| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B185956
|
Colburn v. The Northern Trust Co.
Creditor claims that would allow former wife and children to benefit from both testator's trust and dissolution judgment violate no-contest clause. |
Probate and Trusts |
|
May 28, 2007 | |
|
F051144
|
Jessica C., a Minor
Juvenile court must consider providing maintenance services to help ill grandfather before terminating guardianship and placing grandchildren in foster care. |
Juveniles |
|
May 28, 2007 | |
|
06-75539
|
In re: Freeman
Order |
|
May 28, 2007 | ||
|
H030054
|
City of Watsonville v. Corrigan
City is not required to tender defense before seeking reimbursement from developers pursuant to indemnity agreement. |
Contracts |
|
May 23, 2007 | |
|
C051736
|
People v. Waymire
Court properly imposes upper term where defendant admitted to violating his probation. |
Criminal Law and Procedure |
|
May 23, 2007 | |
|
05-983
|
Winkelman v. Parma City School District
Individuals with Disabilities Education Act grants parents independent, enforceable rights entitling them to free appropriate public education for their child. |
Education |
|
May 23, 2007 | |
|
B184025
|
Prokop v. City of Los Angeles
City has absolute immunity from liability for cyclist's injuries resulting from collision with fence at exit of trail. |
Government |
|
May 23, 2007 | |
|
B190270
|
People v. Chavez
Penalty assessments imposed on mandatory drug laboratory fees are subject to state court construction surcharge. |
Criminal Law and Procedure |
|
May 23, 2007 | |
|
H030732
|
Justin S., a Minor
Mother, who faces losing parental rights, must be afforded a hearing and be represented by counsel, to determine whether ICWA applies. |
Family Law |
|
May 23, 2007 | |
|
A115390
|
Hageseth v. Superior Court (People)
Out-of-state unlicensed physician who prescribed Prozac over Internet is subject to personal jurisdiction in California for resident's subsequent suicide. |
Civil Procedure |
|
May 23, 2007 | |
|
H028782
|
People v. Johnson
Defendant's conviction on various counts of corporal injury to cohabitant must stand, but 36 days must be credited for time spent in presentence custody. |
Criminal Law and Procedure |
|
May 23, 2007 | |
|
A112083
|
Smith v. Novato Unified School District
High school student’s inflammatory, insensitive editorial article about illegal immigration is protected speech under Education Code and ‘heckler’s veto’ rule. |
Education |
|
May 23, 2007 | |
|
06-35679
|
Southeast Alaska Conservation Council v. United States Army Corps of Engineers
Issuance of permit authorizing Alaskan gold mine to discharge process wastewater into lake violates Clean Water Act. |
Environmental Law |
|
May 23, 2007 | |
|
06-10398
|
U.S. v. Orman
Defendant is properly convicted of unlawful possession of firearm where he admitted to carrying handgun inside mall. |
Criminal Law and Procedure |
|
May 23, 2007 | |
|
06-56774
|
Abercrombie & Fitch Co. v. Moose Creek Inc.
District court's denial of Abercrombie & Fitch's motion to preliminarily enjoin competitor's use of newly designed 'Moose' marks, is vacated and remanded. |
Intellectual Property |
|
May 23, 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 |
|
May 23, 2007 | |
|
05-50698
|
U.S. v. Ingham
If defendant admits to leading drug smuggling conspiracy, no explicit finding where defendant exercised control over co-conspirators is necessary to impose sentencing enhancement. |
Criminal Law and Procedure |
|
May 23, 2007 | |
|
A112083
|
Smith v. Novato Unified School District
High school student’s inflammatory, insensitive editorial article about illegal immigration is protected speech under Education Code and ‘heckler’s veto’ rule. |
Education |
|
May 23, 2007 | |
|
05-1126
|
Bell Atlantic Corp. v. Twombly
Class action plaintiffs, who alleged violations of Section 1 of the Sherman Act, fail to state sufficient facts to state a claim that is 'plausible' on its face. |
Civil Procedure |
|
May 22, 2007 | |
|
06-376
|
Hinck v. U.S.
Tax Court has exclusive jurisdiction to hear interest abatement challenges against Internal Revenue Service. |
Taxation |
|
May 22, 2007 | |
|
B189649
|
People v. Lozano
Court’s improper imposition of upper term sentence is valid where the sentencing error is harmless beyond a reasonable doubt. |
Criminal Law and Procedure |
|
May 22, 2007 | |
|
06-618
|
Office of Senator Mark Dayton v. Hanson
U.S. Supreme Court lacks jurisdiction in appeal concerning former senator's claim of immunity under Speech or Debate Clause. |
Constitutional Law |
|
May 22, 2007 | |
|
05-73098
|
Saravia-Paguada v. Gonzalez
Immigration judge properly calculates time served based on sentence enhancement and substantive offense, in denying relief to Honduran national facing deportation. |
Immigration |
|
May 22, 2007 | |
|
06-30389
|
U.S. v. Meiners
15-year sentence for convicted child pornography distributor does not violate Eighth Amendment because it is not grossly disproportionate to the crime. |
Criminal Law and Procedure |
|
May 22, 2007 | |
|
04-35746
|
Spry v. Thompson
Secretary of Health and Human Services properly finds that no waiver is necessary for 'expansion populations' in Oregon's demonstration project. |
Government |
|
May 22, 2007 | |
|
04-70258
|
SuntharaLinkam v. Gonzales
Order |
|
May 22, 2007 | ||
|
B193575
|
Efund Capital Partners v. Pless
Arbitration clause liberally construed to encompass tort claims against defendants not named in fraudulent investment agreement. |
Civil Procedure |
|
May 22, 2007 | |
|
S130489
|
People v. Superior Court (Decker)
Defendant, alleged to have solicited an undercover detective to kill his own sister along with her friend, can be charged with their attempted murder. |
Criminal Law and Procedure |
|
May 22, 2007 | |
|
S136255
|
Wagner Construction Co. v. Pacific Mechanical Corp.
Court cannot deny petition to compel arbitration based on statute of limitations for underlying claim. |
Civil Procedure |
|
May 22, 2007 | |
|
05-1589
|
Davenport v. Washington Education Assoc.
Order |
|
May 22, 2007 |