| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S041008
|
People v. Hoyos
Evidence of propensity for violence is properly excluded absent support for self-defense theory that murder victim presented immediate threat. |
Criminal Law and Procedure |
|
Jul. 23, 2007 | |
|
S141148
|
Metropolitan Water District of Southern California v. Campus Crusade for Christ Inc.
In eminent domain case, whether or not there is reasonable probability of use change is question of fact for jury. |
Constitutional Law |
|
Jul. 23, 2007 | |
|
S140064
|
Viva! International Voice for Animals v. Adidas Promotional Retail Operations Inc.
California’s prohibition on importation or sale of products made from kangaroo is valid and not preempted by Endangered Species Act of 1973. |
Environmental Law |
|
Jul. 23, 2007 | |
|
C052069
|
People v. Holmes
Judgment is upheld where jury instructions do not lower burden of proof and imposition of two restitution fines in one proceeding is authorized. |
Criminal Law and Procedure |
|
Jul. 22, 2007 | |
|
05-35508
|
Poland v. Chertoff
Bias is imputed to employer where subordinate initiates proceedings in response to protected activity and influences 'independent' adverse employment decision. |
Employment Law |
|
Jul. 22, 2007 | |
|
A113967
|
Kelsoe v. California State Water Resources Control Board
Legislative intent dictates finding gas station owner eligible for permit waiver and allowing his claim for reimbursement of cleanup costs to proceed. |
Administrative Agencies |
|
Jul. 22, 2007 | |
|
F047540
|
Starrh and Starrh Cotton Growers v. Aera Energy LLC
$3.8 million award for continuing trespass is reversed where jury must determine whether restoration costs to abate pollution were reasonable. |
Real Property |
|
Jul. 22, 2007 | |
|
C071807A
|
CSC Orders, July 18, 2007
Order |
|
Jul. 19, 2007 | ||
|
06-15179
|
Nehmer v. United States Dept. of Veterans Affairs
Department of Veterans Affairs is obligated to abide by consent decree and pay benefits to Vietnam veterans with chronic lymphocytic leukemia. |
Government |
|
Jul. 19, 2007 | |
|
A116761
|
Zenith Insurance Co. v. Workers' Compensation Appeals Board
Workers’ Compensation Appeals Board erroneously applies wrong permanent disability rating schedule to injured worker’s permanent disability claim. |
Workers' Compensation |
|
Jul. 19, 2007 | |
|
B192962
|
California Insurance Guarantee Association v. Workers' Compensation Appeals Board
Solvent insurer is jointly and severally liable for all temporary workers compensation benefits paid by CIGA because it qualifies as ‘other insurance.’ |
Workers' Compensation |
|
Jul. 19, 2007 | |
|
06-75424
|
Douglas v. United States District Court for the Central District of California
Service provider may not change terms of service by merely posting revised contract on website without otherwise notifying customers. |
Contracts |
|
Jul. 19, 2007 | |
|
04-72701
|
Singh v. Gonzales
Petition for review is granted in asylum case where petitioner claims he did not receive Board of Immigration Appeals' notice of decision. |
Immigration |
|
Jul. 19, 2007 | |
|
06-16601
|
Hemmerle v. Schriro
Habeas corpus petition is time-barred where time between petitions for postconviction relief that do not "relate" back count toward AEDPA's deadline. |
Criminal Law and Procedure |
|
Jul. 19, 2007 | |
|
05-56006
|
Kutasi v. Las Virgenes Unified School District
Complaint filed by parents of autistic child is properly dismissed where alleged injuries could be redressed by IDEA's administrative remedies. |
Education |
|
Jul. 19, 2007 | |
|
06-30375
|
U.S. v. Bibler
In drug possession case, defendant's waiver of right to appeal sentence is enforceable. |
Criminal Law and Procedure |
|
Jul. 19, 2007 | |
|
S126182
|
People v. Black
No violation of right to jury trial where at least one aggravating circumstance made defendant eligible for upper term sentence. |
Criminal Law and Procedure |
|
Jul. 19, 2007 | |
|
S148917
|
People v. Sandoval
Trial court violates ‘Cunningham v. California’ by imposing upper term sentence based on facts not found by a jury beyond reasonable doubt. |
Criminal Law and Procedure |
|
Jul. 19, 2007 | |
|
S143326
|
City of Dinuba v. County of Tulare
Governmental immunity does not apply where city seeks to compel county to perform statutory duty concerning allocation of tax revenue. |
Government |
|
Jul. 19, 2007 | |
|
F050978
|
People v. Cole
Strike sentence does not violate equal protection where previous crime would not count as strike had defendant been adjudicated in juvenile court. |
Criminal Law and Procedure |
|
Jul. 19, 2007 | |
|
C050757
|
Loduca v. Polyzos
Award of attorney fee provision in contract for custom cabinetry between general contractor and subcontractor applies to homeowner, as third party beneficiary. |
Contracts |
|
Jul. 18, 2007 | |
|
C053784
|
Marriage of Sareen
California may exercise child custody jurisdiction where wife and child's forced residence in husband's chosen forum did not make India 'home state.' |
Family Law |
|
Jul. 18, 2007 | |
|
B190463
|
People v. Cardenas
Court violates ‘Cunningham v. California’ by imposing upper term sentence based on facts not found by jury beyond reasonable doubt. |
Criminal Law and Procedure |
|
Jul. 18, 2007 | |
|
A114530
|
In re James R.
Juvenile court’s delegation of all determinations regarding family visitation to private program is an abuse of discretion and violates separation of powers. |
Juveniles |
|
Jul. 18, 2007 | |
|
05-15630
|
Association of American Physicians & Surgeons v. Brewer
Order |
|
Jul. 18, 2007 | ||
|
05-70496
|
Hadera v. Gonzales
Immigration judge incorrectly determines Ethiopia to be country of removal for man who was born in Italy and never set foot in Ethiopia. |
Immigration |
|
Jul. 18, 2007 | |
|
06-30047
|
U.S. v. Diaz-Castaneda
No Fourth Amendment violation where officer runs check of driver's license plate and illegal immigrant passenger's identification documents during traffic stop. |
Criminal Law and Procedure |
|
Jul. 18, 2007 | |
|
C052220
|
C.W., a Minor
Juvenile court did not act without fundamental jurisdiction in declaring minor ward of court after failing to satisfy probation conditions. |
Juveniles |
|
Jul. 18, 2007 | |
|
C052319
|
People v. Cromp
Jury instruction on prior rape of disabled woman does not violate due process rights of man who allegedly molested two young brothers. |
Criminal Law and Procedure |
|
Jul. 18, 2007 | |
|
G037146
|
Kinney v. Overton
Party has no interest in property that would support cause of action for quiet title. |
Real Property |
|
Jul. 18, 2007 |