| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
05-10629
|
U.S. v. King
Defendant's right to speedy trial is not violated under Speedy Trial Act and Sixth Amendment, despite addition of several superseding indictments. |
Criminal Law and Procedure |
|
Apr. 19, 2007 | |
|
A107803
|
Coral Construction Inc. v. City and County of San Francisco
Local ordinance requiring race and gender conscious remedies to ameliorate effects of past discrimination in public contracting violates California Civil Rights Initiative. |
Government |
|
Apr. 19, 2007 | |
|
B190270
|
People v. Chavez
Penalty assessments imposed on mandatory drug laboratory fees are subject to state court construction surcharge. |
Criminal Law and Procedure |
|
Apr. 19, 2007 | |
|
B189963
|
Rossco Holdings Inc. v. Bank of America
If disqualified judge compels arbitration in which he has no input, resultant award should not be vacated solely by virtue of judge's disqualification. |
Judges |
|
Apr. 19, 2007 | |
|
B191064
|
Andersen v. Workers' Compensation Appeals Board, City of Santa Barbara
City improperly requires employee to use vacation, rather than sick leave, for industrial injury. |
Workers' Compensation |
|
Apr. 19, 2007 | |
|
B190771
|
Giuliano v. Inland Empire Personnel Inc.
Employee's contract claim for bonus and severance pay should be arbitrated pursuant to his employment agreement under Federal Arbitration Act. |
Employment Law |
|
Apr. 19, 2007 | |
|
C050715
|
Condon-Johnson & Associates Inc. v. Sacramento Municipal Utility District
Public entity cannot disclaim responsibility for subsurface conditions that differ from those indicated in contract and relied upon to make bid. |
Contracts |
|
Apr. 19, 2007 | |
|
02-O-11078
|
Riordan v. State Bar
Stayed suspension is recommended for attorney's failure to competently perform legal services, comply with court order, and report sanctions imposed against him. |
Attorneys |
|
Apr. 19, 2007 | |
|
D049249
|
Sabrina H., a Minor
Mother fails to show that foreign placement of her dependent children contravenes goals of juvenile dependency law. |
Family Law |
|
Apr. 19, 2007 | |
|
D047993
|
People v. Weaver
In drunk driving case, probation is properly denied where 'victim vulnerability' was relevant factor considered by court. |
Criminal Law and Procedure |
|
Apr. 19, 2007 | |
|
G035385
|
People v. Kaplan
Court erred by failing to hold second competency hearing after defendant jumped from second tier of jail. |
Criminal Law and Procedure |
|
Apr. 18, 2007 | |
|
G037590
|
Lauren R., a Minor
Relative placement preference is only applicable to temporary placement of child, not adoptions, but caretaker preference is applicable to adoptions. |
Family Law |
|
Apr. 18, 2007 | |
|
05-35468
|
In re The Exxon Valdez
If state law claim is not pre-empted, state law applies to plaintiff's claim for prejudgment interest. |
Civil Procedure |
|
Apr. 18, 2007 | |
|
05-1342
|
Watters v. Wachovia Bank
Real estate lending performed by national bank is not subject to state visitorial control. |
Banking |
|
Apr. 18, 2007 | |
|
06-1328
|
Hoopai v. Countrywide Home Loans Inc. (In re Hoopai)
Creditor who 'monitors' its own impediment to debtor's completion of sale is not prevailing party entitled to attorney fees. |
Bankruptcy |
|
Apr. 18, 2007 | |
|
06-1274
|
Benz v. DTRIC Insurance Co. (In re Benz)
Insurance company's unwillingness to defend lawsuit is not per se violation of automatic stay. |
Bankruptcy |
|
Apr. 18, 2007 | |
|
06-1085
|
New Falls Corporation v. Boyajian (In re Boyajian)
Creditor who obtained its interest by assignment need not establish its own reliance on debtor's fraudulent financial statement for debt to be nondischargable. |
Bankruptcy |
|
Apr. 18, 2007 | |
|
06-1048
|
Lopez v. Emergency Service Restoration Inc. (In re Lopez)
Bankruptcy court errs in conflating 'Rooker-Feldman' doctrine with rules of preclusion. |
Bankruptcy |
|
Apr. 18, 2007 | |
|
06-1200
|
Carnduff v. U.S. Dept. of Education (In re Carnduff)
Student loan debtors who are young, healthy and educated may not be granted full discharge of their debt. |
Bankruptcy |
|
Apr. 18, 2007 | |
|
06-1267
|
Mendez v. Salven (In re Mendez)
Bankruptcy Court retains jurisdiction over Chapter 7 case where debtor waives strict compliance with 'credit counseling' requirement. |
Bankruptcy |
|
Apr. 18, 2007 | |
|
S149352
|
People v. Jordan
Order |
|
Apr. 18, 2007 | ||
|
S149977
|
People v. Brown
Order |
|
Apr. 18, 2007 | ||
|
H030451
|
The Board of Trustees of the Leland Stanford Junior University v. Superior Court (Umana)
Where plaintiff's name in complaint was signed by hand of another, amendment is allowed to cure signature defect. |
Civil Procedure |
|
Apr. 18, 2007 | |
|
D049602
|
In re Montoya
Defense attorney's failure to pursue 'taint hearing' in child molestation case does not amount to ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Apr. 18, 2007 | |
|
F047855
|
People v. Ybarra
Gang shootings remanded for resentencing where court is unaware of 'youthful offender discretion' and imposes consecutive terms without jury finding. |
Criminal Law and Procedure |
|
Apr. 18, 2007 | |
|
S150528
|
Smith v. W.C.A.B. (California Youth Authority)
Order |
|
Apr. 18, 2007 | ||
|
D047175
|
People v. Romero
If jury accepts that defendant acted in imperfect self-defense, admission of murder victim's hearsay statements regarding his fear of defendant is not prejudicial. |
Criminal Law and Procedure |
|
Apr. 18, 2007 | |
|
B188613
|
Imran Q., a Minor
Juvenile court did not abuse its discretion in awarding attorney fees and costs to collect restitution. |
Attorneys |
|
Apr. 18, 2007 | |
|
S132972
|
Vineyard Area Citizens for Responsible Growth Inc. v. City of Rancho Cordova
Environmental impact report prepared for proposed development project failed to disclose impacts of providing long-term water supplies. |
Environmental Law |
|
Apr. 18, 2007 | |
|
F051032
|
S.W., a Minor
Juvenile court has subject matter jurisdiction to terminate parental rights where evidence shows mother and children were living in California. |
Family Law |
|
Apr. 18, 2007 |