| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D035486
|
McMeans v. Scripps Health
Recovery under California's Hospital Liens Act was improper where patients' insurers satisfied payment for medical treatment. |
Insurance |
|
Dec. 7, 2006 | |
|
E034242
|
People v. Cage
Neither assault victim's statement to doctor nor statement to police officer engaged in informal fact gathering was testimonial. |
Criminal Law and Procedure |
|
Dec. 7, 2006 | |
|
S125236
|
People v. Chacon
Order |
|
Dec. 7, 2006 | ||
|
S140865
|
In Re O. (Jesus)
Order |
|
Dec. 7, 2006 | ||
|
S126664
|
Conservatorship of C. (Ben)
Order |
|
Dec. 7, 2006 | ||
|
A101754
|
K.M. v. E.G.
Under 'intention' test, woman who donated eggs to lesbian partner does not qualify as parent. |
Family Law |
|
Dec. 7, 2006 | |
|
F039200
|
People v. Martinez
Dept. of Toxic Substances Control qualifies as victim entitled to restitution for cleanup costs. |
Criminal Law and Procedure |
|
Dec. 7, 2006 | |
|
S138130
|
Ross v. Ragingwire
Order |
|
Dec. 7, 2006 | ||
|
05-35245
|
Oregon Natural Resources Council v. U.S. Bureau of Land Management
Claim challenging EA issued for completed logging project is not moot because under NEPA, EA must address post-logging concerns. |
Environmental Law |
|
Dec. 7, 2006 | |
|
03-35773
|
United States v. State of Oregon
Reservation was not precluded by res judicata from asserting tribe's claim to fishing rights based on 1894 agreement. |
Native American Affairs |
|
Dec. 7, 2006 | |
|
05-35195
|
United States v. Tuff
Where taxable transfers occurred, summary judgment is properly granted for United States in its action to recover money refunded by IRS. |
Taxation |
|
Dec. 7, 2006 | |
|
03-15955
|
Nagrampa v. MailCoups Inc.
In dispute regarding arbitration provision in franchise agreement, district court failed to properly apply California law regarding unconscionability. |
Civil Procedure |
|
Dec. 7, 2006 | |
|
05-35310
|
Family Inc. v. U.S. Citizenship and Immigration Services
Substantial evidence supported finding that alien was not engaged primarily in managerial duties, thus petition for reclassification of status was properly denied. |
Immigration |
|
Dec. 7, 2006 | |
|
05-547
|
Lopez v. Gonzales
Order of removal is not proper where drug possession is not felony under Controlled Substances Act. |
Immigration |
|
Dec. 7, 2006 | |
|
C051311
|
Barnett v. Superior Court (People)
Defendant's request for original notes taken by 22 out-of-state officers who conducted interviews of testifying witnesses was erroneously denied. |
Criminal Law and Procedure |
|
Dec. 7, 2006 | |
|
F049066
|
Faughn v. Perez
Disqualification motion that requires inferences be drawn about facts within party's control, that can be disclosed without compromising confidential information, should be denied. |
Attorneys |
|
Dec. 7, 2006 | |
|
05-7664 05-7664
|
Toledo-Flores v. United States
Order |
|
Dec. 7, 2006 | ||
|
H030203
|
In re Weider
Prisoner is unsuitable for parole if viciousness of his crime indicates that his release would pose unreasonable risk to public safety. |
Criminal Law and Procedure |
|
Dec. 7, 2006 | |
|
04-15044
|
Doe v. Kamehameha Schools
Private Hawaiian school that receives no federal funds does not violate 42 U.S.C. Section 1981 by preferring Native Hawaiians in its admission policy. |
Education |
|
Dec. 7, 2006 | |
|
04-75579
|
Serrano v. Gonzales
In removal case, petitioner fails to assert valid due process ineffective assistance of counsel claim. |
Immigration |
|
Dec. 7, 2006 | |
|
05-70275
|
Valencia-Alvarez v. Gonzales
Application of law which stops accrual of continuous presence in United States when offense is committed does not have impermissible retroactive effect. |
Immigration |
|
Dec. 7, 2006 | |
|
03-56093
|
Williams v. Costco Wholesale Corp.
If amended complaint changes grounds for federal jurisdiction, but jurisdiction exists, party who properly removed case need not file second removal notice. |
Civil Procedure |
|
Dec. 7, 2006 | |
|
06-806
|
Opinion of Lockyer
City may execute subdivision improvement and reimbursement agreements with landowner, who is also council member's employer, under certain circumstances. |
Government |
|
Dec. 7, 2006 | |
|
F049966
|
Wagner Farms Inc. v. Modesto Irrigation District
Party to litigation could not be charged with costs reflecting time spent preparing documents created after disputed project's approval. |
Civil Procedure |
|
Dec. 7, 2006 | |
|
S130717
|
Philadelphia Indemnity Insurance Co. v. Montes-Harris
Insurer providing liability insurance to rental car customer has no duty to inquire into facially valid driver's license beyond inspection and signature verification. |
Insurance |
|
Dec. 7, 2006 | |
|
H026889
|
People v. Lowe
Right to speedy trial is violated when delay in trial denies defendant possibility of receiving concurrent sentences. |
Criminal Law and Procedure |
|
Dec. 7, 2006 | |
|
A096451
|
Barrett v. Rosenthal
Defendant who distributed statements regarding plaintiff's criminal conduct on Internet may be liable for defamation. |
Torts |
|
Dec. 7, 2006 | |
|
B167843
|
Hicks v. Superior Court (Kaufman & Broad Home Corp.)
Written disclaimers in sales and express warranty documents provided to home owners precluded homeowners' claim for breach of implied warranty. |
Contracts |
|
Dec. 7, 2006 | |
|
S147345
|
In re Tobacco II Cases
Order |
|
Dec. 7, 2006 | ||
|
S146832
|
People v. Baez
Order |
|
Dec. 7, 2006 |