| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D048431
|
Goold v. Superior Court (Goold)
Upon first finding of contempt, court must sentence contemner to community service or imprisonment, and may award complainant attorney fees as well. |
Civil Procedure |
|
Dec. 20, 2006 | |
|
06-35662
|
Wildwest Institute v. Bull
District court did not abuse its discretion in denying preliminary injunction against U.S. Forest Service's implementation of fuel reduction project. |
Environmental Law |
|
Dec. 20, 2006 | |
|
04-17033
|
American Civil Liberties Union of Nevada v. Lomax
Nevada initiative rule containing signature requirement violates Equal Protection Clause and is unconstitutional. |
Constitutional Law |
|
Dec. 20, 2006 | |
|
C049642
|
Citizens to Save California v. California Fair Political Practices Commission
Commission's regulation that limits contributions to candidate-controlled ballot measure committees conflicts with Political Reform Act. |
Government |
|
Dec. 20, 2006 | |
|
04-55396
|
Henry v. Lehman Commercial Paper Inc. (In re First Alliance Mortgage Co.)
Lender's aiding and abetting borrower's fraud is not 'gross and egregious' misconduct that would warrant equitable subrogation of lender's claims. |
Bankruptcy |
|
Dec. 20, 2006 | |
|
A112433
|
Thomas R., a Minor
Where parental rights were terminated, denial of opportunity to cross-examine prospective adoptive parents is not proper. |
Family Law |
|
Dec. 20, 2006 | |
|
05-30250
|
U.S. v. Cardenas-Juarez
'Safety valve' provision of 18 U.S.C. Section 3553(f) required court to impose sentence pursuant to advisory sentencing guidelines. |
Criminal Law and Procedure |
|
Dec. 20, 2006 | |
|
05-746
|
Norfolk Southern Railway Co. v. Sorrell
Order |
|
Dec. 18, 2006 | ||
|
05-50090
|
U.S. v. Luong
Good faith exception to exclusionary rule did not apply where warrant to search suspected drug manufacturer's residence was clearly lacking in probable cause. |
Criminal Law and Procedure |
|
Dec. 15, 2006 | |
|
05-10752
|
U.S. v. Boulware
In tax evasion case, court properly rejected taxpayer's defense where taxpayer failed to demonstrate funds received constituted return of capital. |
Criminal Law and Procedure |
|
Dec. 15, 2006 | |
|
05-55556
|
United States v. Premo
Court properly dismissed qui tam action for failure to overcome jurisdictional bar under False Claims Act. |
Government |
|
Dec. 15, 2006 | |
|
A109515
|
People v. Aleem
Where San Francisco provided appropriate venue, it could consent to having sexual assault case tried in San Mateo. |
Criminal Law and Procedure |
|
Dec. 15, 2006 | |
|
B188129
|
People v. Williams
Conviction for carrying loaded firearm is not proper where prosecution fails to establish constitutional reasonableness of seizure and search of car. |
Criminal Law and Procedure |
|
Dec. 15, 2006 | |
|
C048996
|
People v. Marchman
Involuntary mental health recommitment proceedings are permitted if patient's mental disorder is not in remission or cannot be kept in remission without treatment. |
Criminal Law and Procedure |
|
Dec. 15, 2006 | |
|
S146982
|
People v. Superior Court (Smith)
Order |
|
Dec. 15, 2006 | ||
|
S147204
|
Joy Road Area Forest and Watershed v. California Department of Forestry and Fire
Order |
|
Dec. 15, 2006 | ||
|
S090216
|
Eysie v. Zacson Corporation
Order |
|
Dec. 15, 2006 | ||
|
S146873
|
In re M. (John)
Order |
|
Dec. 15, 2006 | ||
|
S147189
|
Mcrae v. Department of Corrections
Order |
|
Dec. 15, 2006 | ||
|
S147853
|
Blanco v. McLaughlin (California Highway Patrol)
Order |
|
Dec. 15, 2006 | ||
|
04-76454
|
Tu v. National Transportation Safety Board
FAA denied pilot due process when it failed to provide him with notice reasonably calculated to inform him of suspension. |
Civil Procedure |
|
Dec. 15, 2006 | |
|
H028993
|
Delfino v. Agilent Technologies Inc.
Employer that provides its employees with Internet access is immune from liability under Communications Decency Act for messages sent by employee. |
Civil Procedure |
|
Dec. 15, 2006 | |
|
F048615
|
People v. Bowers
Recommitment was warranted where substantial evidence supported finding that offender suffered from mental illness that made it difficult to control her behavior. |
Criminal Law and Procedure |
|
Dec. 15, 2006 | |
|
S129220
|
Fair v. Bakhtiari
Arbitration clause in memorandum recording settlement terms fails to satisfy 'enforceable' or 'binding' standard of Evidence Code Section 1123(b). |
Civil Procedure |
|
Dec. 15, 2006 | |
|
06-30270
|
U.S. v. Juvenile Male
Following revocation of probation, resentencing of juvenile under adult sentencing scheme constitutes plain error. |
Juveniles |
|
Dec. 15, 2006 | |
|
05-50562
|
U.S. v. Zepeda-Martinez
Although district court committed 'Apprendi' error by enhancing alien's sentence, error was harmless. |
Criminal Law and Procedure |
|
Dec. 15, 2006 | |
|
B187453
|
People v. Garcia
'Terry v. Ohio' does not justify patdown search for identification. |
Criminal Law and Procedure |
|
Dec. 15, 2006 | |
|
04-35438
|
Carson v. Billings Police Dept.
District court did not abuse its discretion when it cut attorney's hourly rate and disallowed some hours. |
Administrative Agencies |
|
Dec. 15, 2006 | |
|
05-785
|
Carey v. Musladin
During murder trial, court did not 'unreasonably apply clearly established federal law' when it allowed courtroom spectators to wear buttons displaying victim's image. |
Criminal Law and Procedure |
|
Dec. 15, 2006 | |
|
05-669
|
BP America Production Co. v. Burton
Dept. of Interior's Minerals Management Service properly ordered lessees to pay additional royalties for gas leases. |
Administrative Agencies |
|
Dec. 15, 2006 |