| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D047798
|
County of San Diego v. Arzaga
Trial court errs in finding man was legal father of child under parentage by estoppel, despite genetic findings proving he was not father. |
Family Law |
|
Jul. 4, 2007 | |
|
04-17414
|
Lewis v. Astrue
Substantial evidence supports administrative law judge's decision that man is not disabled for purposes of supplemental security income. |
Employment Law |
|
Jul. 4, 2007 | |
|
05-10543
|
U.S. v. Gonzalez
Sentencing enhancement for reckless endangerment of aircraft is proper where man makes bomb threats and causes havoc in order to land plane. |
Criminal Law and Procedure |
|
Jul. 4, 2007 | |
|
06-15391
|
Schroeder v. Tilton
Trial court does not violate Ex Post Facto Clause in admitting evidence of prior sexual misconduct under California Evidence Code Section 1108. |
Criminal Law and Procedure |
|
Jul. 4, 2007 | |
|
03-56601
|
Sherman v. SEC
Settlement agreement between debtor and receiver did not distinguish interest SEC had in debtors' bankruptcy petition. |
Bankruptcy |
|
Jul. 4, 2007 | |
|
06-15094
|
Foote v. Del Papa
In habeas corpus petition case, court's rejection of 'conflict of interest' claim does not contravene established federal law. |
Criminal Law and Procedure |
|
Jul. 4, 2007 | |
|
D046763
|
People v. Boysen
Substantial evidence supports trial court’s dismissal of son’s charges for murdering his parents based on preaccusation delay of 24 years. |
Criminal Law and Procedure |
|
Jul. 4, 2007 | |
|
H030167
|
People v. Whaley
Supplemental jury instruction suggesting jurors try role-playing and role-reversal is valid under ‘People v. Gainer.' |
Civil Procedure |
|
Jul. 2, 2007 | |
|
S046816
|
People v. Thornton
Convicted kidnapper and murderer’s sentence for kidnapping for robbery is modified where court punished him under wrong Penal Code subsection. |
Criminal Law and Procedure |
|
Jul. 2, 2007 | |
|
06-10119
|
Snyder v. Louisiana
Order |
|
Jul. 2, 2007 | ||
|
B192378
|
People v. Smith
Probation condition restricting out-of-county travel is improper where court ignored probationer’s particular situation and condition had no relation to underlying crime. |
Criminal Law and Procedure |
|
Jul. 2, 2007 | |
|
C050376
|
Katiuzhinsky v. Perry
Third-party purchase of medical lien does not prevent recovery of amounts billed by medical provider for which plaintiff remains fully liable. |
Torts |
|
Jul. 2, 2007 | |
|
C050376
|
Katiuzhinsky v. Perry
Third-party purchase of medical lien does not prevent recovery of amounts billed by medical provider for which plaintiff remains fully liable. |
Torts |
|
Jul. 2, 2007 | |
|
H028798
|
People v. Nguyen
Use of juvenile adjudications to increase maximum punishment for offense violates Sixth Amendment right to jury trial. |
Criminal Law and Procedure |
|
Jul. 2, 2007 | |
|
C051636
|
Dept. of Personnel Administration v. California Correctional Peace Officers Association
Arbitrator violates Dills Act and public policy favoring legislative oversight of employee contracts by changing memorandum provisions approved by Legislature. |
Contracts |
|
Jul. 2, 2007 | |
|
C051636
|
Dept. of Personnel Administration v. California Correctional Peace Officers Association
Arbitrator violates Dills Act and public policy favoring legislative oversight of employee contracts by changing memorandum provisions approved by Legislature. |
Contracts |
|
Jul. 2, 2007 | |
|
B182880
|
Christoff v. Nestle USA Inc.
Although coffee 'taster' depicted on Nestle products did not consent to use of image, he fails to prove image generated $15 million profit. |
Torts |
|
Jul. 2, 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. 2, 2007 | |
|
B193014
|
Cal-Western Reconveyance Corp. v. Reed
Surplus proceeds may satisfy debtor's obligations for child and spousal support arrearages, but not former wife's claim for community property equalization payment. |
Family Law |
|
Jul. 2, 2007 | |
|
04-99010
|
Lambright v. Schriro
Attorney's failure to adequately investigate and present mitigating evidence during capital sentencing phase amounts to ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Jul. 2, 2007 | |
|
07-35000
|
The Lands Council v. McNair
Lands Council demonstrates that balance of hardships and public interest favor preliminary injunction to halt forest logging project. |
Environmental Law |
|
Jul. 2, 2007 | |
|
05-55126
|
Schoenfeld v. Quamme
Amputee serviceman’s tort claim against government is allowed to proceed where his accident was substantially unrelated to his military service. |
Torts |
|
Jul. 2, 2007 | |
|
06-10397
|
U.S. v. Jeremiah
Supervised release conditions restricting and scrutinizing financial decisions and arrangements are valid where parolee is required to make restitution payments. |
Criminal Law and Procedure |
|
Jul. 2, 2007 | |
|
S132814
|
Oakland Raiders v. National Football League
Trial court’s failure to specify its underlying reasons in motion for new trial is subject to independent review standard on appeal. |
Civil Procedure |
|
Jul. 2, 2007 | |
|
06-179
|
Riegel v. Medtronic Inc.
Order |
|
Jul. 2, 2007 | ||
|
D048640
|
Juarez v. Arcadia Financial Ltd.
Finance company’s notice of intent violates Rees-Levering Automobile Sales Finance Act where it fails to specify amount required to reinstate buyer’s contract. |
Torts |
|
Jul. 1, 2007 | |
|
C051985
|
People v. Anderson
Court rejects defendant's various challenges to jury instructions. |
Criminal Law and Procedure |
|
Jul. 1, 2007 | |
|
C052573
|
Poseidon Development Inc. v. Woodland Lane Estates LLC
Trial court errs in sustaining demurrers without leave to amend, in dispute over breach of promissory note, inasmuch as actual damages are allowed. |
Contracts |
|
Jul. 1, 2007 | |
|
C052573
|
Poseidon Development Inc. v. Woodland Lane Estates LLC
Trial court errs in sustaining demurrers without leave to amend, in dispute over breach of promissory note, inasmuch as actual damages are allowed. |
Contracts |
|
Jul. 1, 2007 | |
|
C051652
|
Miller-Leigh LLC v. Henson
Court erroneously finds it lacked subject matter jurisdiction over case involving lease with choice-of-forum clause requiring suit be brought in Arizona. |
Civil Procedure |
|
Jul. 1, 2007 |