| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
06-50169
|
U.S. v. Snellenberger
Sentencing court improperly considered minute order to show that defendant committed prior crime of violence. |
Criminal Law and Procedure |
|
Jul. 10, 2007 | |
|
05-30215
|
U.S. v. Moran
Where defendants are accused of aiding preparation of false federal income tax returns, court erroneously excludes testimony supporting good faith defense. |
Criminal Law and Procedure |
|
Jul. 10, 2007 | |
|
C047837
|
Brittalia Ventures v. Stuke Nursery Co. Inc.
Nursery loses suit for breach of warranty where it failed to deliver 14,000 Howard trees, as specified in purchase proposal. |
Contracts |
|
Jul. 10, 2007 | |
|
C047837
|
Brittalia Ventures v. Stuke Nursery Co. Inc.
Nursery loses suit for breach of warranty where it failed to deliver 14,000 Howard trees, as specified in purchase proposal. |
Contracts |
|
Jul. 10, 2007 | |
|
B171476
|
People v. Velasquez
Imposition of upper term based upon prior prison term and numerous adult convictions does not violate defendant's right to jury trial. |
Criminal Law and Procedure |
|
Jul. 9, 2007 | |
|
A111602
|
Aviation Data Inc. v. American Express Travel Related Services Co. Inc.
Defendant involved in misleading conduct during settlement negotiations is properly denied right to compel arbitration. |
Contracts |
|
Jul. 9, 2007 | |
|
C052691
|
People v. Bogan
Pimp can be convicted of conspiracy to solicit prostitution with his prostitutes as uncharged co-conspirators. |
Criminal Law and Procedure |
|
Jul. 9, 2007 | |
|
A102915
|
The Limited Stores Inc. v. Franchise Tax Board
Alternative methodology using only net receipts from treasury activity is reasonable where inclusion of gross receipts would cause misrepresentation of business activities. |
Taxation |
|
Jul. 9, 2007 | |
|
S141483
|
People v. Allegheny Casualty Co.
Penal Code Section 1305(a) does not require reporter’s transcript or court’s minutes show judge's declaration of bond forfeiture was made in open court. |
Criminal Law and Procedure |
|
Jul. 9, 2007 | |
|
S137055
|
People v. Medina
Attempted kidnapping during commission of carjacking convictions stand even though defendant was unable to start vehicle. |
Criminal Law and Procedure |
|
Jul. 9, 2007 | |
|
G037156
|
Berryman v. Merit Property Management Inc.
Trial court properly sustains demurrer without leave to amend, in dispute between homeowners and homeowner association management company over fees. |
Civil Procedure |
|
Jul. 9, 2007 | |
|
D048540
|
Hildebrand v. Dept. of Motor Vehicles
Hearsay statements regarding drunk driver are admissible in DMV hearing under public employee records exception and to 'supplement or explain' party admission. |
Criminal Law and Procedure |
|
Jul. 9, 2007 | |
|
05-908
|
Parents Involved in Community Schools v. Seattle School District No. 1
Judgments upholding Seattle and Jefferson County school districts' race-based assignment plans are reversed. |
Constitutional Law |
|
Jul. 8, 2007 | |
|
05-10226
|
U.S. v. Ruiz-Chairez
Stiff enhancement does not violate equal protection where illegal reentrant was previously convicted of crime of violence and drug trafficking offense. |
Criminal Law and Procedure |
|
Jul. 8, 2007 | |
|
F050180
|
Community Development Commission of the City of Oxnard v. County of Ventura
Escape assessments are to be included in calculation of tax increment due to redevelopment agency. |
Taxation |
|
Jul. 8, 2007 | |
|
05-1437
|
Wechsler v. Macke International Trade Inc. (In re Macke International Trade Inc.)
Bankruptcy court may order creditor to pay debtor's attorney fees upon dismissal of involuntary petition when in interest of both parties. |
Bankruptcy |
|
Jul. 5, 2007 | |
|
C051749
|
State of California ex rel. Pension Obligation Bond Committee v. All Persons Interested in the Matter of the Validity of the California Pension Obligation Bonds to be Issued
Bonds to fund employee pensions are not exempt from state constitutional limitation on creation of new debt for obligations imposed by law. |
Government |
|
Jul. 5, 2007 | |
|
C051749
|
State of California ex rel. Pension Obligation Bond Committee v. All Persons Interested in the Matter of the Validity of the California Pension Obligation Bonds to be Issued
Bonds to fund employee pensions are not exempt from state constitutional limitation on creation of new debt for obligations imposed by law. |
Government |
|
Jul. 5, 2007 | |
|
B189115
|
Lazy Acres Market Inc. v. Tseng
Insured that hires own attorney and settles suit cannot later recover fees in malpractice action against insurance company's attorney. |
Insurance |
|
Jul. 5, 2007 | |
|
D048281
|
Jones v. California Dept. of Corrections and Rehabilitation
Correctional officer fails to prove triable issues of material fact in her FEHA harassment, discrimination, and retaliation claims against employer. |
Employment Law |
|
Jul. 5, 2007 | |
|
A111947
|
Daro v. Superior Court (Foy)
Tenants evicted under Ellis Act lack standing to bring Unfair Competition Law claim for owners' failure to comply with Subdivided Lands Act. |
Real Property |
|
Jul. 5, 2007 | |
|
G035681
|
Haluck v. Ricoh Electronics Inc.
Judgment for defendants in employment discrimination case reversed where trial judge's misconduct so infected proceedings as to deprive plaintiffs of fair trial. |
Judges |
|
Jul. 5, 2007 | |
|
06-30587
|
U.S. v. Juvenile Male
District court makes clearly erroneous findings in determining juvenile accused of second-degree murder should be tried as adult. |
Juveniles |
|
Jul. 5, 2007 | |
|
04-17459
|
Andrews v. Cervantes
Prisoner’s filing fees should be waived where he is in ‘imminent danger’ for being subjected to prisoners with serious contagious diseases. |
Prisoners Rights |
|
Jul. 5, 2007 | |
|
S138666
|
Corder v. Corder
Substantial evidence does not show husband, killed in construction accident, intended to divorce wife in dispute with stepdaughter over wrongful death settlement proceeds. |
Torts |
|
Jul. 5, 2007 | |
|
S144501
|
People v. Alice
Court violates Government Code Section 68081 by ruling that People's appeal was permitted under Penal Code Section 1238(a)(10) as appeal from unlawful sentence. |
Criminal Law and Procedure |
|
Jul. 5, 2007 | |
|
062707a
|
State Board of Chiropractic Examiners v. Superior Court (Arbuckle)
Order |
|
Jul. 4, 2007 | ||
|
S050082
|
People v. Geier
Court properly excludes one woman's admission of guilt favoring defendant but admits over his objection victim's statements regarding predilection in men. |
Criminal Law and Procedure |
|
Jul. 4, 2007 | |
|
F049797
|
People v. Marks
Defendant’s due process rights are violated by part of jury selection occurring off record, outside presence of prospective jurors, and outside defendant’s presence. |
Criminal Law and Procedure |
|
Jul. 4, 2007 | |
|
A114366
|
Brandenburg v. Eureka Redevelopment Agency
Claim for violation of Government Code Sections 1090 and 1092 compels forfeiture and must be filed within one year of public breach. |
Civil Procedure |
|
Jul. 4, 2007 |