| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
04-15690
|
Lounsburry v. Barnhart
Medical-Vocational Guidelines must be applied to claimant with exertional and non-exertional limitations, and its finding of claimant's disability is final. |
Administrative Agencies |
|
Mar. 21, 2007 | |
|
B186206
|
Paleski v. State Dept. of Health Services
State law exempts Dept. of Health Services' published drug criteria from Administrative Procedure Act. |
Administrative Agencies |
|
Mar. 21, 2007 | |
|
C051722
|
Levi v. O'Connell
California Dept. of Education is not required to pay for college education of highly gifted 13-year-old student. |
Education |
|
Mar. 21, 2007 | |
|
05-36195
|
Community House Inc. v. City of Boise
Plaintiffs raised questions concerning whether city's aid to Christian organization had effect of advancing religion in violation of Establishment Clause. |
Constitutional Law |
|
Mar. 21, 2007 | |
|
B179653a
|
The U.D. Registry Inc. v. State
Although 'Security Freeze' law failed 'as-applied' challenge, there are conceivable circumstances where it may still constitutionally apply, thus it is upheld. |
Constitutional Law |
|
Mar. 21, 2007 | |
|
C047305
|
Marriage of Leni
Community property may be used to support one spouse's needy parent. |
Family Law |
|
Mar. 21, 2007 | |
|
03-16814
|
Law Offices of David A. Boone v. Derham-Burk (In re Eliapo)
In Chapter 13 case, bankruptcy court's use of presumptive 'no-look' guideline fees was proper. |
Bankruptcy |
|
Mar. 21, 2007 | |
|
D048200
|
Terrance B., a Minor
Denial of mother's petition for modification is proper where her prior appeal resulted in limited reversal and remand. |
Family Law |
|
Mar. 21, 2007 | |
|
05-35302
|
Frunz v. City of Tacoma
Warrantless police entry into home was not justified where information made clear that burglary was not in progress. |
Criminal Law and Procedure |
|
Mar. 21, 2007 | |
|
06-10015
|
U.S. v. Martinez-Martinez
Defendant's conviction in Arizona for discharging firearm at residential structure does not constitute 'crime of violence.' |
Criminal Law and Procedure |
|
Mar. 21, 2007 | |
|
05-10475
|
U.S. v. Reina-Rodriguez
Defendant's prior conviction for felony burglary in second degree resulted from burglary of dwelling which qualified him for 16-level sentencing enhancement. |
Criminal Law and Procedure |
|
Mar. 21, 2007 | |
|
03-50214
|
U.S. v. Zakharov
In drug-smuggling case, conviction is proper where nexus between United States and seized cocaine supports jurisdiction. |
Criminal Law and Procedure |
|
Mar. 21, 2007 | |
|
03-74533
|
Fernandez-Ruiz v. Gonzales
Petitioner's Arizona misdemeanor assault convictions do not qualify as crimes of moral turpitude for purposes of removal. |
Immigration |
|
Mar. 21, 2007 | |
|
B184870
|
Hurd v. Superior Court (City of Los Angeles Police Dept.)
Pre-habeas corpus motion for discovery of peace officers' personnel records, not sought during original prosecution, is not allowed. |
Criminal Law and Procedure |
|
Mar. 21, 2007 | |
|
B184186
|
People v. Mesa
Counsel's failure to object to prosecutor's comments about defendant's silence at trial did not prejudice outcome of trial. |
Criminal Law and Procedure |
|
Mar. 21, 2007 | |
|
F048923
|
People v. Muldrow
Possibility of incarceration for alleged parole violation does not render parolee ineligible for drug treatment program provided by former Penal Code Section 1210.1. |
Criminal Law and Procedure |
|
Mar. 21, 2007 | |
|
B188042
|
People v. Lincoln
Court exceeds its jurisdiction after remand where it modified prison sentence following directions to lift stay. |
Criminal Law and Procedure |
|
Mar. 21, 2007 | |
|
H028994
|
Katz v. Campbell Union High School District
Where party's published summons did not specify concrete date for response and good cause was not demonstrated, matter was properly dismissed. |
Civil Procedure |
|
Mar. 21, 2007 | |
|
C048668
|
State Compensation Insurance Fund v. WCAB
Writ petitions are denied where WCAB held that defendant cannot use utilization review where it did not meet deadlines. |
Workers' Compensation |
|
Mar. 21, 2007 | |
|
C052528
|
Templeton Development Corp. v. Superior Court (Dick Emard Electric Inc.)
In contract dispute case, out-of-state mediation provision was unenforceable and contractor was entitled to seek damages in court action. |
Contracts |
|
Mar. 21, 2007 | |
|
S146979
|
Brodie v. WCAB (Contra Costa County Fire Protection District)
Order |
|
Mar. 21, 2007 | ||
|
D047650
|
Day v. Collingwood
Court erred in determining that motion for sanctions was moot because it was filed postjudgment. |
Civil Procedure |
|
Mar. 21, 2007 | |
|
E039518
|
People v. Allen
Defendant did not have constitutional right to testify at his SVP recommitment trial over his attorney's objection. |
Criminal Law and Procedure |
|
Mar. 21, 2007 | |
|
G036766
|
People v. Alvarado
Pursuant to Penal Code Section 786, in stolen property case, venue was proper in Orange County where property was stolen. |
Civil Procedure |
|
Mar. 21, 2007 | |
|
05-50719
|
U.S. v. Martinez-Rodriguez
When sentencing enhancement increases recidivist defendant's maximum possible sentence, defendant's recidivism need not be charged or proven beyond reasonable doubt. |
Criminal Law and Procedure |
|
Mar. 21, 2007 | |
|
04-70745
|
Sinotes-Cruz v. Gonzales
Permanent stop-time rule does not apply retroactively to prohibit petitioner from meeting seven-year continuous residence requirement. |
Immigration |
|
Mar. 21, 2007 | |
|
H028957
|
Prince v. Pacific Gas & Electric Co.
Electric company's statutory immunity from suit by injured plaintiff did not preclude property owner from filing cross-complaint for implied contractual immunity. |
Torts |
|
Mar. 21, 2007 | |
|
A112331
|
Parra v. City and County of San Francisco
One-year limitation for disciplinary proceedings provided by Public Safety Officers' Procedural Bill of Rights Act may be tolled or extended in certain circumstances. |
Government |
|
Mar. 21, 2007 | |
|
B163115
|
Oakland Raiders v. National Football League
Where new trial order does not specify juror misconduct on which it is premised, appellate court must independently review motion. |
Civil Procedure |
|
Mar. 21, 2007 | |
|
B176810
|
City of Santa Barbara v. Superior Court (Janeway)
Exculpatory clause releasing city from liability for maintenance of recreational facility does not extend to claim of gross negligence. |
Torts |
|
Mar. 21, 2007 |