| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S147821
|
People v. Clemons
Order |
|
Jan. 31, 2007 | ||
|
S147414
|
People v. Thoreson
Order |
|
Jan. 31, 2007 | ||
|
B183945
|
Federici v. Gursey Schneider & Co.
Contractual provision requiring party to raise professional negligence claims as affirmative defense in fee-related arbitration, bars party from later filing malpractice claim. |
Contracts |
|
Jan. 31, 2007 | |
|
04-16563
|
Center for Biological Diversity v. Kempthorne
Under ESA, Wildlife Service's 'warranted but precluded' finding had to be published with evaluation of data upon which decision was based. |
Environmental Law |
|
Jan. 31, 2007 | |
|
02-56509
|
Dagher v. Saudi Refining Inc.
Order |
|
Jan. 31, 2007 | ||
|
04-35898
|
Robertson v. Kulongoski
Legislation that affects terms of state-run retirement plan, but does not impair its contractual terms, does not violate Contract Clause. |
Constitutional Law |
|
Jan. 31, 2007 | |
|
03-74533
|
Fernandez-Ruiz v. Gonzales
Petitioner's Arizona conviction for domestic violence was not 'crime of violence' under federal statute that triggers removal. |
Immigration |
|
Jan. 31, 2007 | |
|
05-10640
|
U.S. v. Black
Totality of circumstances presented by domestic abuse complaint may justify warrantless search of suspect's residence. |
Criminal Law and Procedure |
|
Jan. 31, 2007 | |
|
04-35890
|
Robbins v. Social Security Administration
In determining disability, judge erroneously failed to account for both claimant's and his son's testimony offered in support of claim. |
Government |
|
Jan. 31, 2007 | |
|
04-35574
|
Pinard v. Clatskanie School District 6J
First Amendment protects high school basketball players' petition requesting resignation of their coach, where petition did not disrupt school activities. |
Constitutional Law |
|
Jan. 31, 2007 | |
|
05-15687
|
O'Donnell v. Vencor Inc.
Statute of limitations for claims brought under Equal Pay Act may be subject to equitable tolling. |
Civil Procedure |
|
Jan. 31, 2007 | |
|
04-10226
|
U.S. v. Aukai
Order |
|
Jan. 31, 2007 | ||
|
A114505
|
State Compensation Insurance Fund v. WCAB
WCAB's decision to apply permanent disability schedule was not supported by substantial evidence where doctor's report made no mention of prognosis. |
Workers' Compensation |
|
Jan. 31, 2007 | |
|
05-30401
|
U.S. v. Castillo
Order |
|
Jan. 31, 2007 | ||
|
S147905
|
Federici v. Gursey Schneider & Co.
Order |
|
Jan. 31, 2007 | ||
|
S147926
|
People v. Jenkins
Order |
|
Jan. 31, 2007 | ||
|
D049298
|
San Diego Gas & Electric Co. v. Superior Court (Harris)
Court erroneously allows amendment adding omitted heir to wrongful death action where relation-back doctrine does not apply. |
Torts |
|
Jan. 31, 2007 | |
|
E037627
|
State of California v. Underwriters at Lloyd's London
Exclusions in policy did not relieve insurer from indemnifying state for damage caused by gradual escape of pollutants from waste disposal site. |
Insurance |
|
Jan. 31, 2007 | |
|
B181837
|
ACS Systems Inc. v. St. Paul Fire and Marine Insurance Co.
Liability insurer is not required to defend insured charged with invasion of privacy for sending unsolicited fax advertisements. |
Insurance |
|
Jan. 31, 2007 | |
|
B171567
|
Bostick v. Flex Equipment Co. Inc.
In strict products liability case covering single defective product, Prop. 51 is inapplicable where defendants are part of same chain of distribution. |
Torts |
|
Jan. 31, 2007 | |
|
G037226
|
Kunysz v. Sandler
Plaintiff's motion for reconsideration filed 10 months after initial motion to strike under anti-SLAPP statute was denied as untimely. |
Civil Procedure |
|
Jan. 31, 2007 | |
|
F049687
|
Malcolm M., A Minor
Minor cannot be found liable as accessory after fact to possession of assault weapon where his actions render him principal in offense. |
Criminal Law and Procedure |
|
Jan. 31, 2007 | |
|
A112343
|
Samples v. Brown
Vehicle Code section authorizing automatic release of impounded vehicle to rental car company but not private individuals is not unconstitutional. |
Constitutional Law |
|
Jan. 31, 2007 | |
|
S133794
|
Pioneer Electronics (USA) Inc. v. Superior Court (Olmstead)
Privacy interests of customers who lodged complaints with manufacturer about product are not violated by disclosure of their contact information to class action plaintiff. |
Civil Procedure |
|
Jan. 31, 2007 | |
|
04-72270
|
International Chemical Workers Union Council of the United Food & Commercial Workers International and Its Local IC v. NLRB
Company's failure to disclose financial records to labor union during negotiations amounted to bad faith bargaining. |
Criminal Law and Procedure |
|
Jan. 31, 2007 | |
|
C044653
|
Vineyard Area Citizens for Responsible Growth Inc. v. City of Rancho Cordova (Sunrise Douglas Property Owners Association)
Under California Environmental Quality Act, lack of fair statement of facts forfeits evidentiary claims. |
Environmental Law |
|
Jan. 31, 2007 | |
|
B182232
|
Said v. Jegan
Denial of petition to determine that plaintiff is not father is improper where evidence shows plaintiff may qualify as presumed father. |
Family Law |
|
Jan. 30, 2007 | |
|
B186264
|
People v. Coleman
Taking of car keys from victim who is not owner, passenger or driver, and not in proximity to car, does not constitute carjacking. |
Criminal Law and Procedure |
|
Jan. 30, 2007 | |
|
A108741
|
People v. Bufford
Court improperly denied motion to set and impose restitution where court retains jurisdiction until economic losses of victim are determined. |
Criminal Law and Procedure |
|
Jan. 30, 2007 | |
|
C051469
|
Vergos v. McNeal
In wrongful termination case, employer's statements were connected with issue under review by official proceeding and were protected by anti-SLAPP statute. |
Civil Procedure |
|
Jan. 30, 2007 |