| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D049796
|
Roddy v. Superior Court
Defendants may not subpoena Department of Motor Vehicles source lists absent particularized showing that minority underrespresentation result of improper jury selection. |
Criminal Law and Procedure |
|
Jun. 8, 2007 | |
|
D048038
|
San Diego County Employees Retirement Assn. v. County of San Diego
County of San Diego is not required to extend retroactive pension benefits to returning employees. |
Employment Law |
|
Jun. 8, 2007 | |
|
B187802
|
Wood v. Santa Monica Escrow Co.
Unilateral fee shifting statute prevents successful defendants in claim of financial abuse of elder from recovering attorney fees. |
Civil Procedure |
|
Jun. 8, 2007 | |
|
D049605
|
People v. Ibarra
Trial court properly permits prosecution to use 'COPS' videotape in case where defendant allegedly attempted to strangle former girlfriend to death. |
Criminal Law and Procedure |
|
Jun. 8, 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 |
|
Jun. 8, 2007 | |
|
C052207
|
People v. Ashraf
Assault case improperly dismissed for criminal discovery violation where undisclosed evidence of religious motive not favorable to defendants. |
Criminal Law and Procedure |
|
Jun. 8, 2007 | |
|
05-75269
|
Safe Air For Everyone v. United States EPA
EPA's conclusion that field burning is permissible is legally erroneous if plain language of state's Clean Air Act implementation plan prohibits field burning. |
Environmental Law |
|
Jun. 7, 2007 | |
|
A114686
|
In re Barker
Parole Board's decision denying parole for convicted murderer is invalid where it is based on findings not supported by 'some evidence.' |
Criminal Law and Procedure |
|
Jun. 7, 2007 | |
|
05-75269
|
Safe Air For Everyone v. United States EPA
EPA's conclusion that field burning is permissible is legally erroneous if plain language of state's Clean Air Act implementation plan prohibits field burning. |
Environmental Law |
|
Jun. 7, 2007 | |
|
S143287
|
Hernandez v. City of Hanford
City ordinance prohibiting furniture sales in specific area with limited exception for large department stores does not violate equal protection clause |
Constitutional Law |
|
Jun. 7, 2007 | |
|
D048404
|
Loggins v. Kaiser Permanente International
Former Kaiser employee fails to raise triable issues of fact on claims she was wrongfully terminated after she alleged racial discrimination. |
Employment Law |
|
Jun. 7, 2007 | |
|
B191115
|
People v. International Fidelity Insurance Co.
Trial court does not lack jurisdiction to declare forfeiture of bail bond provided by surety. |
Civil Procedure |
|
Jun. 7, 2007 | |
|
F050057
|
People v. Rios
Court rejects challenges to jury instructions brought by voluntary manslaughter defendant who severed opponent's jugular in bar fight. |
Criminal Law and Procedure |
|
Jun. 7, 2007 | |
|
C053568
|
Drybread v. Chipain Chiropractic Corp.
Limitation precluding attorney fees on contract claims does not apply to prevailing party in dismissed unlawful detainer action sounded in tort. |
Civil Procedure |
|
Jun. 7, 2007 | |
|
S137583
|
Joshua S., a Minor
Children living with guardian in Canada are not eligible for aid under California's Aid to Families with Dependent Children-Foster Care program. |
Juveniles |
|
Jun. 7, 2007 | |
|
06-50481
|
U.S. v. Mayer
Undercover investigation exposing North American Man/Boy Love Association member's intent to travel for sex with minors passes constitutional muster. |
Constitutional Law |
|
Jun. 7, 2007 | |
|
05-30585
|
U.S. v. Grisel
Oregon second-degree burglary is not categorical burglary under Armed Career Criminal Act because it includes crimes outside federal definition of generic burglary. |
Criminal Law and Procedure |
|
Jun. 7, 2007 | |
|
04-70804
|
Tang v. Gonzales
Woman who underwent forced abortion in China is found to be eligible for asylum and is statutorily entitled to withholding of removal. |
Immigration |
|
Jun. 7, 2007 | |
|
05-35916
|
Gruver v. Lesman Fisheries Inc.
Federal admiralty jurisdiction exists where failure to pay wages for maritime services aboard commercial vessel gives rise to assault on another ship. |
Maritime Law |
|
Jun. 7, 2007 | |
|
D049796
|
Roddy v. Superior Court
Defendants may not subpoena Department of Motor Vehicles source lists absent particularized showing that minority underrespresentation result of improper jury selection. |
Criminal Law and Procedure |
|
Jun. 7, 2007 | |
|
B187802
|
Wood v. Santa Monica Escrow Co.
Unilateral fee shifting statute prevents successful defendants in claim of financial abuse of elder from recovering attorney fees. |
Civil Procedure |
|
Jun. 7, 2007 | |
|
D049605
|
People v. Ibarra
Trial court properly permits prosecution to use 'COPS' videotape in case where defendant allegedly attempted to strangle former girlfriend to death. |
Criminal Law and Procedure |
|
Jun. 7, 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 |
|
Jun. 7, 2007 | |
|
C052207
|
People v. Ashraf
Assault case improperly dismissed for criminal discovery violation where undisclosed evidence of religious motive not favorable to defendants. |
Criminal Law and Procedure |
|
Jun. 7, 2007 | |
|
A113397
|
Overstock.com Inc. v. Gradient Analytics Inc.
Publicly traded retailer survives anti-SLAPP motion to strike defamation claim where research company produced rigged, unfounded negative stock reports to please customers. |
Torts |
|
Jun. 6, 2007 | |
|
A113397
|
Overstock.com Inc. v. Gradient Analytics Inc.
Publicly traded retailer survives anti-SLAPP motion to strike defamation claim where research company produced rigged, unfounded negative stock reports to please customers. |
Torts |
|
Jun. 6, 2007 | |
|
B190432
|
Dina v. People ex rel. Dept. of Transportation
Trial court may determine liability issues in eminent domain proceeding to conclude property owners could not support inverse condemnation and nuisance claims. |
Real Property |
|
Jun. 6, 2007 | |
|
D048404
|
Loggins v. Kaiser Permanente International
Former Kaiser employee fails to raise triable issues of fact on claims she was wrongfully terminated after she alleged racial discrimination. |
Employment Law |
|
Jun. 6, 2007 | |
|
B191115
|
People v. International Fidelity Insurance Co.
Trial court does not lack jurisdiction to declare forfeiture of bail bond provided by surety. |
Civil Procedure |
|
Jun. 6, 2007 | |
|
F050057
|
People v. Rios
Court rejects challenges to jury instructions brought by voluntary manslaughter defendant who severed opponent's jugular in bar fight. |
Criminal Law and Procedure |
|
Jun. 6, 2007 |