| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B185709
|
People v. Foster
Defendant is guilty of attempting to dissuade victim from testifying against him even though message given to third party was never delivered to victim. |
Criminal Law and Procedure |
|
Sep. 19, 2007 | |
|
B195487
|
Neil D., a Minor
Court upholds juvenile court order requiring mother to complete in-patient drug rehabilitation program and dismisses children's appeal for lack of standing. |
Juveniles |
|
Sep. 18, 2007 | |
|
H030830
|
Estate of Williams
Document written by decedent and demonstrating testamentary intent is valid holographic will despite not having actual signature. |
Probate and Trusts |
|
Sep. 18, 2007 | |
|
091207e
|
CSC Orders
Order |
|
Sep. 18, 2007 | ||
|
04-74313
|
Kawashima v. Gonzales
In removal case, conviction for subscribing to false statement on tax return constitutes aggravated felony. |
Immigration |
|
Sep. 18, 2007 | |
|
H030689
|
City of Santa Cruz v. Patel
Court rejects hotel operators' constitutional challenges to order directing production of records for audit to determine compliance with city's transient occupancy tax. |
Constitutional Law |
|
Sep. 18, 2007 | |
|
C053878
|
People v. Randall
Penal Code Section 1191.1 permits victim of defendant's crimes to attend all sentencing proceedings, not just initial sentencing proceeding. |
Criminal Law and Procedure |
|
Sep. 18, 2007 | |
|
A113937
|
Urhausen v. Longs Drug Stores California Inc.
Woman with crutches who trips on slope of disabled parking space cannot recover for denial of equal access or negligence per se. |
Torts |
|
Sep. 18, 2007 | |
|
C049069
|
People v. Chun
Second degree felony murder instruction is improper absent evidence of collateral purpose based upon defendant's excluded statements about drive-by shooting. |
Criminal Law and Procedure |
|
Sep. 17, 2007 | |
|
07-1123
|
Brown & Cole Stores v. Associated Grocers Inc. (In re Brown & Cole Stores)
Secured claim is entitled to expense-of-administration priority pursuant to Bankruptcy Code, 11 U.S.C. Section 503(b)(9). |
Bankruptcy |
|
Sep. 17, 2007 | |
|
07-1046
|
Wells Fargo Financial Acceptance v. Rodriguez (In re Rodriguez)
Debtor's surrender of '910 vehicle' does not extinguish creditor's deficiency claim under 'hanging paragraph' following 11 U.S.C. Section 1325(a)(9). |
Bankruptcy |
|
Sep. 17, 2007 | |
|
05-55406
|
Equity Lifestyle Properties Inc. v. County of San Luis Obispo
District court properly dismissed complaint where there was no claim upon which relief could be granted and as-applied takings claim was unripe. |
Civil Procedure |
|
Sep. 17, 2007 | |
|
05-36210
|
Corrie v. Caterpillar Inc.
Plaintiffs' claims present nonjusticiable political questions that deprive district court of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1). |
Civil Procedure |
|
Sep. 17, 2007 | |
|
06-50481
|
U.S. v. Mayer
Undercover investigation exposing North American Man/Boy Love Association member's intent to travel for sex with minors passes constitutional muster. |
Constitutional Law |
|
Sep. 17, 2007 | |
|
05-35839
|
Thacker v. Federal Communications Commission (In re Magnacom Wireless LLC)
Cancellation of licenses for radio spectrum in bankruptcy proceedings extinguishes debtor's right to proceeds from auction of new licenses covering same spectrum. |
Bankruptcy |
|
Sep. 17, 2007 | |
|
07-1059
|
Drummond v. Urban (In re Urban)
Application of California exemption laws to debtor domiciled in different forum state for less than 730 days does not violate uniformity clause. |
Bankruptcy |
|
Sep. 17, 2007 | |
|
06-1409
|
Onubah v. Zamora (In re Onubah)
Bankruptcy court did not abuse its discretion when it surcharged debtor's homestead and household goods exemptions after debtor engaged in misconduct. |
Bankruptcy |
|
Sep. 17, 2007 | |
|
05-75957
|
Estate of Bigelow v. Commissioner of Internal Revenue
Tax court properly upholds deficiency where decedent had retained economic benefit of transferred property. |
Taxation |
|
Sep. 16, 2007 | |
|
05-15725
|
Villegas v. City of Gilroy
Order |
|
Sep. 16, 2007 | ||
|
05-15704
|
Betz v. Trainer Wortham & Co. Inc.
Order |
|
Sep. 16, 2007 | ||
|
C051124
|
Aerojet-General Corp. v. Commercial Union Insurance Co.
Insurers need not indemnify insured where settlement costs are outside scope of indemnity coverage in policies. |
Insurance |
|
Sep. 16, 2007 | |
|
091207c
|
People v. Medina
Order |
|
Sep. 16, 2007 | ||
|
091207b
|
CSC Orders
Order |
|
Sep. 16, 2007 | ||
|
F051547
|
People v. Murray
Court lacks jurisdiction to reinstate suspended term where petition to revoke probation was filed more than 30 days after defendant's reported commitment. |
Criminal Law and Procedure |
|
Sep. 16, 2007 | |
|
C053570
|
People v. Munoz
Where defendant signed 'Harvey' waiver, his upper-term sentence did not violate any constitutional law. |
Criminal Law and Procedure |
|
Sep. 16, 2007 | |
|
B188886
|
Association for Los Angeles Deputy Sheriffs v. County of Los Angeles
County has power to force peace officer employees to use excess deferred vacation time in order to avoid year end cash payout. |
Labor Law |
|
Sep. 16, 2007 | |
|
A113370
|
In re Roderick
Grandfather receives habeas relief where parole unsuitability based solely on prior criminal history is insufficient to prove unreasonable risk of danger. |
Criminal Law and Procedure |
|
Sep. 13, 2007 | |
|
S131484
|
Muzzy Ranch v. Solano Airport Land Use Commn.
Order |
|
Sep. 13, 2007 | ||
|
B193804
|
People v. Mejia
Conviction for continuous sexual abuse of child under 14 is reversed where there is no substantial evidence that time period requirement was met. |
Criminal Law and Procedure |
|
Sep. 13, 2007 | |
|
A114633
|
Batt v. City and County of San Francisco
City's demurrer is properly sustained where San Francisco law does not permit class action suits to recover taxes. |
Taxation |
|
Sep. 13, 2007 |