| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
05-15151
|
Holcombe v. Hosmer
Constitutional claim is claim precluded if it could have been raised at earlier proceedings regarding employment claim arising from same set of facts. |
Civil Procedure |
|
Mar. 7, 2007 | |
|
05-10205
|
U.S. v. Mendez
Unrelated questions that do not prolong duration of lawful traffic stop need not be supported by separate reasonable suspicion. |
Criminal Law and Procedure |
|
Mar. 7, 2007 | |
|
C050103
|
People v. Wilmshurst
In case involving conviction for unlawfully possessing machine gun, defendant's privilege against self-incrimination is not violated and his federal pre-emption argument fails. |
Criminal Law and Procedure |
|
Mar. 7, 2007 | |
|
C049554
|
People v. Duarte
Father who takes son on trip to traffic drugs violates Health and Safety Code, even if minor did not participate in actual transport. |
Criminal Law and Procedure |
|
Mar. 7, 2007 | |
|
G037423
|
Dyer v. Martinez
Document does not provide constructive notice unless and until it is recorded and can be located by diligent title search. |
Real Property |
|
Mar. 7, 2007 | |
|
B189586
|
Yoo v. Jho
Buyer who knew business she bought sold counterfeit goods cannot obtain recovery against seller in action for breach of contract. |
Contracts |
|
Mar. 7, 2007 | |
|
S132666
|
People v. Navarro
If insufficient evidence supports conviction for single offense, appellate court may not modify judgment to reflect conviction for two lesser included offenses. |
Criminal Law and Procedure |
|
Mar. 7, 2007 | |
|
S133805
|
Taus v. Loftus
Appellate court properly found evidence presented by plaintiff is sufficient to establish prima facie case under intrusion-into-private-matters tort. |
Civil Procedure |
|
Mar. 7, 2007 | |
|
C050384
|
Hart v. Autowest Dodge
Under Vehicle Leasing Act, tender and deposit are not prerequisites for defendant who prevails at trial to recover its attorney fees. |
Business Law |
|
Mar. 7, 2007 | |
|
04-56424
|
Van v. Barnhart
Successful Social Security claimant, enforcing determination to which government consents, timely files for attorney fees within 30 days after appeal period expires. |
Administrative Agencies |
|
Mar. 7, 2007 | |
|
05-50768
|
U.S. v. Castillo-Basa
If issue of defendant's veracity was decided at prior trial for different offense, later prosecution for perjury is barred by double jeopardy. |
Criminal Law and Procedure |
|
Mar. 7, 2007 | |
|
05-30604
|
U.S. v. Mejia-Pimental
Defendant who first lies but later proffers truthful information before sentencing fulfills 'good faith' requirement and is eligible for safety valve relief. |
Criminal Law and Procedure |
|
Mar. 7, 2007 | |
|
C053061
|
People v. Hernandez
Defendant is not entitled to have jury determine facts upon which trial court relied to impose consecutive sentences. |
Criminal Law and Procedure |
|
Mar. 7, 2007 | |
|
B187804
|
Dyer v. Childress
Anti-SLAPP statute does not protect 'Reality Bites' producers where defamation claim based on unflattering portrayal of slacker is not issue of public interest. |
Civil Procedure |
|
Mar. 7, 2007 | |
|
06-1109
|
Alonso v. Summerville (In re Summerville)
Confirmed Chapter 13 plan does not bar debtor from contesting obligation to pay creditor outside of plan. |
Bankruptcy |
|
Mar. 7, 2007 | |
|
A114195
|
California Family Bioethics Council v. California Institute for Regenerative Medicine
Adoption of Proposition 71 is constitutional because there was no violation of 'single-subject' rule, nor misleading content in ballot materials accompanying measure. |
Constitutional Law |
|
Mar. 7, 2007 | |
|
06-10062
|
U.S. v. Lopez
District court did not abuse its discretion when it denied defendant's motion to sever drug-related counts from other charges. |
Criminal Law and Procedure |
|
Mar. 7, 2007 | |
|
04-17190
|
Frankfort Digital Services Ltd. v. Kistler (In re Reynoso)
Seller of web-based software that prepares bankruptcy petitions may qualify as 'bankruptcy petition preparer' under 11 U.S.C. Section 110. |
Bankruptcy |
|
Mar. 7, 2007 | |
|
G036991
|
Madrigal v. City of Huntington Beach (Landscape by Hiro Inc.)
Issuance of subsequent grading permits for development project are not separate projects under California Environmental Quality Act. |
Environmental Law |
|
Mar. 7, 2007 | |
|
B182096
|
Asfaw v. Woldberhan
Depreciation of rental properties may not be deducted for purposes of calculating child support under Family Code Sections 4058 and 4059. |
Family Law |
|
Mar. 7, 2007 | |
|
B174512
|
O'Neill v. Novartis Consumer Health Inc.
'People v. Kelly' standard for admission of new scientific methods is inapplicable when only professionalism of method's application is challenged, not methodology itself. |
Torts |
|
Mar. 7, 2007 | |
|
C053016
|
County of San Joaquin v. WCAB
Disability benefits for individual injured while on jury duty are calculated based on his earning capacity, not nominal rate paid to jurors. |
Workers' Compensation |
|
Mar. 7, 2007 | |
|
A114292
|
People v. Zaidi
Sentencing court must advise defendant that sex offender registration is lifelong obligation during plea colloquy. |
Criminal Law and Procedure |
|
Mar. 7, 2007 | |
|
G036911
|
Alcala v. Superior Court (People)
In granting consolidation of five murder cases, trial court erred in failing to individualize its analysis as to each case. |
Criminal Law and Procedure |
|
Mar. 7, 2007 | |
|
05-595
|
Whorton v. Bockting
Rule for admissibility of hearsay testimony set forth in 'Crawford v. Washington' does not apply retroactively because it is not watershed rule. |
Criminal Law and Procedure |
|
Mar. 7, 2007 | |
|
D044779
|
Jet Source Charter Inc. v. Doherty
Punitive damages must not exceed compensatory damages where aircraft dealer's breach of fiduciary duty causes only economic harm. |
Corporations |
|
Mar. 7, 2007 | |
|
04-17284
|
Davis v. City of Las Vegas
Summary judgment in favor of officer was in err because any reasonable officer would have know that force he used was excessive. |
Civil Rights |
|
Mar. 7, 2007 | |
|
06-10284
|
U.S. v. Alvarez-Hernandez
For purposes of sentencing enhancement, defendant's fully suspended and probation sentence does not constitute 'sentence imposed of 13 months or less.' |
Criminal Law and Procedure |
|
Mar. 7, 2007 | |
|
05-70672
|
Morales v. Gonzales
Order |
|
Mar. 7, 2007 | ||
|
05-10581
|
U.S. v. Vartanian
Trial court properly exercises its discretion in dismissing juror for her misconduct outside of jury deliberation room. |
Criminal Law and Procedure |
|
Mar. 7, 2007 |