring funds held in custodial account to pay workers compensation claims. |
Torts |
|
Feb. 4, 2008 | |
|
05-35627
|
Cascade Health Solutions v. PeaceHealth
Order |
|
Feb. 4, 2008 | ||
|
05-35627
|
Cascade Health Solutions v. PeaceHealth
Bundled discounts offered by hospital care provider are not exclusionary conduct under Section 2 of Sherman Act unless they are predatory. |
Antitrust |
|
Feb. 4, 2008 | |
|
05-16577
|
Dible v. City of Chandler
Police officer's First Amendment rights were not violated when he was fired for maintaining and participating in sexually explicit website with his wife. |
Constitutional Law |
|
Feb. 4, 2008 | |
|
A118657
|
Dell Inc. v. Superior Court (Mohan)
Service contract sold for lump sum with computer need not be listed on itemized invoice in order to be exempt from taxation. |
Taxation |
|
Feb. 4, 2008 | |
|
C053067
|
Gallo Cattle Co. v. Kawamura
Assessment levied on milk products in order to fund ‘Real California Cheese’ advertising campaign does not violate cheese manufacturer's free speech rights. |
Constitutional Law |
|
Feb. 4, 2008 | |
|
D050080
|
Sarah B. v Floyd B.
Parent residing with child in Colorado at time she seeks assistance of California family court is not required to return child to California. |
Family Law |
|
Feb. 4, 2008 | |
|
C054780
|
Vasquez v. Happy Valley Union School District
School district may terminate employment of substitute who is not reelected for permanent position after two consecutive years as probationary teacher. |
Education |
|
Feb. 4, 2008 | |
|
G036432
|
Miller v. Collectors Universe Inc.
Plaintiff's single cause of action for wrongful appropriation of his name limits him to statutory damages. |
Torts |
|
Feb. 4, 2008 | |
|
B200226
|
02 Development LLC v. 607 South Park LLC
Limited liability company may enforce pre-incorporation contracts made on its behalf. |
Corporations |
|
Feb. 1, 2008 | |
|
B183532
|
County of Ventura v. Channel Islands Marina Inc.
County landlord is not liable for lessee’s damages caused by newly enacted government regulation preventing lessee from removing improvements made to land. |
Real Property |
|
Feb. 1, 2008 | |
|
D049276
|
Fourth La Costa v. Seith
Reduction of percentage of owners necessary to amend CC&Rs was constitutional and did not exceed court’s statutory authority. |
Real Property |
|
Feb. 1, 2008 | |
|
B194130
|
Holmgren v. County of Los Angeles
Engineers who perform work outsourced to contracting firms are not 'common law employees' entitled to civil service and retirement benefits from county. |
Government |
|
Feb. 1, 2008 |