| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
A114647
|
Security National Guaranty Inc. v. California Coastal Commission
California Coastal Commission lacks power to declare property environmentally sensitive habitat area during appeal from grant of coastal development permit. |
Environmental Law |
|
Jan. 29, 2008 | |
|
05-76201
|
Abebe v. Mukasey
Order |
|
Jan. 29, 2008 | ||
|
05-16971
|
Arizona Life Coalition Inc. v. Stanton
Because specialty license plates are private speech, state’s denial of philanthropic organization’s request for specialty license plate bearing its motto, ‘Choose Life,’ is unconstitutional. |
Constitutional Law |
|
Jan. 29, 2008 | |
|
05-75515
|
Local Joint Executive Board of Las Vegas v. National Labor Relations Board
Human resources managers who interrupt employees about to sign union cards is not unlawful surveillance violating National Labor Relations Act. |
Labor Law |
|
Jan. 29, 2008 | |
|
06-30215
|
U.S. v. Snipe
If police discover evidence of illegal activity while responding to emergency, it is admissible even if not found based on probable cause. |
Criminal Law and Procedure |
|
Jan. 29, 2008 | |
|
05-50550
|
U.S. v. Lococo
Where wiretap application states that various prior attempted investigative techniques have failed, court does not abuse its discretion in finding wiretap justified. |
Criminal Law and Procedure |
|
Jan. 29, 2008 | |
|
B198361
|
Mariah T., a Minor
Definition of 'serious physical injury' in Welfare and Institutions Code Section 300 has sufficiently well-established meaning and is therefore not vague. |
Juveniles |
|
Jan. 29, 2008 | |
|
S143615
|
People v. Lopez
Prosecutor does not commit misconduct by mentioning defendant’s profession as priest and highly publicized sexual abuse cases involving clergy. |
Criminal Law and Procedure |
|
Jan. 29, 2008 | |
|
S145428
|
Marathon Entertainment Inc. v. Blasi
Personal manager who procures employment without talent agency license may still recover commission if genuine dispute exists over contract's severable portions. |
Contracts |
|
Jan. 29, 2008 | |
|
G037363
|
Saxena v. Goffney
Physician is entitled to judgment notwithstanding the verdict where special verdict form did not require jury to determine whether he committed battery. |
Civil Procedure |
|
Jan. 28, 2008 | |
|
B197381
|
Silvia R., a Minor
When child is removed from home, court cannot order relatives with whom child is not placed to participate in counseling or education programs. |
Juveniles |
|
Jan. 28, 2008 | |
|
B197412
|
Jennifer T. v. Superior Court (Los Angeles County Dept. of Children and Family Services)
In family law case, purported appeal from order terminating reunification services is construed as petition for writ of mandate. |
Family Law |
|
Jan. 28, 2008 | |
|
B198118
|
County of Los Angeles v. Superior Court (Oronoz)
Plaintiff need not comply with county code ordinance’s requirements for tax claims where such ordinance is not ‘statute’ under Government Claims Act. |
Taxation |
|
Jan. 28, 2008 | |
|
08-55054
|
Natural Resources Defense Council Inc. v. Winter
Order |
|
Jan. 28, 2008 | ||
|
06-10642
|
U.S. v. Cherer
Where evidence overwhelmingly proves element of crime missing from jury instructions, failure to give clear instruction is harmless. |
Criminal Law and Procedure |
|
Jan. 28, 2008 | |
|
07-30133
|
U.S. v. Carr
Gross misdemeanor violation of protection order becomes predicate offense for felon in possession of firearm who pleads guilty to all statute's elements. |
Criminal Law and Procedure |
|
Jan. 28, 2008 | |
|
B185391
|
County of San Bernardino v. Walsh
Public officials and other fiduciaries cannot profit by breach of their fiduciary duty and disgorgement of profits is applicable when this happens. |
Government |
|
Jan. 28, 2008 | |
|
A116116
|
Wells Fargo Bank v. Superior Court (Richtenburg)
Class action brought against bank based on state law is preempted by federal securities law. |
Securities |
|
Jan. 28, 2008 | |
|
C055711
|
Verga v. Workers' Compensation Appeals
Bd.
Public officials and other fiduciaries cannot profit by breach of their fiduciary duty and disgorgement of profits is applicable when this happens. |
Workers' Compensation |
|
Jan. 28, 2008 | |
|
B196415
|
People v. Reyes
Error in admitting incriminating statement during trial is harmless beyond reasonable doubt due to overwhelming evidence of guilt. |
Criminal Law and Procedure |
|
Jan. 28, 2008 | |
|
B197829
|
Bayer-Bel v. Litovsky
Negligent driver in accident involving three defendants is severally liable for plaintiff's noneconomic damages only in direct proportion to percentage of fault. |
Torts |
|
Jan. 28, 2008 | |
|
D051293
|
CashCall Inc. v. Superior Court (Cole)
Trial court properly orders precertification discovery in class action for purpose of identifying class members. |
Civil Procedure |
|
Jan. 25, 2008 | |
|
B193031
|
Marriage of Rothrock
Personal injury settlement annuity payments are not considered income for purposes of determining child support. |
Family Law |
|
Jan. 25, 2008 | |
|
S159324
|
People v. Marble
Order |
|
Jan. 25, 2008 | ||
|
S144492
|
Manta Management v. City of San Bernardino
Order |
|
Jan. 25, 2008 | ||
|
S140918
|
Wells on Discipline
Order |
|
Jan. 25, 2008 | ||
|
05-10067
|
U.S. v. Comprehensive Drug Testing Inc.
Seizure of massive amounts of confidential medical information is justified if intermingled with records that are responsive to search warrant. |
Criminal Law and Procedure |
|
Jan. 25, 2008 | |
|
04-73484
|
Morales v. Mukasey
Lawyer provides ineffective assistance to immigrant mother who met physical presence and exceptional hardship requirements for cancellation of removal. |
Immigration |
|
Jan. 25, 2008 | |
|
06-35310
|
Contractors Equipment Maintenance Co. Inc. v. Bechtel Hanford Inc.
Supersedeas bond does not encompass judgment against two parties where bond agreement indicates only one party as principal. |
Civil Procedure |
|
Jan. 25, 2008 | |
|
05-16976
|
Beltran v. Santa Clara County
Social workers are not entitled to absolute immunity from claims that they fabricated evidence and made false statements in dependency petition. |
Family Law |
|
Jan. 25, 2008 |