| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B186687
|
People v. Grandy
Defendant who aims gun and pulls trigger has 'discharged' firearm for purposes of sentencing enhancement. |
Criminal Law and Procedure |
|
Mar. 20, 2007 | |
|
B190060
|
Sababin v. Superior Court (Covina Rehabilitation Center)
Where woman died due to infection to skin ulcer, triable issues exist as to whether rehabilitation center employees were guilty of neglect. |
Torts |
|
Mar. 20, 2007 | |
|
C053352
|
Pacific Gas and Electric Co. v. Superior Court (American Guarantee and Liability Insurance Co.)
Insurer was not authorized to recover its insured's deductible pursuant to California Code of Regulations, Title 10, Section 2695.7. |
Insurance |
|
Mar. 20, 2007 | |
|
B185398
|
Collins v. Hertz Corp.
Summary judgment may be granted if opposing party fails to prepare papers that comply with applicable procedural rules. |
Civil Procedure |
|
Mar. 20, 2007 | |
|
D048652
|
Nickolas F. v. Superior Court (San Diego County Health and Human Services Agency)
Denial of family reunification services is proper where father was involved in prior incident of child abuse. |
Family Law |
|
Mar. 20, 2007 | |
|
D047369
|
Graciano v. Robinson Ford Sales Inc.
Reduction of prevailing party's award for attorney fees, base lodestar amount and counsel's hourly rate was abuse of discretion. |
Civil Procedure |
|
Mar. 20, 2007 | |
|
B182477
|
Aguiar v. Cintas Corporation No. 2
Potential conflict of interest between proposed class members may not defeat class certification if class may be divided into sub-classes. |
Civil Procedure |
|
Mar. 20, 2007 | |
|
G036042
|
Gunther v. Lin
Restaurant owner prevails in disability discrimination case where suit was improperly brought under statute punishing only intentional conduct. |
Civil Rights |
|
Mar. 20, 2007 | |
|
B189559
|
Albert T., a Minor
Reunification services are warranted where evidence at disposition hearing was insufficient to support court's finding concerning parent's efforts to treat problem. |
Juveniles |
|
Mar. 20, 2007 | |
|
B188049
|
People v. McCray
Requiring convicted felons to provide DNA samples which may be shared with international entities does not violate constitutional privacy rights. |
Criminal Law and Procedure |
|
Mar. 20, 2007 | |
|
C052499
|
Daisy D., a Minor
There is no evidence to support mother's argument that exception to adoption based on interference with minor's sibling relationship applied. |
Juveniles |
|
Mar. 20, 2007 | |
|
B189791
|
People v. Segura
Trial court had continuing authority to modify terms and conditions of probation, even over prosecutor's objection and despite plea agreement. |
Criminal Law and Procedure |
|
Mar. 20, 2007 | |
|
E037909
|
Park City Services Inc. v. Ford Motor Co. Inc.
Business that has not registered any motor vehicles in California is not entitled to relief under Song-Beverly Consumer Warranty Act. |
Business Law |
|
Mar. 20, 2007 | |
|
G036509
|
Reiswig v. Dept. of Corporations for the State of California
Where company promoted certificates of deposit plus bonus, investment offered is not deemed security. |
Securities |
|
Mar. 20, 2007 | |
|
B182088
|
SC Manufactured Homes Inc. v. Canyon View Estates Inc.
Defendants were not entitled to attorney fees under provision of Mobilehome Residency Law where case did not arise out of that law. |
Civil Procedure |
|
Mar. 20, 2007 | |
|
B182831
|
Macias v. County of Los Angeles
Officer who did not engage in or facilitate wrongful conduct, of which he was unaware, is not liable for Section 1983 violation. |
Civil Rights |
|
Mar. 20, 2007 | |
|
B188224
|
Marriage of Burkle
Wife's separate civil lawsuit, filed while marital dissolution proceeding was pending, was properly dismissed. |
Family Law |
|
Mar. 20, 2007 | |
|
B187434
|
Brooks v. Shemaria
'Actual innocence' requirement did not apply to defendant where he brought fee dispute and professional negligence claims against attorney. |
Attorneys |
|
Mar. 20, 2007 | |
|
G034442
|
Niko v. Foreman
Modification of child custody judgment, by which mother was authorized to relocate child, is proper. |
Family Law |
|
Mar. 20, 2007 | |
|
C044770
|
People v. Tackett
In DUI case, evidence is inadmissible to show that driver was person other than defendant. |
Criminal Law and Procedure |
|
Mar. 20, 2007 | |
|
E038464
|
Marriage of Paillier
California court had no authority to modify French divorce decree by ordering child to be returned to father in France. |
Family Law |
|
Mar. 20, 2007 | |
|
A111925
|
In re Elkins
Aggravating factors of crime did not support governor's denial of parole for inmate who made exemplary rehabilitative progress during lengthy incarceration. |
Criminal Law and Procedure |
|
Mar. 20, 2007 | |
|
A110370
|
People v. Poindexter
'Substantial period of watching and waiting' is required for lying-in-wait first degree murder, as well as for lying-in-wait special circumstance. |
Criminal Law and Procedure |
|
Mar. 20, 2007 | |
|
G034707
|
Esslinger v. Cummins
Probate court properly directs trustee to provide information where beneficiary has standing to seek accounting. |
Probate and Trusts |
|
Mar. 20, 2007 | |
|
A112386
|
Wolfe v. City of Fremont
Activities of city and city council violated Brown Act's requirement that council meetings be open and public. |
Government |
|
Mar. 20, 2007 | |
|
B183821
|
The Cadle Co. v. World Wide Hospitality Furniture Inc.
Suspended corporation that had judgment entered against it due to its incapacity to defend, is entitled to reversal after having secured revivor. |
Contracts |
|
Mar. 20, 2007 | |
|
B188711
|
Tunstall v. Wells
Trust's no contest clause does not violate public policy even though contest brought by one beneficiary revokes gifts to all. |
Probate and Trusts |
|
Mar. 20, 2007 | |
|
B191161
|
Haraguchi v. Superior Court (People)
Prosecutor trying rape case while promoting novel involving identical charge had disabling conflict of interest warranting recusal. |
Attorneys |
|
Mar. 20, 2007 | |
|
B187029
|
People v. Hannibal
Commitment order is proper where defendant's challenges to denial of self-representation request, and relitigation of his mental state, fail. |
Criminal Law and Procedure |
|
Mar. 20, 2007 | |
|
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 |
|
Mar. 20, 2007 |