| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
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 | |
|
B186416
|
Dodson v. J. Pacific Inc.
Jury’s failure to award pain and suffering damages to victim of negligent act who required serious surgery and extensive rehabilitation is inadequate. |
Torts |
|
Aug. 28, 2007 | |
|
A114667
|
Butler-Rupp v. Lourdeaux
Trial court retains jurisdiction to award attorney fees incurred on appeal even when appellate court orders parties to bear their own costs. |
Civil Procedure |
|
Aug. 28, 2007 | |
|
05-70291
|
Camins v. Gonzales
New law forbidding 'inadmissible' legal permanent residents' entry after travel abroad cannot be applied retroactively to those who relied on previous exception . |
Immigration |
|
Aug. 28, 2007 | |
|
06-35512
|
Ranchers Cattlemen Action Legal Fund United Stockgrowers of America v. U.S. Dept. of Agriculture
Summary judgment is properly granted to USDA where it designated Canada minimal-risk country for cattle imports. |
Administrative Agencies |
|
Aug. 28, 2007 | |
|
03-74488
|
Kalouma v. Gonzales
Immigration judge errs by incorrectly placing burden on asylum applicant to establish his identity under Illegal Immigration Reform and Immigrant Responsibility Act. |
Immigration |
|
Aug. 28, 2007 | |
|
B191590
|
WRI Opportunity Loans II LLC v. Cooper
Construction loan including additional interest in property’s appreciation and profits is not exempt from usury law where additional interest is essentially guaranteed. |
Business Law |
|
Aug. 27, 2007 | |
|
H029958
|
Central Coast Baptist Association v. First Baptist Church of Los Lomas
Although court lacks jurisdiction to decide whether church ceased to be Southern Baptist Church, it properly found church had 'de facto dissolved'. |
Constitutional Law |
|
Aug. 27, 2007 | |
|
05-16005
|
Singh v. Gonzales
District court has jurisdiction over ineffective assistance of counsel claims under REAL ID Act where removal order itself is not challenged. |
Immigration |
|
Aug. 27, 2007 | |
|
A115079
|
Peterson v. John Crane Inc.
Expert witness fees are properly awarded to prevailing party who presented valid settlement offer to single plaintiff in her multiple legal capacities. |
Civil Procedure |
|
Aug. 27, 2007 | |
|
H029604
|
Yield Dynamics Inc. v. TEA Systems Corp.
Plaintiff who fails to establish elements showing misappropriation of trade secret blames adverse judgment on court's misconception of governing law. |
Intellectual Property |
|
Aug. 27, 2007 | |
|
06-30592
|
U.S. v. Hurd
Search of suspected drug dealer’s home is objectively reasonable despite judge’s inadvertent failure to initialize next to that specific search on warrant. |
Criminal Law and Procedure |
|
Aug. 27, 2007 | |
|
04-35876
|
Truth v. Kent School District
Student club proposing Bible study fails to meet its burden of showing that school district violated Equal Access Act. |
Constitutional Law |
|
Aug. 27, 2007 | |
|
04-74001
|
Mejia v. Gonzales
In removal case where petitioner seeks waiver, application of 'exceptional and extremely unusual' standard does not have improper retroactive effect. |
Immigration |
|
Aug. 27, 2007 | |
|
03-74139
|
Port of Seattle v. Federal Energy Regulatory Commission
Federal Energy Regulatory Commission improperly denies refunds for transactions involving energy purchased in Pacific Northwest for consumption in California. |
Administrative Agencies |
|
Aug. 27, 2007 | |
|
04-74076
|
Sembiring v. Gonzales
Alien is improperly deported in absentia after showing she did not receive notice under lesser presumption of effective service by regular mail. |
Immigration |
|
Aug. 27, 2007 | |
|
C053407
|
People v. Edward D. Jones & Co.
People's action against national brokerage firm is not preempted by National Securities Markets Improvement Act of 1996. |
Constitutional Law |
|
Aug. 27, 2007 | |
|
E038366
|
Fontana Redevelopment Agency v. Torres
Validation action under Government Code Section 53511 is not proper means of challenging settlement agreement involving redevelopment agency. |
Government |
|
Aug. 27, 2007 | |
|
D049679
|
The Cadle Co. II Inc. v. Sundance Financial Inc.
Lawsuit is barred by statute of limitations where it is filed more than ten years after entry of stipulated judgment. |
Civil Procedure |
|
Aug. 27, 2007 | |
|
B186946
|
Marriage of Laurenti
Court must determine reasonable compensation for services before ordering mother to pay all fees billed by subsequently disqualified court-appointed evaluator. |
Family Law |
|
Aug. 24, 2007 | |
|
S066377
|
People v. Abilez
'Marsden' motion is properly denied where attorney explains efforts to defend client accused of his mother's sodomy and murder. |
Criminal Law and Procedure |
|
Aug. 24, 2007 | |
|
B188432
|
Archdale v. American International Specialty Lines Insurance Co.
Statute of limitations on viable contract claim for failure to accept reasonable settlement offer is equitably tolled until judgment is deemed final. |
Insurance |
|
Aug. 24, 2007 | |
|
B198538
|
Fairbanks v. Superior Court (Farmers New World Life Insurance Co.)
Consumer Legal Remedies Act claim is properly dismissed where insurance is not deemed 'good' or 'service'. |
Insurance |
|
Aug. 24, 2007 | |
|
CSC Orders for 08/22/07
|
Manco Contracting v. Bezdikian
Order |
|
Aug. 24, 2007 | ||
|
S154372
|
Laurenti v. Laurenti
Order |
|
Aug. 24, 2007 | ||
|
06-1400
|
Trejos v. VW Credit Inc. (In re Trejos)
Debtors must pay full amount of claim subject to 'Hanging Paragraph' of Section 1325(a) where creditor assigned valid security interest in vehicle. |
Bankruptcy |
|
Aug. 24, 2007 | |
|
05-15847
|
Azizian v. Federated Dept. Stores Inc.
Appellant is not required to secure appellate attorney fees where appellees are not entitled to recover such fees if successful on appeal. |
Civil Procedure |
|
Aug. 24, 2007 | |
|
03-35701
|
Frederick v. Morse
Order |
|
Aug. 24, 2007 | ||
|
05-15121
|
Guerrero v. RJM Acquisitions LLC
Court erroneously finds that debt purchaser continued collection efforts in violation of Fair Debt Collection Practices Act. |
Business Law |
|
Aug. 24, 2007 | |
|
S137770
|
Green v. State of California
Like ADA, FEHA requires employees alleging discrimination to prove they are 'qualified individuals' able to perform job's essential duties with or without reasonable accommodation. |
Civil Rights |
|
Aug. 24, 2007 |