| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
F051091
|
Essex Insurance Co. v. City of Bakersfield
Insurance policy's auto exclusions do not defeat city's reasonable expectation to be covered for claims arising from dangerous condition of public property. |
Insurance |
|
Aug. 29, 2007 | |
|
B186238
|
Mileikowsky v. West Hills Hospital Medical Center
Hearing officer cannot prematurely terminate hearing on hospital's extension of staff privileges as sanction for physician's failure to produce requested documents. |
Civil Procedure |
|
Aug. 29, 2007 | |
|
05-15522
|
Rodis v. City and County of San Francisco
Officers are not entitled to qualified immunity where they cannot show probable cause to arrest plaintiff for alleged use of counterfeit bill. |
Government |
|
Aug. 29, 2007 | |
|
A114986
|
R.A. Stuchbery & Others Syndicate 1096 v. Redland Insurance Co.
Insurance company has no duty to defend or indemnify shuttle service where passenger's alleged rape did not result from 'use' of shuttle. |
Insurance |
|
Aug. 29, 2007 | |
|
A113236
|
Friends of Lagoon Valley v. City of Vacaville
City's approval of project to develop valley is upheld despite slight deviation from 'guiding policies' for zoning set forth in general plan. |
Government |
|
Aug. 29, 2007 | |
|
B193338
|
American Employers Group Inc. v. Employment Development Dept.
Tentative settlement agreement is not valid contract where one party ultimately rejects final proposed changes to tentative agreement. |
Taxation |
|
Aug. 29, 2007 | |
|
B195521
|
In re Jacobson
Decision to deny parole stands where Governor concludes convicted murderer has not accepted responsibility for his crime. |
Criminal Law and Procedure |
|
Aug. 29, 2007 | |
|
A114679
|
San Leandro Teachers Association v. Governing Board of the San Leandro Unified School District
Under Education Code, teachers union is barred from placing political endorsements in school district's internal faculty mailboxes. |
Education |
|
Aug. 29, 2007 | |
|
A115771
|
M.M., a Minor
Appellate court does not have jurisdiction to hear appeal of state dependency proceedings once case has been successfully transferred to tribal court. |
Native American Affairs |
|
Aug. 29, 2007 | |
|
05-55269
|
SEC v. Phan
Misstatements made in public company’s Form S-8 registration of securities do not rise to level of obviousness necessary to award summary judgment. |
Securities |
|
Aug. 29, 2007 | |
|
05-15900
|
Miguel-Miguel v. Gonzales
Board of Immigration Appeals errs by retroactively applying new presumptive standard to removal proceedings where ‘Montgomery Ward’ factors weigh heavily against its application. |
Immigration |
|
Aug. 29, 2007 | |
|
06-16154
|
Busch v. Woodford
California Supreme Court does not clearly err in its application of controlling federal law by concluding that habeas petitioner's plea was voluntary. |
Criminal Law and Procedure |
|
Aug. 29, 2007 | |
|
05-15582
|
White v. City of Sparks
City vendor permitting scheme unconstitutionally restrains sale of sidewalk artist's nature paintings--speech protected under First Amendment. |
Constitutional Law |
|
Aug. 29, 2007 | |
|
05-16915
|
Navarette v. United States
Army Corps of Engineers' duty to mark or fence path leading to cliff on campground is not covered by discretionary function exception. |
Torts |
|
Aug. 29, 2007 | |
|
05-50433
|
U.S. v. Lopez
Error is harmless where prosecutor implicated defendant's silence both pre-Miranda and post-Miranda. |
Criminal Law and Procedure |
|
Aug. 29, 2007 | |
|
05-16517
|
Forester v. Chertoff
ADEA plaintiffs are entitled to equitable tolling where premature filing did not prejudice defendant and interests of justice support relief. |
Civil Rights |
|
Aug. 29, 2007 | |
|
C052833
|
Holland v. Union Pacific Railroad Co.
Bipolar machinist's tardy administrative complaint is excused by Dept. of Fair Employment and Housing's failure to accurately advise him of deadline. |
Employment Law |
|
Aug. 29, 2007 | |
|
A114636
|
Sheet Metal Workers International Association, Local Union No. 104 v. Rea (Solano County Roofing Inc.)
Union fails to exhaust administrative remedy by requesting rate of pay determination within 20-day period after call for bids. |
Labor Law |
|
Aug. 29, 2007 | |
|
A117202
|
Alvarez v. Superior Court (San Jose Mercury News Inc.)
Penal Code's 'reasonable likelihood' standard of prejudice must be applied to case where defendant seeks to have grand jury transcripts sealed. |
Criminal Law and Procedure |
|
Aug. 28, 2007 | |
|
A112964
|
In re Groundwater Cases
Residents cannot sustain damages claims against water suppliers where they can only show isolated instances of temporary, allowable exceedances of water quality standards. |
Environmental Law |
|
Aug. 28, 2007 | |
|
06-1359
|
Cohen v. Lopez (In re Lopez)
Postpetition maintenance payments not impaired by Chapter 13 plan may be paid by debtor directly to creditors, not to trustee. |
Bankruptcy |
|
Aug. 28, 2007 | |
|
05-16128
|
Hoopai v. Astrue
Administrative law judge is not required to seek assistance of vocational expert where substantial evidence supports claimant’s depression is not sufficiently severe. |
Administrative Agencies |
|
Aug. 28, 2007 | |
|
05-55923
|
Intri-Plex Technologies Inc. v. The Crest Group Inc.
Insured’s suit is properly dismissed as impermissible attempt to split single cause of action where insurer already settled its subrogated action against tortfeasor. |
Insurance |
|
Aug. 28, 2007 | |
|
05-15585
|
The Access Fund v. U.S. Dept of Agriculture
Forest Service's ban on climbing Cave Rock does not violate Administrative Procedure Act or Establishment Clause despite importance to Washoe religion. |
Constitutional Law |
|
Aug. 28, 2007 | |
|
06-16138
|
Bryant v. Arizona Attorney General
Prisoner's one-year limitations period under AEDPA to file habeas petition is not tolled while he has access to library's case law. |
Criminal Law and Procedure |
|
Aug. 28, 2007 | |
|
06-30242
|
U.S. v. Chase
District court abuses its discretion denying defendant opportunity to retain forensic expert where amount of drugs capable of being produced is heavily disputed. |
Criminal Law and Procedure |
|
Aug. 28, 2007 | |
|
S134545
|
Catholic Mutual Relief Society v. Superior Court (Roman Catholic Archdiocese of San Diego)
Church's nonparty liability insurer is not required to provide discovery of reinsurance agreements in childhood abuse case. |
Civil Procedure |
|
Aug. 28, 2007 | |
|
S134253
|
International Federation of Professional and Technical Engineers, Local 21, AFL-CIO v. Superior Court (Contra Costa Newspapers Inc.)
Under California Public Records Act, disclosure of city employees' salary information does not violate privacy rights. |
Government |
|
Aug. 28, 2007 | |
|
S134072
|
Commission on Peace Officer Standards and Training v. Superior Court (Los Angeles Times Communications LLC)
Public's interest in matters newspaper plans to investigate is not outweighed by peace officers' privacy interests. |
Government |
|
Aug. 28, 2007 | |
|
D050030
|
People v. Fielder
Man punished for three counts of failing to comply with sex offender registration requirements does not offend prohibition against multiple punishment. |
Criminal Law and Procedure |
|
Aug. 28, 2007 |