| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
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 |
|
Jun. 27, 2007 | |
|
06-969
|
Federal Election Commission v. Wisconsin Right to Life Inc.
Section 203 of Bipartisan Campaign Reform Act is unconstitutional as applied to broadcast of advertisements by ideological advocacy corporation. |
Constitutional Law |
|
Jun. 27, 2007 | |
|
G037778
|
Park v. Valverde
Outdated police records warrant application of exclusionary rule to suppress evidence of intoxication in criminal-not administrative-proceedings. |
Criminal Law and Procedure |
|
Jun. 27, 2007 | |
|
B189889
|
Salazar v. Interland Inc.
Unlicensed broker is not entitled to commissions in deal to purchase 150,000 internet services customers because transaction is sale of ‘business opportunity.’ |
Contracts |
|
Jun. 27, 2007 | |
|
F050094
|
NMSBPCSLDHB v. County of Fresno
Seller of land lacked valid grounds to rescind land sale contract with County of Fresno, and was not entitled to jury trial, as rescission action was equitable rather than legal. |
Contracts |
|
Jun. 27, 2007 | |
|
F049849
|
California Minerals v. County of Kern
Taxable value of oil and gas mineral property interests is correctly assessed as purchase price where owner cannot rebut purchase price presumption. |
Taxation |
|
Jun. 27, 2007 | |
|
A114880
|
People v. Shepherd
Hearsay testimony is inadmissible in probation revocation hearing where declarant is readily available and no good cause is shown. |
Criminal Law and Procedure |
|
Jun. 27, 2007 | |
|
06-415
|
Selig v. Pediatric Specialty Care
Order |
|
Jun. 27, 2007 | ||
|
05-75337
|
Peru v. Sharpshooter Spectrum Venture LLC
Employee of photographic services on World War II battleship falls within Longshore and Harbor Workers' Compensation Act's 'retail outlet' exclusion. |
Workers' Compensation |
|
Jun. 27, 2007 | |
|
06-1172
|
Johnson v. Potter
Order |
|
Jun. 27, 2007 | ||
|
A111425
|
Alliance Payment Systems Inc. v. Walczer
Trial court properly orders new trial in dispute between ex-lovers over settlement agreement that divided their business. |
Civil Procedure |
|
Jun. 26, 2007 | |
|
C050727
|
People v. Kiney
Statements made by pro se defendant in closing argument are properly admitted over defendant's objection as evidence in retrial. |
Criminal Law and Procedure |
|
Jun. 26, 2007 | |
|
B191272
|
Delgado v. Interinsurance Exchange of the Automobile Club of Southern California
Insurance company's demurrer is improperly sustained where it had duty to defend. |
Insurance |
|
Jun. 26, 2007 | |
|
D047895
|
People v. Cabrera
Court properly rejects defendant’s futile argument that as partial owner of vehicle, he had ‘claim of right’ defense to carjacking allegation. |
Criminal Law and Procedure |
|
Jun. 26, 2007 | |
|
04-35181
|
Caliber One Indemnity Co. v. Wade Cook Financial Corp.
Court properly concludes that insurance contract's deductible refers to total insured value of damaged property. |
Insurance |
|
Jun. 26, 2007 | |
|
06-340
|
National Association of Home Builders v. Defenders of Wildlife
Court rules that Endangered Species Act Section 7(a)(2)’s no-jeopardy duty only applies to discretionary, not mandatory federal involvement or control. |
Environmental Law |
|
Jun. 26, 2007 | |
|
E036982
|
Ermoian v. Desert Hospital
In wrongful life case, negligence claim brought against hospital and nurse by severely mentally retarded child fails. |
Torts |
|
Jun. 26, 2007 | |
|
B188723
|
California Veterinary Medical Assn. v. City of West Hollywood
City of West Hollywood's adoption of anti-declawing ordinance is not pre-empted by Business and Professions Code. |
Government |
|
Jun. 26, 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 |
|
Jun. 25, 2007 | |
|
B190963
|
Berkley v. Dowds
Physician's demurrers are properly sustained where widow fails to allege facts to support claims of negligence or willful misconduct and emotional distress. |
Torts |
|
Jun. 25, 2007 | |
|
B188665
|
Hyon v. Selten
Reasonable value of lawful services rendered is recoverable, even if contract is unenforceable due to provision of some unlawful services. |
Contracts |
|
Jun. 25, 2007 | |
|
06-278
|
Morse v. Frederick
School's suspension of student and confiscation of "BONG HiTS 4 JESUS" banner do not violate First Amendment. |
Constitutional Law |
|
Jun. 25, 2007 | |
|
06-219
|
Wilkie v. Robbins
Government employees' overzealous attempts to obtain easement for Government's use is not extortion and thus insufficient to sustain claims under RICO. |
Torts |
|
Jun. 25, 2007 | |
|
06-157
|
Hein v. Freedom from Religion Foundation Inc.
Organization lacks taxpayer standing to challenge Executive Branch's use of congressional appropriations to fund conferences promoting religious community groups. |
Constitutional Law |
|
Jun. 25, 2007 | |
|
06-30328
|
U.S. v. Norbury
Prior conviction which was later dismissed with prejudice qualifies as prior conviction for sentence enhancement purposes under 21 U.S.C. Section 841. |
Criminal Law and Procedure |
|
Jun. 25, 2007 | |
|
05-55933
|
Singh v. Gonzales
Indian citizen is properly denied petition for writ of habeas corpus for failure to timely file motion to reopen, and for lack of due diligence. |
Immigration |
|
Jun. 25, 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 |
|
Jun. 25, 2007 | |
|
B190963
|
Berkley v. Dowds
Physician's demurrers are properly sustained where widow fails to allege facts to support claims of negligence or willful misconduct and emotional distress. |
Torts |
|
Jun. 25, 2007 | |
|
B188665
|
Hyon v. Selten
Reasonable value of lawful services rendered is recoverable, even if contract is unenforceable due to provision of some unlawful services. |
Contracts |
|
Jun. 25, 2007 | |
|
06-278
|
Morse v. Frederick
School's suspension of student and confiscation of "BONG HiTS 4 JESUS" banner do not violate First Amendment. |
Constitutional Law |
|
Jun. 25, 2007 |