| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
03-70674
|
Morales-Izquierdo v. Gonzales
Previously removed alien who re-enters country illegally is not entitled to hearing before immigration judge to determine whether to reinstate prior removal order. |
Immigration |
|
May 8, 2007 | |
|
05-56106
|
Sprint PCS Assets, L.L.C. v. City of Palos Verdes Estates
Order |
|
May 8, 2007 | ||
|
C051696
|
Miller v. Filter
Temporarily deputized Sierra County prosecutors immune from civil liability for malicious prosecution, and should have been granted anti-SLAPP motion. |
Civil Procedure |
|
May 8, 2007 | |
|
F049334
|
El Dorado Meat Co. v. Yosemite Meat and Locker Service Inc.
Court did not abuse its discretion in award of costs to compile and prepare financial records exhibit in business torts suit. |
Civil Procedure |
|
May 7, 2007 | |
|
F050578
|
Fiorentino v. City of Fresno
Taxpayers association's challenge under California Environmental Quality Act fails due to failure to timely request hearing. |
Civil Procedure |
|
May 7, 2007 | |
|
C050196
|
Orr v. City of Stockton
Filing of petition to perpetuate testimony or preserve evidence is not filing of 'suit' for purposes of satisfying statute of limitations. |
Government |
|
May 7, 2007 | |
|
G036803
|
People v. Ranger Insurance Co.
Surety who performed only minimal efforts to locate and capture defendant did not show good cause to warrant extension of exoneration period. |
Criminal Law and Procedure |
|
May 7, 2007 | |
|
G037792
|
Brandy R., A Minor
Juvenile court's jurisdiction to hold .26 hearing is not stayed pending remittitur from mother's prior writ proceeding. |
Juveniles |
|
May 7, 2007 | |
|
B189856
|
PCO Inc. v. Christensen, Miller, Fink, Jacobs, Glaser, Weil & Shapiro LLP
Trial court errs in finding attorney, Robert Shapiro, acted outside scope of authority as partner of law firm in representation of client. |
Torts |
|
May 4, 2007 | |
|
C047502
|
People v. Barry Anderson
Jury may consider children's heightened risk of harm in determining whether defendant moved them substantial distance to constitute kidnapping for molestation. |
Criminal Law and Procedure |
|
May 4, 2007 | |
|
G035627
|
County of Orange v. Barratt American Inc.
Mitigation Fee Act justifies county's spending revenue excess on fee-related expenses. |
Government |
|
May 4, 2007 | |
|
05-55295
|
Medley v. D.L. Runnels
Order |
|
May 4, 2007 | ||
|
C051191
|
Calvin S., a Minor
Fourth Amendment does not preclude collection of DNA samples where government interest in law enforcement outweighs juvenile felon's interest in confidentiality. |
Juveniles |
|
May 4, 2007 | |
|
05-15725
|
Villegas v. City of Gilroy
Motorcycle club's exclusion from garlic festival does not violate members' First Amendment right to freedom of expression or association. |
Constitutional Law |
|
May 4, 2007 | |
|
05-16674
|
Wolfe v. George
California's vexatious litigant statute is constitutional. |
Constitutional Law |
|
May 4, 2007 | |
|
B188714
|
Pacific Business Connections Inc. v. St. Paul Surplus Lines Insurance Co.
Insurer properly denies claim after financing company cancels policy for nonpayment. |
Insurance |
|
May 4, 2007 | |
|
B186084
|
Hutton v. Hafif
Plaintiff involved in dispute with attorney is not required to pay attorney fees but cannot maintain malicious prosecution claim. |
Attorneys |
|
May 4, 2007 | |
|
B180922
|
People v. Bejarano
Defendant who intends to shoot rival gang member but kills another is not guilty of second degree felony murder under merger doctrine. |
Criminal Law and Procedure |
|
May 4, 2007 | |
|
C051385
|
Imagistics International Inc. v. Dept. of General Services
Court does not have power to issue writ of mandate to accept late filing where ordinance does not allow for discretionary acceptance. |
Government |
|
May 4, 2007 | |
|
05-1056
|
Microsoft Corp. v. AT&T Corp.
Master copy of computer software sent to foreign manufacturer for installation on computers made and sold abroad does not constitute patent infringement. |
Intellectual Property |
|
May 3, 2007 | |
|
05-1631
|
Scott v. Harris
Deputy does not violate Fourth Amendment by pushing vehicle off road to end high-speed pursuit. |
Criminal Law and Procedure |
|
May 3, 2007 | |
|
05-1345
|
United Haulers Association Inc. v. Oneida-Herkimer Solid Waste Management Authority
'Flow control' ordinances requiring private trash haulers to bring solid waste to state-created waste facilities do not violate 'dormant' Commerce Clause. |
Constitutional Law |
|
May 3, 2007 | |
|
04-1350
|
KSR International v. Teleflex Inc.
Federal Circuit errs in analyzing patent infringement claim in a narrow and rigid manner inconsistent with the Patent Act. |
Intellectual Property |
|
May 3, 2007 | |
|
05-1541
|
EC Term of Years Trust v. United States
Trust that missed deadline for exclusive remedy to challenge levy may not bring another tax refund action to evade limitations period. |
Taxation |
|
May 3, 2007 | |
|
05-10575
|
U.S. v. Sine
Court finds no plain error in prosecution of defendant involved in pyramid scheme, despite the use of inadmissible hearsay and prejudicial evidence. |
Criminal Law and Procedure |
|
May 3, 2007 | |
|
05-15266
|
Rosenbaum v. City and County of San Francisco
San Francisco permitting process and noise ordinance are deemed constitutional after First Amendment challenge by Christian evangelist group. |
Constitutional Law |
|
May 3, 2007 | |
|
05-35609
|
Jarvis v. K2 Inc.
Sporting goods manufacturer who altered and modified photographer's images for collage advertisements is not protected by collective works privilege. |
Intellectual Property |
|
May 3, 2007 | |
|
H030201
|
In re Smith
Court allows convicted murderer to apply excess time served credits against his parole sentence. |
Criminal Law and Procedure |
|
May 3, 2007 | |
|
B190523
|
People v. Thomas
Failure to use recommended jury instruction reciting same legal principle does not constitute structural error. |
Criminal Law and Procedure |
|
May 3, 2007 | |
|
D046806
|
People v. Macklem
Suspect is not 'in custody' for 'Miranda' purposes when interviewed by law enforcement official at custodial facility where he was already confined. |
Criminal Law and Procedure |
|
May 3, 2007 |
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