| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S149435
|
Nicholson v. S.C. (McMullen)
Order |
|
Jan. 30, 2007 | ||
|
S148251
|
Alameda County Social Services v. W.C.A.B. (Jackson)
Order |
|
Jan. 30, 2007 | ||
|
S147953
|
Marriage of Deffner
Order |
|
Jan. 30, 2007 | ||
|
S132772
|
Grisham v. Philip Morris
Order |
|
Jan. 30, 2007 | ||
|
S148635
|
Sonoma County v. W.C.A.B. (Duckett)
Order |
|
Jan. 30, 2007 | ||
|
C049573
|
People v. Jenkins
Battery convictions are proper where defendant challenges them under constitutional doctrine of double jeopardy. |
Criminal Law and Procedure |
|
Jan. 30, 2007 | |
|
S143850
|
Bullock v. Philip Morris USA Inc.
Order |
|
Jan. 29, 2007 | ||
|
B185265
|
In re Alcox
Attorney's failure to investigate alibi witnesses did not amount to ineffective assistance where accused made incriminating statements concerning guilt. |
Criminal Law and Procedure |
|
Jan. 29, 2007 | |
|
B186981
|
Garcia v. Superior Court (Weinberger)
Vehicle Code requires that in motor vehicle accident, vehicle be 'on' any street or highway. |
Torts |
|
Jan. 29, 2007 | |
|
03-15303
|
Beck v. Pace International Union
Merger into multiemployer plan is considered permissible means of terminating pension plan under ERISA. |
Bankruptcy |
|
Jan. 29, 2007 | |
|
03-71439
|
Defenders of Wildlife v. EPA
EPA has authority to consider impact on endangered species when deciding whether to transfer water pollution permitting authority to state government. |
Environmental Law |
|
Jan. 29, 2007 | |
|
C050566
|
Daniel V. v. Superior Court (People)
Minors' peremptory challenges to judge in juvenile cases were timely where there was no valid all-purpose assignment. |
Civil Procedure |
|
Jan. 29, 2007 | |
|
C045386
|
Toys "R" Us Inc. v. Franchise Tax Board
In refund case, judgment for Franchise Tax Board is proper where only inclusion of interest is permitted in retail store's sales factor. |
Taxation |
|
Jan. 29, 2007 | |
|
B180134
|
Camacho v. Automobile Club of Southern California
Uninsured motorist at fault in accident failed to demonstrate that party's insurer's attempts to collect monies due was unfair practice. |
Insurance |
|
Jan. 29, 2007 | |
|
C048803
|
People v. Linder
In child abuse case, preponderance of evidence burden of proof applicable to Penal Code Section 803(g) statute of limitations claims is proper. |
Criminal Law and Procedure |
|
Jan. 29, 2007 | |
|
B183053
|
People v. Hernandez
Possession of drugs for sale conviction was not proper where court applied wrong standard in denying defendant's request to discharge retained counsel. |
Criminal Law and Procedure |
|
Jan. 29, 2007 | |
|
D047891
|
Cheryl P. v. Superior Court (San Diego County Health and Human Services Agency)
Court improperly denied reunification services where parents made reasonable efforts to treat problems that led to removal of child. |
Family Law |
|
Jan. 29, 2007 | |
|
B183968
|
Mukthar v. Latin American Security Service
Under negligent undertaking doctrine, question of fact exists as to whether security company is liable for cashier's injuries. |
Torts |
|
Jan. 29, 2007 | |
|
D046360
|
Banker's Hill, Hillcrest, Park West Community Preservation Group v. City of San Diego (Mi Arbolito)
San Diego correctly determined that development of 14-story residential building is exempt from CEQA under urban in-fill development exemption. |
Environmental Law |
|
Jan. 29, 2007 | |
|
H028674
|
People v. Shazier
In sexually violent predator commitment case, prosecutor committed misconduct because his statements regarding consequences of true finding were deceptive and reprehensible. |
Criminal Law and Procedure |
|
Jan. 29, 2007 | |
|
D046279
|
Mann v. Quality Old Time Service Inc.
Defendants who only partially prevailed on anti-SLAPP motion were entitled to half of their claimed attorney fees. |
Civil Procedure |
|
Jan. 29, 2007 | |
|
B186125
|
Benson v. California Coastal Commission
Notice of hearing was adequate where developer could not reasonably rely on predictions of California Coastal Commission's staff. |
Administrative Agencies |
|
Jan. 29, 2007 | |
|
B186242
|
We Care - Santa Paula v. Herrera
Association's petition seeking to amend city's general plan satisfied Elections Code section requiring 'text of measure.' |
Government |
|
Jan. 29, 2007 | |
|
S141359
|
People v. Kelly
Order |
|
Jan. 29, 2007 | ||
|
04-1704
|
DaimlerChrysler Corp. v. Cuno
Toledo taxpayers lack standing to challenge tax benefits offered to Jeep manufacturer. |
Constitutional Law |
|
Jan. 29, 2007 | |
|
04-1527
|
S.D. Warren Co. v. Maine Board of Environmental Protection
In regard to operation of dams, state certifications are needed where dams raise potential for discharge. |
Administrative Agencies |
|
Jan. 29, 2007 | |
|
05-260
|
Sereboff v. Mid Atlantic Medical Services Inc.
Under ERISA Section 502(a)(3)(B), fiduciary seeks equitable relief when it seeks recovery through constructive trust or equitable lien on specifically identified fund. |
Employment Law |
|
Jan. 29, 2007 | |
|
05-130
|
eBay Inc. v. MercExchange LLC
Four-factor test applied by courts of equity when deciding to grant injunctive relief applied to dispute arising under Patent Act. |
Intellectual Property |
|
Jan. 29, 2007 | |
|
05-1448
|
Beck v. Pace International Union, et al.
Order |
|
Jan. 29, 2007 | ||
|
S129896
|
People v. Calhoun
Flight enhancement is imposed where defendant concedes he is guilty of gross vehicular manslaughter as aider and abettor. |
Criminal Law and Procedure |
|
Jan. 29, 2007 |