| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D049026
|
People v. Superior Court (Edwards)
Defendant is still eligible for probation under Proposition 36, despite already being on probation for other nonqualifying offenses. |
Criminal Law and Procedure |
|
Jan. 4, 2007 | |
|
B187940
|
Steinert v. City of Covina
Conversation between officer and supervisor prior to termination of employment is not subject to Public Safety Officers Procedural Bill of Rights Act. |
Government |
|
Jan. 4, 2007 | |
|
C047487
|
People v. Ortega
Prosecution did not have to prove which gang subset defendant was member of for jury to find true criminal street gang allegation. |
Criminal Law and Procedure |
|
Jan. 2, 2007 | |
|
S123832
|
Agua Caliente Band of Cahuilla Indians v. Superior Court (Fair Political Practices Commission)
Fair Political Practices Commission may file lawsuit against federally recognized Indian tribe for alleged violation of campaign contribution reporting requirements. |
Native American Affairs |
|
Jan. 2, 2007 | |
|
S129125
|
City of Goleta v. Superior Court (Oly Chadmar Sandpiper General Partnership)
Newly incorporated city had discretion to disapprove final subdivision map where tentative map had been approved by county. |
Government |
|
Jan. 2, 2007 | |
|
D048235
|
An Independent Home Support Service Inc. v. Superior Court (State Compensation Insurance Fund)
Referral agency that provides domestic workers to elderly and infirm persons is exempt from requirements of maintaining workers' compensation insurance. |
Workers' Compensation |
|
Jan. 2, 2007 | |
|
S056391
|
People v. Williams
In case involving murder in course of rape, death sentence is proper where there were neutral bases for peremptory challenges. |
Criminal Law and Procedure |
|
Jan. 2, 2007 | |
|
A114157
|
Zembsch v. Superior Court (Health Net of California Inc.)
Health care service plan provider's failure to provide 'prominently displayed' arbitration disclosure rendered any resultant arbitration agreement unenforceable. |
Insurance |
|
Jan. 2, 2007 | |
|
A113551
|
Kurz v. Federation of Petanque U.S.A.
In context of nature of nonprofit sports organization, proceedings against volunteer members subject to disciplinary action were fair and reasonable. |
Corporations |
|
Jan. 2, 2007 | |
|
B182814
|
Perez v. Roe
Once judiciary renders final judgment for case or controversy, Legislature may not revive it by amending statute of limitations. |
Constitutional Law |
|
Jan. 2, 2007 | |
|
B183033
|
Dutra v. Eagleson
Plaintiff's childhood sexual abuse claim was subject to discovery rule of Code of Civil Procedure Section 340.1 and not its 2003 revival period. |
Civil Procedure |
|
Jan. 2, 2007 | |
|
B181412
|
People v. Woods
Narcotics convictions are not proper where prosecutor's actions constituted prejudicial misconduct. |
Criminal Law and Procedure |
|
Jan. 2, 2007 | |
|
G034582
|
Marriage of Ackerman
Court may apply its 'commonsense view' to expert's goodwill valuation methodology to determine valuation of self-employed spouse's sole proprietorship. |
Family Law |
|
Jan. 2, 2007 | |
|
03-73734
|
Hosseini v. Gonzales
BIA's denial of asylum is proper where undisputed evidence shows petitioner committed fraud throughout his immigration proceedings. |
Immigration |
|
Jan. 2, 2007 | |
|
05-16024
|
Frantz v. Hazey
Order |
|
Jan. 2, 2007 | ||
|
98-99003
|
Comer v. Stewart
Order |
|
Jan. 2, 2007 | ||
|
05-30076
|
U.S. v. Larson
Order |
|
Jan. 2, 2007 | ||
|
04-10257
|
U.S. v. Ortuno-Higareda
Order |
|
Jan. 2, 2007 | ||
|
06-805
|
Opinion of Lockyer
Dispute between factions for positions on organization's board of directors does not warrant judicial resolution in furtherance of public interest. |
Corporations |
|
Dec. 27, 2006 | |
|
03-72511
|
Public Utility District No. 1 of Snohomish County Washington v. FERC
FERC erred in its procedural reliance on 'Mobile-Sierra' and in substantive standard used to determine contracts did not affect public interest. |
Government |
|
Dec. 22, 2006 | |
|
03-74207
|
PUC v. FERC
'Mobile-Sierra' review applies if FERC has opportunity for effective, timely review of contracted energy rates and considers all relevant factors to contract's formation. |
Government |
|
Dec. 22, 2006 | |
|
05-30486
|
U.S. v. Combs
District court's determination on limited 'Ameline' remand is reviewed for reasonableness to determine if district court understood its post-'Booker' sentencing discretion. |
Criminal Law and Procedure |
|
Dec. 22, 2006 | |
|
05-70658
|
Hansen v. Commissioner of Internal Revenue
Imposition of negligence penalty upon taxpayers was proper in light of numerous warning signs concerning partnership tax risks. |
Taxation |
|
Dec. 22, 2006 | |
|
04-17440
|
Walsh v. Nevada Dept. of Human Resources
In action brought under Title I of ADA, individual defendants cannot be held personally liable for violations of ADA. |
Employment Law |
|
Dec. 22, 2006 | |
|
05-35025
|
Rafaelano v. Wilson
Where appeal is treated as petition for review, matter is transferred to BIA to determine if prior order became effective order of deportation. |
Immigration |
|
Dec. 22, 2006 | |
|
S148360
|
Campbell v. Superior Court
Order |
|
Dec. 21, 2006 | ||
|
S143746
|
Hughes on Habeas Corpus
Order |
|
Dec. 21, 2006 | ||
|
S147085
|
Bell on Habeas Corpus
Order |
|
Dec. 21, 2006 | ||
|
S147704
|
Campbell v. Superior Court (People)
Order |
|
Dec. 21, 2006 | ||
|
S134072
|
Commission on Peace Officer Standards & Training v. S.C. (Los Angeles Times Communications)
Order |
|
Dec. 21, 2006 |