| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
05-6551
|
Cunningham v. California
By placing sentence-elevating fact-finding with judge, state's determinate sentencing law violated defendant's right to trial by jury. |
Criminal Law and Procedure |
|
Jan. 26, 2007 | |
|
04-17434
|
Kahle v. Gonzales
'Eldred v. Ashcroft' effectively addresses constitutional challenges to copyright extensions granted under Copyright Term Extension Act and Copyright Renewal Act. |
Intellectual Property |
|
Jan. 26, 2007 | |
|
04-56231
|
Benitez v. Garcia
State court's decision not to enforce sentencing limitation imposed by Venezuelan extradition order was objectively unreasonable. |
Criminal Law and Procedure |
|
Jan. 26, 2007 | |
|
B174826
|
Pioneer Electronics Inc. v. Superior Court (Olmstead)
Consumers' personal information cannot be released for class action without their affirmative consent. |
Constitutional Law |
|
Jan. 25, 2007 | |
|
B173851
|
People v. Leon
Person who uses false name to procure cellular telephone maintains privacy interest in communications over that phone. |
Criminal Law and Procedure |
|
Jan. 25, 2007 | |
|
D048782
|
Jeld-Wen Inc. v. Superior Court (Marlborough Development Corp.)
Trial courts may not order parties in complex construction defect case to attend and pay for private mediation. |
Civil Procedure |
|
Jan. 25, 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. 25, 2007 | |
|
05-1508
|
Zuni Pub. Sch. Dist. No. 89 v. Dept. of Education
Order |
|
Jan. 24, 2007 | ||
|
05-9222
|
Burton v. Stewart, Supt., Stafford Creek
Order |
|
Jan. 24, 2007 | ||
|
05-11304
|
Smith v. Texas
Order |
|
Jan. 24, 2007 | ||
|
06-84
|
Safeco Ins. Co v. Burr
Order |
|
Jan. 24, 2007 | ||
|
A112880
|
Bettencourt v. City and County of San Francisco
Pursuant to applicable civil action tolling provision, disciplinary charges against officers were timely filed before expiration of one-year limitations period. |
Civil Procedure |
|
Jan. 24, 2007 | |
|
B189240
|
City National Corp. v. Franchise Tax Board
Suit for refund of taxes is improperly dismissed where plaintiff was not required to pay proposed assessments. |
Taxation |
|
Jan. 24, 2007 | |
|
B190054
|
Smith v. WCAB
Insured employee who successfully enforces his workers' compensation award following insurer's formal or informal denial of coverage is entitled to recover attorney fees. |
Employment Law |
|
Jan. 24, 2007 | |
|
A112525
|
M.V., A Minor
Petition to modify placement of foster child is improperly granted where court did not consider what would serve child's best interests. |
Family Law |
|
Jan. 24, 2007 | |
|
A111455
|
Breslin v. City and County of San Francisco
Disciplinary charges against police officer must be filed within one-year period, subject to certain statutory exceptions. |
Government |
|
Jan. 24, 2007 | |
|
B193042
|
Medeiros v. Superior Court (Health Net of California)
Arbitration clauses in health care plan agreement cannot be enforced where they do not comply with statutory disclosure requirements. |
Contracts |
|
Jan. 24, 2007 | |
|
B185726
|
Estate of Burden
For purposes of intestate succession, paternity determination is based on existence of clear and convincing evidence that natural father 'acknowledged' his child. |
Probate and Trusts |
|
Jan. 24, 2007 | |
|
S148359
|
Gunther v. Lin
Order |
|
Jan. 23, 2007 | ||
|
S141659
|
Tafoya on Habeas Corpus
Order |
|
Jan. 23, 2007 | ||
|
S148395
|
Pirooz v. Long Beach Civil Service Commission
Order |
|
Jan. 23, 2007 | ||
|
S147485
|
SWH Corporation v. Select Insurance Co.
Order |
|
Jan. 23, 2007 | ||
|
S143808
|
Davis (Garry M.) on H.C.
Order |
|
Jan. 23, 2007 | ||
|
05-72761
|
Kohli v. Gonzales
Although signature and title of issuing official were illegible on Notice to Appear, alien failed to show alleged defect deprived court of jurisdiction. |
Immigration |
|
Jan. 23, 2007 | |
|
04-56334
|
Agarwal v. Pomona Valley Medical Group Inc. (In re Pomona Valley Medical Group Inc.)
Chapter 11 debtor's rejection of executory agreement does not automatically extinguish claimant's cause of action for retaliatory termination or unfair competition. |
Bankruptcy |
|
Jan. 23, 2007 | |
|
05-30528
|
U.S. v. Pike
In bank robbery case, court applies incorrect standard of proof in determining whether to impose sentencing enhancement for possession of firearm. |
Criminal Law and Procedure |
|
Jan. 23, 2007 | |
|
04-17147
|
Stanley v. Gonzales
Civil Service Reform Act divests district court of subject matter jurisdiction to hear federal confidential employee's non-colorable constitutional claims related to her employment. |
Employment Law |
|
Jan. 23, 2007 | |
|
A114585
|
In re Miller
Board of Parole Hearings was not entitled to rely on unsworn hearsay statements in revoking parole. |
Criminal Law and Procedure |
|
Jan. 23, 2007 | |
|
B190595
|
Kobe A., a Minor
Although notice of dependency proceedings to alleged father was not in accordance with statutory requirements, error was harmless. |
Family Law |
|
Jan. 23, 2007 | |
|
F047425
|
In re Sodersten
Habeas corpus petition is granted where prosecution failed to disclose tape-recorded statements pertaining to key trial witnesses. |
Criminal Law and Procedure |
|
Jan. 23, 2007 |