| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
A113318
|
Chosak v. Alameda County Medical Center
Medical malpractice action is properly dismissed where optometry student is deemed 'health care provider' protected by one-year statute of limitations. |
Civil Procedure |
|
Jul. 30, 2007 | |
|
F049646
|
People v. Miller
Trial court improperly denies motion for self-representation where motion was made well before sentencing hearing and done so voluntarily and intelligently. |
Criminal Law and Procedure |
|
Jul. 30, 2007 | |
|
D050351
|
Cody B., a Minor
Order denying 'presumed mother' designation based on impermissible collateral attacks on earlier termination judgment does not comply with ICWA. |
Family Law |
|
Jul. 30, 2007 | |
|
B188427
|
Walker v. Farmers Insurance Exchange
$1.5 million punitive damage award is properly reduced from $8.5 million judgment against Farmers Insurance Exchange in breach of contract action. |
Contracts |
|
Jul. 30, 2007 | |
|
B189590
|
Sherwood Partners Inc. v. EOP-Marina Business Center LLC.
Assignee for benefit of creditors is not liable for award of attorney fees pursuant to written lease provision of insolvent tenant. |
Bankruptcy |
|
Jul. 30, 2007 | |
|
F050101
|
People v. Dixon
Defendant who voluntarily waives right to jury trial also waives right to be tried on lesser-included enhancements. |
Criminal Law and Procedure |
|
Jul. 30, 2007 | |
|
F049842
|
People v. Solorzano
Warrantless search is reasonable parole term and defendant may receive harsher punishment after retrial where original sentence was not authorized by law. |
Criminal Law and Procedure |
|
Jul. 30, 2007 | |
|
A116437
|
In re Cooper
Parolee's habeas petition is granted where 'some evidence' does not support Governor Schwarzenegger's decision to reverse grant of parole. |
Criminal Law and Procedure |
|
Jul. 30, 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 |
|
Jul. 30, 2007 | |
|
S035368
|
People v. Zambrano
Jury properly returns death verdict in case of defendant convicted of first degree murder of witness, and attempted murder of Berkeley professor and his wife. |
Criminal Law and Procedure |
|
Jul. 30, 2007 | |
|
S138104
|
Castaneda v. Olsher
Nonsuit is proper where landlord has no duty to not rent to gang members or evict potential members absent foreseeable violence. |
Real Property |
|
Jul. 30, 2007 | |
|
D048297
|
Haley v. Casa Del Rey Homeowners Association
Nonsuit on homeowner’s nuisance claim against homeowners association is proper where there was no unreasonable interference or actual damage to homeowner. |
Real Property |
|
Jul. 29, 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 |
|
Jul. 29, 2007 | |
|
B190681
|
McOwen v. Grossman
Medical malpractice action is not time-barred where amputee was ignorant of facts and theory of liability when he filed complaint. |
Civil Procedure |
|
Jul. 29, 2007 | |
|
D050159
|
Dept. of Corporations v. Superior Court (Adams)
Dept. of Corporations may not be held liable for investors' losses from fraudulent securities brokers subject to rescinded desist and refrain orders. |
Corporations |
|
Jul. 29, 2007 | |
|
G037428
|
People v. Fritz
Prior shoplifting incident is inadmissible against defendant who did not testify in order to impeach false statement prosecution offered into evidence. |
Criminal Law and Procedure |
|
Jul. 29, 2007 | |
|
G030956
|
Benson v. Kwikset Corp.
Plaintiff with unfair competition claim is allowed to amend complaint to allege necessary facts to satisfy new standing requirements under Proposition 64. |
Torts |
|
Jul. 29, 2007 | |
|
07-204
|
Opinion of Brown
Motor vehicle dealer, as agent of lessor, must hold license as 'repossession agency' in selling voluntarily surrendered leased vehicle at auction. |
Contracts |
|
Jul. 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 |
|
Jul. 29, 2007 | |
|
B190031
|
City of Los Angeles v. Glair
Court lacks jurisdiction to hear time-barred appeal, even if defendant only challenges denial of motion for judgment notwithstanding the verdict. |
Civil Procedure |
|
Jul. 26, 2007 | |
|
B186011
|
Regency Outdoor Advertising Inc. v. City of West Hollywood (Elevation Media)
Advertiser lacks standing to compel environmental review of ordinance under CEQA because it could not cite any potential environmental injuries it would suffer. |
Environmental Law |
|
Jul. 26, 2007 | |
|
A112810
|
People v. Arias
Conviction for possessing false compartment is reversed where trial court gave erroneous definition of ‘false compartment’ and insufficient evidence supports conviction. |
Criminal Law and Procedure |
|
Jul. 26, 2007 | |
|
B194714
|
Jasmine S., a Minor
Disqualification of discrete unit in concurrent representation of two siblings is improper where court finds potential--but no actual--conflict of interest. |
Family Law |
|
Jul. 26, 2007 | |
|
A112906
|
Musaelian v. Adams
Attorney fees are improperly awarded as sanctions to attorney who represented himself in propria persona. |
Attorneys |
|
Jul. 26, 2007 | |
|
D047756
|
Smith v. Microskills San Diego L.P.
Arbitration provision in student loan note is not enforceable against educational provider because they were nonsignatory to note and not third party beneficiary. |
Contracts |
|
Jul. 26, 2007 | |
|
S022153
|
In re Hardy
Habeas corpus petition is denied where petitioner fails to show he is actually innocent of murders of which he was convicted. |
Criminal Law and Procedure |
|
Jul. 26, 2007 | |
|
S055528
|
People v. Barnwell
Defendant receives death penalty for three first degree murders but second degree murder sentence should have been 15 years to life. |
Criminal Law and Procedure |
|
Jul. 26, 2007 | |
|
S135160
|
O'Connell v. City of Stockton
Local ordinance governing vehicle forfeiture used in criminal acts conflicts with, and is preempted by, state law. |
Government |
|
Jul. 26, 2007 | |
|
05-74378
|
Morgan v. Gonzales
Petitioner is properly deported where he failed to show he was promised permanent residence in exchange for cooperation in drug case. |
Immigration |
|
Jul. 26, 2007 | |
|
05-30483
|
U.S. v. Sperow
Drug dealer’s enhanced sentence is invalid where government fails to give proper notice of its intent to seek enhanced sentence penalty. |
Criminal Law and Procedure |
|
Jul. 26, 2007 |