| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
05-56254
|
North Sports Inc. v. Knupfer (In re Wind N' Wave)
Bankruptcy appellate panel improperly denies creditors compensation for services stemming from successful appeal of denial of fee award. |
Bankruptcy |
|
Dec. 4, 2007 | |
|
06-55405
|
Perfect 10 Inc. v. Amazon.com Inc.
Google thumbnails do not infringe Perfect 10's exclusive rights to copyrighted photographs of nude models. |
Intellectual Property |
|
Dec. 4, 2007 | |
|
05-35805
|
Goodstein v. Continental Casualty Co.
Insurance company must prove prejudice from receiver's delay in suing for defense costs from litigation over sale of contaminated sites. |
Insurance |
|
Dec. 4, 2007 | |
|
06-6911
|
Logan v. U.S.
Offender who retained civil rights and whose postconviction legal status remained unaltered by any state dispensation is not exempted from enhanced sentencing. |
Criminal Law and Procedure |
|
Dec. 4, 2007 | |
|
06-1287
|
CSX Transportation Inc. v. Georgia State Board of Equalization
1976 railroad law permits railroad to attempt to show state's property valuation methods result in discriminatory determination of true market value. |
Government |
|
Dec. 4, 2007 | |
|
G037287
|
Trujillo v. First American Registry Inc.
Party opposing summary judgment must show that matters alleged raise triable question of fact that is sufficient to entitle opposing party to judgment. |
Civil Procedure |
|
Dec. 4, 2007 | |
|
G037225
|
Ortiz v. Lyon Management Group Inc.
ICRAA is unconstitutionally vague as applied to tenant screening reports containing unlawful detainer information. |
Constitutional Law |
|
Dec. 4, 2007 | |
|
06-70396
|
Ramirez v. Mukasey
Inclusion of ‘qualifying crime’ in indictment or complaint is not predicate to alien’s eligibility for temporary ‘U’ nonimmigrant status. |
Immigration |
|
Dec. 4, 2007 | |
|
05-99004
|
Cooper v. Brown
Petitioner’s actual innocence claim fails to satisfy either 'Schlup v. Delo' or AEDPA standards when there is overwhelming evidence of his guilt. |
Criminal Law and Procedure |
|
Dec. 4, 2007 | |
|
04-55831
|
Smith v. Patrick
State court's affirmance of conviction is unreasonable application of law where wholly unsupported by evidence that mother shook baby to death. |
Criminal Law and Procedure |
|
Dec. 4, 2007 | |
|
D049593
|
People v. Zacarias
Defendant is not vicariously liable for kidnapping for financial gain where federal crime of alien transportation does not support underlying conspiracy charge. |
Criminal Law and Procedure |
|
Dec. 4, 2007 | |
|
S147724
|
City of Los Angeles v. 2000 Jeep Cherokee
Order |
|
Dec. 4, 2007 | ||
|
S153059
|
Massie v. Ralphs Grocery
Order |
|
Dec. 4, 2007 | ||
|
S135582
|
Conservatorship of Karen N.
Order |
|
Dec. 4, 2007 | ||
|
B191125
|
Washington Mutual Bank v. Blechman
When party seeks to set aside trustee's sale in foreclosure proceeding, it is presumed that parties to sale transaction are indispensable parties. |
Real Property |
|
Dec. 4, 2007 | |
|
07-284
|
Maryland v. Paulino
Order |
|
Dec. 3, 2007 | ||
|
07-437
|
Michigan v. Frazier
Order |
|
Dec. 3, 2007 | ||
|
07-6768
|
Al-Hakim v. Publix Supermarkets
Order |
|
Dec. 3, 2007 | ||
|
A110774
|
People v. Muhammad
Even if defendant satisfies separate penalty provisions for crime of stalking, he may only be convicted of one count of stalking. |
Criminal Law and Procedure |
|
Dec. 3, 2007 | |
|
B195454
|
Klistoff v. Superior Court (City of South Gate)
City has no conspiracy claim against interested parties who did not receive payment from contract as public official or employee. |
Government |
|
Dec. 3, 2007 | |
|
G035041
|
People v. Tillotson
Trial court errs in failing to instruct on element of crime, imposing multiple status enhancements and imposing concurrent sentences without explanation. |
Criminal Law and Procedure |
|
Dec. 3, 2007 | |
|
G038394
|
Joshua D., a Minor
Juvenile facing commitment due to mental illness may decline to testify under Welfare and Institution Code's extension of 'all' constitutional procedural rights. |
Juveniles |
|
Dec. 3, 2007 | |
|
A116212
|
People v. Adanandus
To dispute peremptory challenges, defendant must prove prima facie case, state has burden to offer race-neutral justifications, and court decides purposeful discrimination. |
Criminal Law and Procedure |
|
Dec. 3, 2007 | |
|
05-16386
|
Arizona Health Care Cost Containment System v. McClellan
IHCIA limits Native Americans' eligibility for total reimbursement of Medicaid costs to services provided by qualifying Indian Health Service facility. |
Government |
|
Dec. 3, 2007 | |
|
S139237
|
City of Stockton v. Superior Court (Civic Partners Stockton LLC)
Government Code requires developer to present city and public entity with breach of contract claim before filing suit for repudiation of lease. |
Government |
|
Dec. 3, 2007 | |
|
A119308
|
Abernathy v. Superior Court (People)
In cases where death penalty may be imposed, daily transcripts of preliminary hearing must be prepared, certified and distributed to court and parties. |
Criminal Law and Procedure |
|
Dec. 3, 2007 | |
|
S142508
|
People v. Alford
Application of $20 security fee prior to operative date of its enacting legislation is proper because legislature intended that this fee apply retroactively. |
Criminal Law and Procedure |
|
Dec. 3, 2007 | |
|
06-35993
|
Bolt v. United States
Government may be held liable for plaintiff’s fall caused by Army’s failure to clear snow and ice from common parking area. |
Government |
|
Dec. 3, 2007 | |
|
06-70663
|
Avila-Sanchez v. Mukasey
Alien deported under lawful removal order and illegally returns cannot dispute law when it undergoes change because final judgment withstands judicial change. |
Immigration |
|
Dec. 3, 2007 | |
|
05-56533
|
Action Apartment Association Inc. v. Santa Monica Rent Control Board
Court properly dismisses complaint brought by landlords challenging rent control ordinance under Fifth Amendment. |
Constitutional Law |
|
Dec. 3, 2007 |