| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
05-35567
|
J&J Celcom v. AT&T Wireless Services Inc.
Controlling partner does not violate its duty of loyalty by causing partnership to sell its assets to affiliated party. |
Corporations |
|
Nov. 25, 2007 | |
|
E040720
|
People v. Thurman
Defendant who pleads guilty cannot appeal carjacking conviction without certificate of probable cause nor challenge counsel's refusal to move for new trial. |
Criminal Law and Procedure |
|
Nov. 25, 2007 | |
|
D051108
|
Jesse W., A Minor
Juvenile court has discretion to terminate reunification services for one parent but not the other without setting selection and implementation hearing. |
Family Law |
|
Nov. 25, 2007 | |
|
G038766
|
Carl v. Superior Court (Coast Community College District)
‘Notice of unavailability’ purportedly filed pursuant to <EM>Tenderloin Housing Clinic, Inc. v. Sparks </EM> is fictional, non-fileable document. |
Civil Procedure |
|
Nov. 25, 2007 | |
|
C053866
|
California Forestry Association v. California Fish & Game Commission
Two 'evolutionarily significant units' within 'California range' of coho salmon are properly listed as 'endangered and threatened' species under CESA. |
Environmental Law |
|
Nov. 22, 2007 | |
|
A117235
|
Christopher B., a Minor
Because accomplice corroboration rule does not apply to juvenile proceedings, court did not err in sustaining subsequent petition against ward. |
Juveniles |
|
Nov. 22, 2007 | |
|
07-1152
|
Rooz v. Kimmel (In re Kimmel)
Community property discharge in spouse’s bankruptcy case discharges community from then-existing community claims. |
Bankruptcy |
|
Nov. 22, 2007 | |
|
07-1201
|
Pak v. eCast Settlement Corp. (In re Pak)
Bankruptcy court properly considers change in debtor's financial situation in declining to confirm amended Chapter 13 plan. |
Bankruptcy |
|
Nov. 22, 2007 | |
|
C054705
|
David A. v. Victor D.
Order |
|
Nov. 22, 2007 | ||
|
D049449
|
Bjork v. State Farm Fire and Casualty Co.
Resident relative exclusion bars coverage of mother's liability to daughter for negligence in failing to prevent sexual molestation by daughter's father. |
Insurance |
|
Nov. 22, 2007 | |
|
A117051
|
Murphy v. Burch
Landlocked property has no 'intended' easement by necessity across neighboring parcel where common owner never condemned right-of-way before granting land. |
Real Property |
|
Nov. 20, 2007 | |
|
A114840
|
Brumley v. FDCC California Inc.
Heirs’ wrongful death and loss of consortium claims do not relate back to decedent’s personal injury claims arising from his fatal injury. |
Civil Procedure |
|
Nov. 20, 2007 | |
|
F050519
|
Med-Trans Corp. v. City of California City
Party seeking to disqualify attorney for conflict of interest must show that attorney acquired confidential information during attorney's prior conversation with party. |
Attorneys |
|
Nov. 20, 2007 | |
|
B190481
|
Bi-Rite Meat & Provisions Co. v. The Redevelopment Agency of the City of Hawaiian Gardens
Where meat market's property was acquired by city, claim for relocation benefits is untimely under California Code of Regulations. |
Real Property |
|
Nov. 20, 2007 | |
|
B194205
|
Guimaraes v. Northrop Grumman Corp.
10-year limitations period applies to Brazilian lawyer's action seeking enforcement of foreign judgment. |
Civil Procedure |
|
Nov. 20, 2007 | |
|
A114692
|
JPI Westcoast Construction LP v. RJS & Associates Inc.
Where plaintiff was excess to policy, having paid part of settlement funds on behalf of insurer, plaintiff was entitled to seek reimbursement. |
Insurance |
|
Nov. 20, 2007 | |
|
05-55367
|
Wah Chang v. Duke Energy Trading Marketing LLC
Filed rate doctrine bars electricity purchaser's suit against energy companies whose market manipulation resulted in unfair tariffs set by FERC. |
Antitrust |
|
Nov. 20, 2007 | |
|
04-16095
|
Fisher v. City of San Jose
In stand-off situation, officers must attempt to obtain arrest warrant if exigency of situation dissipates to point where they may safely do so. |
Criminal Law and Procedure |
|
Nov. 20, 2007 | |
|
A114623
|
Cold Creek Compost Inc. v. State Farm Fire and Casualty Co.
Insurance company prevails in indemnity action where policy's pollution exclusion applies to odor, dust and noise caused by plaintiff's facility. |
Insurance |
|
Nov. 20, 2007 | |
|
B190431
|
Harrington-Wisely v. State of California
Stipulated judgment that fails to resolve all claims between parties may not be appealed. |
Civil Procedure |
|
Nov. 20, 2007 | |
|
D050408
|
Nolan W., a Minor
Juvenile court abuses discretion by incarcerating mother for her contempt of order to enroll in substance abuse treatment. |
Juveniles |
|
Nov. 20, 2007 | |
|
E041858
|
Garretson v. Post
Trial court correctly found nonjudicial foreclosure proceedings were not constitutionally protected activity under anti-SLAPP statute. |
Civil Procedure |
|
Nov. 20, 2007 | |
|
G036836
|
People v. King
Absent evidence that defendant harbored separate intent to commit murder during robbery and burglary, separate sentences for each crime are inappropriate. |
Criminal Law and Procedure |
|
Nov. 20, 2007 | |
|
C053411
|
People v. Andra
Where defendant had opportunity to reflect and renew her intent between commission of multiple crimes, concurrent sentences for each crime is proper. |
Criminal Law and Procedure |
|
Nov. 20, 2007 | |
|
D049387
|
TG Oceanside v. City of Oceanside
Owner of rent-controlled property must show adjustments provided in rent-control ordinance deprive it of ‘fair return’ in order to raise rents. |
Real Property |
|
Nov. 19, 2007 | |
|
H031292
|
Julian R., a Minor
Juvenile court is presumed to have properly exercised its discretion in setting maximum period of confinement based on facts and circumstances of case. |
Juveniles |
|
Nov. 19, 2007 | |
|
H030031
|
In re Dannenberg
Governor's parole grant reversal is not supported by some evidence where defendant's continued danger to society is based solely on commitment offense. |
Criminal Law and Procedure |
|
Nov. 19, 2007 | |
|
06-55045
|
Gardner v. UICI
In removal case, fees are erroneously awarded to plaintiff where reasonable defendant could have deemed federal court to be proper forum. |
Civil Procedure |
|
Nov. 19, 2007 | |
|
05-77020
|
Grigoryan v. Keisler
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 |
|
Nov. 19, 2007 | |
|
05-30356
|
U.S. v. Garcia
Court may impose sentence within range of plea agreement and condition supervised release on implied number of drug tests and disclosure requirements. |
Criminal Law and Procedure |
|
Nov. 19, 2007 |