| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
05-50882
|
U.S. v. Zolp
Court improperly finds stock to be worthless after revelation of securities fraud where shares sold and price increased. |
Securities |
|
Mar. 16, 2007 | |
|
05-56076
|
Sprint Telephony PCS v. County of San Diego
Burdens imposed by county's wireless zoning ordinance were sufficient to sustain facial challenge under Telecommunications Act of 1996. |
Government |
|
Mar. 16, 2007 | |
|
05-16650
|
Summers v. Schriro
Of-right proceeding is form of direct review that delays start of limitations period for plea-convicted defendants seeking habeas corpus relief. |
Criminal Law and Procedure |
|
Mar. 16, 2007 | |
|
05-30522
|
U.S. v. Parry
Methamphetamine delivery punishable by statutory 10-year maximum sentence is 'serious drug offense' under Armed Career Criminal Act. |
Criminal Law and Procedure |
|
Mar. 16, 2007 | |
|
03-15481
|
Raich v. Gonzales
Plaintiff who uses marijuana for medical purposes cannot assert necessity defense as proper basis for injunctive relief. |
Criminal Law and Procedure |
|
Mar. 16, 2007 | |
|
06-15886
|
In re Napster Inc. Copyright Litigation
Party seeking disclosure of attorney-client communications under crime-fraud exception must establish its applicability, and party asserting privilege has right to introduce countervailing evidence. |
Civil Procedure |
|
Mar. 16, 2007 | |
|
B167626
|
Sheena K., a Minor
Probation condition that probationer not associate with anyone disapproved of by probation officer is unconstitutionally vague and overbroad. |
Juveniles |
|
Mar. 15, 2007 | |
|
B165756
|
Alan v. American Honda Motor Co. Inc.
Appeal of order denying motion for class certification was not timely filed. |
Civil Procedure |
|
Mar. 15, 2007 | |
|
D048002
|
Flores v. Evergreen at San Diego
Husband who signs nursing home papers for wife suffering from dementia lacks authority to bind her to nursing home arbitration agreement. |
Contracts |
|
Mar. 14, 2007 | |
|
C051132
|
Stone v. Davis
Trial court's order transferring continuing, exclusive jurisdiction over child support to another state was in error. |
Family Law |
|
Mar. 14, 2007 | |
|
B182068
|
Reyes v. Van Elk Ltd.
Case law does not preclude undocumented workers from having standing to assert their prevailing wage claim. |
Labor Law |
|
Mar. 14, 2007 | |
|
06-50219
|
U.S. v. Sales
Supervised release conditions must be related to nature and circumstances of defendant's crime, and involve no greater deprivation of liberty than reasonably necessary. |
Criminal Law and Procedure |
|
Mar. 14, 2007 | |
|
05-17308
|
Walton v. U.S. Marshals Service
Plaintiff's claim of unlawful discharge due to hearing impairment fails where she is not deemed person with disability. |
Employment Law |
|
Mar. 14, 2007 | |
|
04-56231
|
Benitez v. Garcia
Federal habeas courts may enforce limitations on punishment of extradited fugitive if punishment exceeds that imposed by extraditing country. |
Criminal Law and Procedure |
|
Mar. 14, 2007 | |
|
C047172
|
Capen v. Shewry
Read together, Health and Safety Code Sections 1204 and 1206 require licensing of single owner surgical clinics that operate in group practice. |
Administrative Agencies |
|
Mar. 14, 2007 | |
|
F050117
|
Friends of the Sierra Railroad v. Tuolumne Park and Recreation District (Tuolumne Band of Me-Wuk Indians)
Agency need not conduct environmental review of land sale if environmental impact of sale cannot be meaningfully analyzed at time of sale. |
Environmental Law |
|
Mar. 14, 2007 | |
|
D046600
|
Jones v. The Lodge at Torrey Pines Partnership
Court improperly grants defendants' motions for judgment notwithstanding verdict where evidence was sufficient to support finding of adverse employment action. |
Employment Law |
|
Mar. 14, 2007 | |
|
B187489
|
Luckett v. Keylee
Under vexatious litigant statutes, defendants are erroneously awarded attorney fees in amount of unposted bond. |
Civil Procedure |
|
Mar. 14, 2007 | |
|
H029019
|
People v. Garcia
Upon revocation of probation, trial court's reduction of defendant's sentence and removal of sex offender registration requirement was unauthorized. |
Criminal Law and Procedure |
|
Mar. 14, 2007 | |
|
A106873
|
Guillen v. Schwarzenegger
Payment of cost of living adjustments contingent upon 'any increase' in amount of tax offset is not triggered if offset amount remains constant. |
Taxation |
|
Mar. 14, 2007 | |
|
05-381
|
Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co.
Because predatory-bidding and predatory-pricing involve unilateral pricing measures in order to achieve supracompetitive profits, similar legal standards apply to both. |
Antitrust |
|
Mar. 14, 2007 | |
|
05-8820
|
Lawrence v. Florida
Federal habeas application is untimely where tolling of limitations period during pendency of petition for certiorari is not permitted. |
Civil Procedure |
|
Mar. 14, 2007 | |
|
05-1256
|
Philip Morris USA v. Williams
Philip Morris properly argues that jury should have been instructed not to punish it for injury inflicted on nonparties to negligence lawsuit. |
Torts |
|
Mar. 14, 2007 | |
|
H028659
|
Landwatch Monterey County v. County of Monterey (Chapin)
EIR is not required where evidence does not indicate significant adverse impact on environment. |
Environmental Law |
|
Mar. 14, 2007 | |
|
04-55838
|
U.S. v. Novak
Criminal defendant's retirement benefits are available as source of funds to compensate crime victims. |
Criminal Law and Procedure |
|
Mar. 14, 2007 | |
|
B185656
|
Save Tara v. City of West Hollywood (Waset Inc.)
Under California Environmental Quality Act, EIR must be prepared and considered by city before it may give approval to project. |
Environmental Law |
|
Mar. 14, 2007 | |
|
B182979
|
Gillan v. City of San Marino
Public employees are immune from liability for defamation or emotional distress for statements made during ongoing criminal investigation, but not for false arrest. |
Government |
|
Mar. 14, 2007 | |
|
06-1132
|
Taxel v. Chase Manhattan Bank (In re Deuel)
Trustee's statutory strong arm power cannot be defeated by constructive notice of unrecorded interest disclosed by documents accompanying debtor's bankruptcy petition. |
Bankruptcy |
|
Mar. 14, 2007 | |
|
D046600
|
Jones v. The Lodge at Torrey Pines Partnership
Court improperly grants defendants' motions for judgment notwithstanding verdict where evidence was sufficient to support finding of adverse employment action. |
Employment Law |
|
Mar. 14, 2007 | |
|
05-50616
|
U.S. v. Lopez
If parolee agreed to statutory conditions of parole, officers may constitutionally conduct warrantless, suspicionless search of parolee's person or residence at any time. |
Constitutional Law |
|
Mar. 14, 2007 |