| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
05-15275
|
Irons v. Carey
Court reverses grant of habeas corpus petition of rehabilitated inmate denied parole based on cruel manner and trivial motive for killing. |
Criminal Law and Procedure |
|
Jul. 15, 2007 | |
|
H030059
|
Lyles v. State of California
Inverse condemnation and nuisance claims are time-barred where property owners do not investigate source of storm damage causing offensive condition. |
Civil Procedure |
|
Jul. 15, 2007 | |
|
05-50962
|
U.S. v. Abbouchi
Motion to suppress evidence of counterfeit social security cards is properly denied where package was searched at UPS sorting hub. |
Criminal Law and Procedure |
|
Jul. 15, 2007 | |
|
B184046
|
Evard v. Southern California Edison
Billboard owners’ failure to comply with regulation ensuring workers’ safety creates triable issues of fact regarding whether their omissions breached that duty. |
Torts |
|
Jul. 12, 2007 | |
|
C051868
|
People ex rel. Brown v. Powerex Corp.
Filed rate doctrine bars Attorney General’s claims challenging energy wholesaler’s malicious conduct during California energy crisis. |
Civil Procedure |
|
Jul. 12, 2007 | |
|
071107A
|
People v. Silas
Order |
|
Jul. 12, 2007 | ||
|
071107d
|
People v. Herndon
Order |
|
Jul. 12, 2007 | ||
|
S132144
|
People v. Palacios
Multiple punishment prohibition does not limit three sentence enhancements for single shot fired at single victim during simultaneous commission of three crimes. |
Criminal Law and Procedure |
|
Jul. 12, 2007 | |
|
A110913
|
DiPirro v. Bondo Corp.
Plaintiff is not entitled to jury trial on affirmative defense in case involving corporation who manufactured toxic paint. |
Constitutional Law |
|
Jul. 12, 2007 | |
|
06-30192
|
U.S. v. W.R. Grace
Court properly sets deadlines for disclosure of expert witnesses in case concerning improper disposal of asbestos-contaminated vermiculite. |
Criminal Law and Procedure |
|
Jul. 12, 2007 | |
|
05-15170
|
Perfect 10 Inc. v. Visa International Service Association
Magazine’s contributory copyright infringement claim against payment processors is properly dismissed where there was no material contribution or inducement to actual infringement. |
Intellectual Property |
|
Jul. 11, 2007 | |
|
07-1011
|
Diamond Z Trailer Inc. v. JZ LLC (In re JZ LLC)
Undisclosed licensing agreement 'rides through' Chapter 11 case, as debtor continued to operate business and retained legal form. |
Bankruptcy |
|
Jul. 11, 2007 | |
|
H029580
|
In re Marquez
Due process requires that parolee be released from custody due to prejudice from delay of probable cause and parole revocation hearings. |
Criminal Law and Procedure |
|
Jul. 11, 2007 | |
|
C051407
|
Corrales v. Bradstreet
Labor Commissioner improperly issues binding precedent decision circumventing Administrative Procedure Act but is not responsible for general backlog in processing employee claims. |
Labor Law |
|
Jul. 11, 2007 | |
|
C051407
|
Corrales v. Bradstreet
Labor Commissioner improperly issues binding precedent decision circumventing Administrative Procedure Act but is not responsible for general backlog in processing employee claims. |
Labor Law |
|
Jul. 11, 2007 | |
|
B194885
|
In re Zamer G.
Conflict of interests exists where lawyer cannot simultaneously advocate for best interests of some siblings in dependency proceedings without adversely affecting others. |
Juveniles |
|
Jul. 11, 2007 | |
|
05-35766
|
Dunn & Black v. United States
Because of sovereign immunity, district court lacked subject matter jurisdiction over law firm's case against United States for attorney fees. |
Constitutional Law |
|
Jul. 11, 2007 | |
|
06-10450
|
U.S. v. Shea
Conviction for intentionally damaging protected computer is upheld where former employee had access to relevant files and antagonistic relationship with company. |
Criminal Law and Procedure |
|
Jul. 11, 2007 | |
|
A114337
|
Britton v. Dallas Airmotive Inc.
Trial court properly stays California action involving helicopter crash, in favor of litigation in Idaho. |
Civil Procedure |
|
Jul. 11, 2007 | |
|
D050387
|
People v. Caesar
Aider and abettor is improperly convicted of premeditation though his confederate, the actual perpetrator, was found to have acted without premeditation. |
Criminal Law and Procedure |
|
Jul. 11, 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 |
|
Jul. 10, 2007 | |
|
C051988
|
People v. Buffington
Admission of psychologist's opinion in other sexually violent predator cases was irrelevant to show bias but did not unfairly prejudice defendant. |
Criminal Law and Procedure |
|
Jul. 10, 2007 | |
|
05-50410
|
U.S. v. Forrester
In case where defendant used Internet to help run Ecstasy lab, computer surveillance by government does not constitute search under Fourth Amendment. |
Criminal Law and Procedure |
|
Jul. 10, 2007 | |
|
05-17027
|
Crater v. Galaza
Anti-terrorism and Effective Death Penalty Act’s restrictions for which habeas relief is granted, and alterations to its applied standards are not unconstitutional. |
Criminal Law and Procedure |
|
Jul. 10, 2007 | |
|
05-76201
|
Abebe v. Gonzales
Permanent resident is ineligible for discretionary relief from removal where basis of deportability lacked a comparable ground of inadmissibility. |
Immigration |
|
Jul. 10, 2007 | |
|
05-56341
|
Loma Linda University Medical Center v. Leavitt
Provider Reimbursement Review Board has jurisdiction over Medicare provider's appeal of cost it failed to include in report nearly 20 years ago. |
Administrative Agencies |
|
Jul. 10, 2007 | |
|
D050304
|
Phoenix H., a Minor
Mother is not allowed to file supplemental brief in propria persona after losing parental rights to two sons and presenting no appealable issues. |
Juveniles |
|
Jul. 10, 2007 | |
|
B182220
|
People v. Saracoglu
Court does not abuse its discretion admitting evidence of distraught wife’s statement about spousal abuse to police under spontaneous utterance hearsay exception. |
Criminal Law and Procedure |
|
Jul. 10, 2007 | |
|
06-30447
|
U.S. v. Horvath
18 U.S.C. Section 1001(b) exemption applies where defendant told fictitious story to probation officer who submitted lie to judge in presentence report. |
Criminal Law and Procedure |
|
Jul. 10, 2007 | |
|
04-17040
|
Fisher v. NOS Communications
'Filed rate doctrine' precludes customers' federal and state law claims challenging carriers' approved terms or rates charged under federally filed tariffs. |
Civil Procedure |
|
Jul. 10, 2007 |