| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
A105905
|
People v. Tu
Trial court's imposition of upper term sentence based on defendant's record of prior juvenile petitions does not violate his Sixth Amendment rights. |
Criminal Law and Procedure |
|
Sep. 23, 2007 | |
|
A116420
|
Jacqueline T. v. Alameda County Child Protective Services
Social worker is immune from liability for alleged negligent conduct in investigating child sexual abuse case. |
Government |
|
Sep. 23, 2007 | |
|
G037638
|
Holcomb v. Wells Fargo Bank
Depositor who relies on manager's assurance to write checks against dishonored deposit properly alleges negligent misrepresentation, not breach of contract or negligence. |
Civil Procedure |
|
Sep. 23, 2007 | |
|
B196277
|
D.R., a Minor
Juvenile court did not automatically lose jurisdiction over guardianship when minor turned 18 years old. |
Juveniles |
|
Sep. 23, 2007 | |
|
H029818
|
Thompson Pacific Construction Inc. v. City of Sunnyvale
In case involving construction contract, penalty imposed under Subletting and Subcontracting Fair Practices Act is stricken. |
Contracts |
|
Sep. 23, 2007 | |
|
05-16366
|
Washington v. Bert Bell/Pete Rozelle NFL Player Retirement Plan
Retirement Board did not breach its fiduciary duty by failing to disclose case law bearing on old NFL player retirement plan. |
Employment Law |
|
Sep. 23, 2007 | |
|
05-35902
|
Alaska Right to Life Political Action Committee v. Feldman
District court should have declined jurisdiction on prudential ripeness grounds because of inadequate record and lack of showing that withholding jurisdiction would cause hardship. |
Civil Procedure |
|
Sep. 23, 2007 | |
|
05-56149
|
Kay v. City of Rancho Palos Verdes
Broadcaster denied conditional use permit is barred from bringing claims already decided in state court and recovering damages under Telecommunications Act. |
Constitutional Law |
|
Sep. 23, 2007 | |
|
A116768
|
People v. May
Trial court hearing recommitment petition has discretion to release mentally disordered offenders on outpatient status after determining suitability for treatment. |
Criminal Law and Procedure |
|
Sep. 20, 2007 | |
|
B188674
|
Lockhart v. County of Los Angeles
Only departments listed in statute and regulations 'prescribing minimum standards' overcome county's immunity to trigger liability for injury to psychiatric patient. |
Government |
|
Sep. 20, 2007 | |
|
E041294
|
De Santiago v. D and G Plumbing Inc.
'Impracticability exception' for court congestion does not toll five-year limitations period where intervenor fails to exercise reasonable diligence in prosecuting case. |
Civil Procedure |
|
Sep. 20, 2007 | |
|
C047172
|
Capen v. Shewry
Health and Safety Code Section 1204(b)(1) does not subject physician's clinic to licensing by Dept. of Health Services. |
Administrative Agencies |
|
Sep. 20, 2007 | |
|
G037612
|
Marcario v. County of Orange
Arbitration of employee's labor grievance could not be given binding effect with regard to statutory claims not explicitly noted in MOU. |
Civil Procedure |
|
Sep. 20, 2007 | |
|
B187795
|
Fitz-Gerald v. Skywest Airlines Inc.
Flight attendants' claims for overtime wages and meal damages are pre-empted by Railway Labor Act. |
Labor Law |
|
Sep. 20, 2007 | |
|
04-76044
|
Yetiv v. U.S. Dept. of Housing and Urban Development
HUD had jurisdiction to impose penalties for failure to provide audits even though owner prepaid HUD-insured loan prior to final adjudication of ALJ. |
Civil Procedure |
|
Sep. 20, 2007 | |
|
06-30498
|
U.S. v. Sargent
Theft of public property conviction is reversed where government failed to prove value of stolen postage statements exceeded $1,000. |
Criminal Law and Procedure |
|
Sep. 20, 2007 | |
|
06-35388
|
Blanchard v. Morton School District
Section 1983 does not entitle mother of disabled son to money damages for lost income and suffering while pursuing IDEA relief. |
Civil Rights |
|
Sep. 20, 2007 | |
|
06-30472
|
U.S. v. W.R. Grace
Dismissal of portion of superseding indictment is not proper where savings clause applies to timely filed, but flawed, indictment. |
Criminal Law and Procedure |
|
Sep. 20, 2007 | |
|
06-30327
|
U.S. v. Sinerius
Defendant's conviction under Montana's sexual assault statute categorically qualifies as predicate offense triggering sentencing enhancement. |
Criminal Law and Procedure |
|
Sep. 20, 2007 | |
|
CSCord 09/19/07
|
CSC Orders for 09/19/07
Order |
|
Sep. 20, 2007 | ||
|
05-16467
|
Menken v. Emm
Court has personal jurisdiction over defendant in tort case involving civil extortion and interference with contractual relations. |
Civil Procedure |
|
Sep. 19, 2007 | |
|
G038343
|
Q.D., a Minor
Mother's appeal from purported order terminating her parental rights is dismissed where hearing was trailed for further consideration. |
Family Law |
|
Sep. 19, 2007 | |
|
06-1098
|
Sofris v. Maple-Whitworth Inc. (In re Maple-Whitworth Inc.)
Debtor need not join all jointly and severally liable petitioners in request for attorney fees following dismissed involuntary bankruptcy proceeding. |
Bankruptcy |
|
Sep. 19, 2007 | |
|
05-73581
|
Melendez v. Gonzales
Alien previously granted pretrial diversion under state rehabilitation scheme cannot receive adjustment of status as 'first time offender' following subsequent drug conviction. |
Immigration |
|
Sep. 19, 2007 | |
|
04-70345
|
Navarro-Lopez v. Gonzales
Petitioner's accessory after fact conviction does not constitutes crime of moral turpitude for purposes of removal. |
Immigration |
|
Sep. 19, 2007 | |
|
05-99008
|
Brown v. Ornoski
Court denies capital defendant's habeas petition based on ineffective assistance of counsel and Eighth Amendment violation. |
Criminal Law and Procedure |
|
Sep. 19, 2007 | |
|
05-17352
|
E. & J. Gallo Winery v. EnCana Corp.
Natural gas supplier's motion for summary judgment is properly denied where wine producer's claims are not necessarily barred by filed rate doctrine. |
Antitrust |
|
Sep. 19, 2007 | |
|
B195181
|
People v. Mosley
Where sentence for possession of weapon in custody was subordinate to principal term, trial court erred in imposing full term consecutive sentence. |
Criminal Law and Procedure |
|
Sep. 19, 2007 | |
|
C054642
|
A.C., a Minor
Termination of parental rights is proper where notice need not be sent to tribe which is not federally recognized. |
Native American Affairs |
|
Sep. 19, 2007 | |
|
B189537
|
Heritage Oaks Partners v. First American Title Ins. Co.
Trustee that conveys title in nonjudicial foreclosure believing it is trustee of record has no duty to subsequent purchasers of property. |
Real Property |
|
Sep. 19, 2007 |