| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
06-484
|
Tellabs, Inc., et al. v. Makor Issues & Rights, et. al.
Order |
|
Mar. 30, 2007 | ||
|
S131879
|
People v. Lowe
Defendant claiming speedy trial violation must show delay impaired ability to defend against charged crime, not simply lost chance to serve concurrent sentence. |
Criminal Law and Procedure |
|
Mar. 30, 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 |
|
Mar. 30, 2007 | |
|
C050147
|
People v. Baughman
Father not entitled to unanimous verdict on specific act of incest where jury unanimously agrees he committed all acts. |
Criminal Law and Procedure |
|
Mar. 30, 2007 | |
|
G035809
|
Paniagua v. Orange County Fire Authority
Plaintiff's attempt to amend his complaint to name additional defendants in action he previously dismissed does not commence action against additional defendants. |
Civil Procedure |
|
Mar. 30, 2007 | |
|
F050440
|
County of Kern v. Sparks
Motion for nonsuit is improperly granted where former sheriff is accused of falsely certifying unauthorized premium pay. |
Government |
|
Mar. 30, 2007 | |
|
G037019
|
Queen Villas Homeowners Association v. TCB Property Management
Indemnity clause is not deemed exculpatory where suit is only two-party situation involving property management company and homeowners association. |
Contracts |
|
Mar. 30, 2007 | |
|
A110721
|
California Teachers Association v. Vallejo City Unified School District
Teachers serving under provisional permits are 'probationary' employees entitled to statutory layoff rights afforded to fully credentialed teachers when terminated for economic reasons. |
Education |
|
Mar. 30, 2007 | |
|
C052554
|
State Board of Chiropractic Examiners v. Superior Court (Arbuckle)
Employee was required to set aside employer's decision in writ of mandate proceeding as prerequisite to filing civil tort action. |
Civil Procedure |
|
Mar. 30, 2007 | |
|
A114941
|
Citizens for a Megaplex-Free Alameda v. City of Alameda (Alameda Entertainment Associates LP)
Where city planned to rehabilitate historic theater, there is no new information that would require environmental impact report. |
Environmental Law |
|
Mar. 30, 2007 | |
|
C052807
|
Chevron Stations Inc. v. Alcoholic Beverage Control Appeals Board (Dept. of Alcoholic Beverage Control)
If agency's 'standard procedure' for administrative hearings violates Administrative Procedure Act, agency bears the burden of disproving violation before administrative appeals board. |
Administrative Agencies |
|
Mar. 30, 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 |
|
Mar. 30, 2007 | |
|
C041818
|
People v. Rabaduex
Defendant fails to show that police 'knock-notice' search of his home violated his Fourth Amendment rights. |
Criminal Law and Procedure |
|
Mar. 30, 2007 | |
|
04-55373
|
Horphag Research v. Garcia
Website's use of trademarked mark as generic term to refer to both trademarked products and rival products constitutes trademark dilution. |
Intellectual Property |
|
Mar. 29, 2007 | |
|
05-36108
|
Delay v. Gordon (United States of America)
Where plaintiff seeks amended judgment, new claim cannot be asserted against United States, which was not party to original judgment. |
Civil Procedure |
|
Mar. 29, 2007 | |
|
06-55769
|
Paulson v. City of San Diego
Court's order to enforce injunction under California constitutional authority was moot where federal legislative taking divested city of interest in war memorial. |
Civil Procedure |
|
Mar. 29, 2007 | |
|
04-16095
|
Fisher v. City of San Jose
Where plenty of time existed for police to obtain arrest warrant during 12-hour standoff at defendant's home, warrantless arrest was improper. |
Criminal Law and Procedure |
|
Mar. 29, 2007 | |
|
S133331
|
Dept. of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board (Quintanar)
Agency prosecutor may not communicate with agency decision maker about substance of case until final decision is made. |
Administrative Agencies |
|
Mar. 29, 2007 | |
|
S136690
|
TRB Investments Inc. v. Fireman's Fund Insurance Co.
Renovation work being performed on building at time of loss may have rendered building 'under construction' such that vacancy exclusion does not apply. |
Insurance |
|
Mar. 29, 2007 | |
|
C049462
|
Hawkins v. Wilton
Where moving party did not negate theory of respondeat superior liability, summary judgment was improperly granted. |
Torts |
|
Mar. 29, 2007 | |
|
A108621
|
Willmer v. Willmer
Order confirming registration of foreign judgment for child and spousal support is proper where Germany is reciprocating state. |
Family Law |
|
Mar. 29, 2007 | |
|
S122953
|
Barrett v. Rosenthal
In defamation case, defendant prevails where Internet service providers or users cannot be sued as 'distributors.' |
Torts |
|
Mar. 29, 2007 | |
|
S133798
|
People v. Neidinger
Defendant need only raise reasonable doubt regarding facts underlying his affirmative defense under Penal Code Section 278.7(a). |
Criminal Law and Procedure |
|
Mar. 29, 2007 | |
|
04-57046
|
Parra v. Astrue
Claimant bears burden of proving substance abuse is not material contributing factor to disability for purposes of receiving disability benefits. |
Administrative Agencies |
|
Mar. 29, 2007 | |
|
05-71894
|
Beecher v. Commissioner of Internal Revenue
Taxpayers cannot apply losses from other rental properties to offset 'active' income derived from renting to their own corporations. |
Taxation |
|
Mar. 29, 2007 | |
|
06-55559
|
Katie A. v. Los Angeles County
State may provide component parts of medical services required by Medicaid Act separately, so long as all mandatory services are provided. |
Government |
|
Mar. 29, 2007 | |
|
06-15494
|
Barajas v. Wise
In heroin case, habeas petition is properly granted where state failed to provide reasons for its refusal to disclose informant's addresses. |
Criminal Law and Procedure |
|
Mar. 29, 2007 | |
|
05-55347
|
Molski v. M.J. Cable Inc.
In ADA case, district court abused its discretion in denying disabled plaintiff's motion for new trial after jury found in favor of defendant. |
Civil Rights |
|
Mar. 29, 2007 | |
|
06-50051
|
U.S. v. Boyd
Hobbs Act conviction is proper where robbery of store potentially affected interstate commerce. |
Criminal Law and Procedure |
|
Mar. 29, 2007 | |
|
06-116
|
Limtiaco v. Camacho
Guam's debt limitation must be calculated according to property's assessed, not appraised, value for purposes of Organic Act. |
Taxation |
|
Mar. 29, 2007 |