| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S157645
|
People v. Randall
Order |
|
Jan. 8, 2008 | ||
|
S157793
|
Guzman v. County of Monterey
Order |
|
Jan. 8, 2008 | ||
|
S145541
|
Sprint Telephony PCS v. County of San Diego
Order |
|
Jan. 8, 2008 | ||
|
07-212
|
Wright v. Van Patten
Order |
|
Jan. 8, 2008 | ||
|
07-110
|
Arave v. Hoffman
Order |
|
Jan. 8, 2008 | ||
|
03-10311
|
U.S. v. Grubbs
Order |
|
Jan. 8, 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 |
|
Jan. 8, 2008 | |
|
05-50410
|
U.S. v. Forrester
In case where defendant used Internet to help run Ecstasy lab, computer surveillance by government does not constitute search under Fourth Amendment. |
Criminal Law and Procedure |
|
Jan. 8, 2008 | |
|
05-35647
|
Garcia v. Brockway
Order |
|
Jan. 8, 2008 | ||
|
05-16833
|
United Steelworkers of America v. Retirement Income Plan for Hourly-Rated Employees of ASARCO Inc.
Court grants union summary judgment where retirement dispute falls within arbitration clause but must determine effect of automatic stay on attorney fees. |
Labor Law |
|
Jan. 8, 2008 | |
|
D049612
|
Otay River Constructors v. San Diego Expressway
Where plaintiff's petition to compel arbitration is deemed action on contract, defendant is prevailing party as matter of law. |
Civil Procedure |
|
Jan. 8, 2008 | |
|
07-21
|
Crawford v. Marin County Election Bd.
Order |
|
Jan. 8, 2008 | ||
|
F051882
|
People v. McFearson
Court may not use fact of defendant’s prior convictions to impose aggravated sentence and enhance his sentence. |
Criminal Law and Procedure |
|
Jan. 8, 2008 | |
|
06-7517
|
Irizarry v. United States
Order |
|
Jan. 8, 2008 | ||
|
07-210
|
Bridge v. Phoenix Bond & Indemnity
Order |
|
Jan. 8, 2008 | ||
|
07-330
|
Greenlaw v. United States
Order |
|
Jan. 8, 2008 | ||
|
07-343
|
Kennedy v. Louisiana
Capitol punishment for child rape is unconstitutional. |
Criminal Law and Procedure |
|
Jan. 8, 2008 | |
|
07-411
|
Plains Commerce Bank v. Long Family Land & Cattle
Order |
|
Jan. 8, 2008 | ||
|
07-552
|
Sprint Communications v. APCC Services Inc.
Order |
|
Jan. 8, 2008 | ||
|
B198100
|
Genlyte Group LLC v. WCAB
Treating physician or medical-legal report need not state worker's condition has reached permanent and stationary status to show permanent disability exists. |
Workers' Compensation |
|
Jan. 7, 2008 | |
|
06-30341
|
U.S. v. Perez-Perez
Sentencing court need not explicitly reference each argument in mitigation presented, so long as it sets forth reasoned basis for sentence imposed. |
Immigration |
|
Jan. 7, 2008 | |
|
B193831
|
People v. Lawrence
Deprivation of counsel at critical stage of criminal trial is constitutional error affecting trial process, requiring reversal. |
Criminal Law and Procedure |
|
Jan. 4, 2008 | |
|
D048643
|
Dicola v. White Bros. Performance Products Inc.
In products liability action, hearsay declaration by plaintiffs' counsel does not raise triable issue showing defendants manufactured and distributed defective product. |
Civil Procedure |
|
Jan. 4, 2008 | |
|
B190190
|
Hirano v. Hirano
Party’s failure to exchange expert information before initial trial date is irrelevant once resultant judgment is reversed and discovery reopened. |
Civil Procedure |
|
Jan. 4, 2008 | |
|
H026841
|
Modification: Schmidlin v. City of Palo Alto
Statute of limitations for claim of excessive force is tolled after individual is served with notice to appear on charges against him. |
Administrative Agencies |
|
Jan. 4, 2008 | |
|
A115464
|
People v. Sudar
Failure to instruct jury that prosecution must prove defendant’s inability to control his behavior in order to extend his commitment is harmless error. |
Criminal Law and Procedure |
|
Jan. 4, 2008 | |
|
06-55392
|
Hayward v. Marshall
Governor's reversal of parole is not supported by evidence that prisoner's release would threaten public safety thus violates prisoner's due process rights. |
Criminal Law and Procedure |
|
Jan. 4, 2008 | |
|
04-35509
|
Saleh v. Fleming
Phone conversation with police investigators initiated by suspect in jail for unrelated offense did not constitute 'custodial interrogation' under <EM>Miranda</EM>. |
Criminal Law and Procedure |
|
Jan. 4, 2008 | |
|
07-35506
|
Bering Strait Citizens for Responsible Resource Development v. U.S. Army Corps of Engineers
Engineers properly discount alternatives to discharging dredge from gold mines into Alaskan wetlands before issuing permit under Clean Water Act. |
Environmental Law |
|
Jan. 4, 2008 | |
|
06-55624
|
Weinstein, Eisen & Weiss v. Gill (In re Cooper Commons)
Due to waiver contained in loan agreement between debtor and lender, debtor’s counsel is barred from asserting claim for payment against that collateral. |
Bankruptcy |
|
Jan. 4, 2008 |