| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
06-35011
|
National Wildlife Federation v. National Marine Fisheries Service
District court correctly determined that biological opinion of proposed operations in Columbia River System was structurally flawed. |
Environmental Law |
|
Apr. 13, 2007 | |
|
06-35021
|
U.S. v. Gamba
Magistrate judge may preside over closing arguments if defense counsel agreed to such appointment for tactical reasons, even if client did not consent. |
Criminal Law and Procedure |
|
Apr. 13, 2007 | |
|
05-15000
|
Stilwell v. Smith & Nephew Inc.
Despite expert testimony of manufacturing defect, makers of medical device are granted summary judgment where patient cannot prove failed screw's intended duration. |
Civil Procedure |
|
Apr. 13, 2007 | |
|
S150518
|
California Farm Bureau Federation v. California State Water Resources Control Board
Order |
|
Apr. 13, 2007 | ||
|
S150110
|
People v. Garcia
Order |
|
Apr. 13, 2007 | ||
|
F049582
|
California School Employees Association v. Livingston Union School District
School policy waiving employee's right to hearing violates due process where mailed suspension notice does not provide realistic opportunity to respond. |
Education |
|
Apr. 13, 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 |
|
Apr. 13, 2007 | |
|
F050325
|
People v. Gastello
Defendant arrested and brought to jail with drugs in pocket does not 'bring' drugs into prison. |
Criminal Law and Procedure |
|
Apr. 13, 2007 | |
|
B191958
|
In re Olson
Court improperly fails to issue OSC in granting former Symbionese Liberation Army member affirmative relief. |
Criminal Law and Procedure |
|
Apr. 13, 2007 | |
|
B169427
|
Frank v. County of Los Angeles
Minority employees fail to show racial discrimination where all county officers could apply to be sheriffs and are underpaid regardless of race. |
Civil Rights |
|
Apr. 13, 2007 | |
|
D047040
|
Austin B. v. Escondido Union School District
To constitute battery, physical contact between special education teacher and severely autistic pupil must be both unreasonable and intended to inflict harm. |
Education |
|
Apr. 13, 2007 | |
|
F049481
|
Woodward Park Homeowners Association Inc. v. City of Fresno (Zinkin)
City of Fresno's approval of new commercial development on vacant land violated CEQA. |
Environmental Law |
|
Apr. 13, 2007 | |
|
C049885
|
Mark B., a Minor
Juvenile court and referee hearing dependency case may lawfully impose sanctions against attorney whose frivolous conflict motion delays proceedings. |
Juveniles |
|
Apr. 13, 2007 | |
|
S151304
|
Coha v. S.C. (Witkin)
Order |
|
Apr. 12, 2007 | ||
|
S151111
|
Harris v. S.C. (People)
Order |
|
Apr. 12, 2007 | ||
|
B183943
|
Mansour v. Degas
Court properly refuses to set aside dismissal order where counsel moves to vacate more than 10 months after receiving notice. |
Civil Procedure |
|
Apr. 12, 2007 | |
|
G036595
|
Alexander L., a Minor
Gang expert testimony lacks proper foundation to sustain gang enhancement allegation under STEP Act. |
Juveniles |
|
Apr. 12, 2007 | |
|
A110120
|
Savaglio v. Wal-Mart Stores Inc.
Local paper that successfully unseals records filed by retailer in writ proceedings is denied attorney fees. |
Civil Procedure |
|
Apr. 12, 2007 | |
|
D047774
|
People v. Bradus
Court is required to expunge drug conviction following termination of probation even though defendant has outstanding attorney fees and costs. |
Criminal Law and Procedure |
|
Apr. 12, 2007 | |
|
B188613
|
Imran Q., a Minor
Juvenile court did not abuse its discretion in awarding attorney fees and costs to collect restitution. |
Attorneys |
|
Apr. 12, 2007 | |
|
S149842
|
People v. Berry
Order |
|
Apr. 12, 2007 | ||
|
S149580
|
People v. Carmona
Order |
|
Apr. 12, 2007 | ||
|
S149631
|
People v. Cole
Order |
|
Apr. 12, 2007 | ||
|
S150173
|
People v. Costello
Order |
|
Apr. 12, 2007 | ||
|
S150386
|
Firchow v. Citibank (South Dakota)
Order |
|
Apr. 12, 2007 | ||
|
S150771
|
People v. Fonseca
Order |
|
Apr. 12, 2007 | ||
|
B187206
|
Heiman v. WCAB (Aguilera)
Homeowners association and property manager are both liable for workers' compensation when employee of unlicensed contractor is injured first day on job. |
Workers' Compensation |
|
Apr. 12, 2007 | |
|
C052159
|
Jordan v. City of Sacramento
If attorney belatedly files suit in reliance on municipality's misstatement of accessible law, city is not estopped from asserting statute of limitations defense. |
Government |
|
Apr. 12, 2007 | |
|
S139917
|
Professional Engineers in California Government v. Kempton
Proposition 35 implicitly repealed portions of Government Code that regulated private contracting for architectural and engineering services by government agencies. |
Government |
|
Apr. 12, 2007 | |
|
S134901
|
People v. Superior Court (Vidal)
Trial court's pretrial determination of defendant's mental retardation is appealable, and need not be primarily based on defendant's IQ test scores. |
Criminal Law and Procedure |
|
Apr. 12, 2007 |