| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B176929
|
Wright v. City of Morro Bay
Property owners cannot claim ownership of portion of adjacent dedicated street, even if it was never opened or used for public purposes. |
Real Property |
|
Dec. 6, 2006 | |
|
C051270
|
County of Colusa v. California Wildlife Conservation Board
Where county was successful party with respect to procedural claim against state agencies, it was entitled to award of attorney fees. |
Civil Procedure |
|
Dec. 6, 2006 | |
|
F048277
|
Sanchez v. City of Modesto
Challenge to California Voting Rights Act of 2001 is rejected where statute is nondiscriminatory and passes rational basis review. |
Constitutional Law |
|
Dec. 6, 2006 | |
|
B193907
|
Ethan G., a Minor
Sexually abusive father may not return to family home until juvenile court determines child will not be endangered by unmonitored contact. |
Juveniles |
|
Dec. 6, 2006 | |
|
C047857
|
Calvert v. County of Yuba (Western Aggregates LLC)
Vested rights determination concerning entity's surface mining operation was subject to procedural due process requirements of reasonable notice. |
Government |
|
Dec. 6, 2006 | |
|
05-16790
|
Snow-Erlin v. United States
Claim for negligent miscalculation of parole release date amounted to false imprisonment claim that was barred by Federal Tort Claims Act. |
Criminal Law and Procedure |
|
Dec. 6, 2006 | |
|
S144949
|
Banda v. Richard Bagdasarian Inc.
Order |
|
Dec. 6, 2006 | ||
|
S144746
|
People v. German
Order |
|
Dec. 6, 2006 | ||
|
05-15332
|
Allen v. Gold Country Casino
Extension of sovereign immunity to casino is proper where it is owned and operated by tribe. |
Native American Affairs |
|
Dec. 6, 2006 | |
|
04-16607
|
American Federation of Government Employees v. Principi
District court may review petition by Veterans Affairs employee even though another court has exclusive jurisdiction over claims involving employees like him. |
Administrative Agencies |
|
Dec. 6, 2006 | |
|
04-74247
|
R. Williams Construction Co. v. Occupational Safety & Health Review Commission
Evidence of broad neglect of safety is sufficient to support multiple OSHA violations, following fatal cave-in accident at construction site. |
Administrative Agencies |
|
Dec. 6, 2006 | |
|
06-72498
|
U.S. v. District Court (Harrod)
Court was required to obtain government's consent prior to ordering non-jury trial at criminal defendants' request. |
Criminal Law and Procedure |
|
Dec. 6, 2006 | |
|
04-30397
|
U.S. v. Rodriquez
Motion to suppress firearm is properly denied where search was performed pursuant to valid consent. |
Criminal Law and Procedure |
|
Dec. 6, 2006 | |
|
05-15915
|
Ilio 'ulaokalani Coalition v. Rumsfeld
Environmental impact statements prepared by Army in effort to modernize its forces were inadequate for failure to consider reasonable alternatives. |
Government |
|
Dec. 6, 2006 | |
|
05-30503
|
U.S. v. Nichols
Sentencing enhancement based on defendant's use or possession of firearm in connection with another felony offense is proper. |
Criminal Law and Procedure |
|
Dec. 6, 2006 | |
|
S146211
|
People v. Akao
Order |
|
Dec. 6, 2006 | ||
|
G027714
|
Vedanta Society of Southern California v. California Quartet Ltd.
Environmental group is not entitled to attorney fees for successfully halting housing development project. |
Civil Procedure |
|
Dec. 6, 2006 | |
|
H023991
|
Jasmine Networks Inc. v. Marvell Semiconductor Inc.
Court erred in refusing to consider contents of voicemail when crime-fraud exception to attorney-client privilege applied. |
Intellectual Property |
|
Dec. 6, 2006 | |
|
S123980
|
In re Sheena K.
Order |
|
Dec. 6, 2006 | ||
|
F044059
|
People v. Kendrick
Defendant convicted of Proposition 36 crime may enter into plea bargain that permits sentencing under determinate sentencing law. |
Criminal Law and Procedure |
|
Dec. 6, 2006 | |
|
S127344
|
People v. Cage
Order |
|
Dec. 6, 2006 | ||
|
S131879
|
People v. Lowe
Order |
|
Dec. 6, 2006 | ||
|
05-10200
|
U.S. v. Carty
Order |
|
Dec. 6, 2006 | ||
|
05-35637
|
Oregon Natural Desert Association v. U.S. Forest Service
USFS' issuance of annual operating instructions to grazing permit holders constitutes final agency action, subject to judicial review under Administrative Procedure Act. |
Administrative Agencies |
|
Dec. 6, 2006 | |
|
04-35514
|
Roy v. Lampert
Where habeas petitioners made sufficient allegations that they pursued claims diligently, they are entitled to evidentiary hearing on issue of equitable tolling. |
Criminal Law and Procedure |
|
Dec. 6, 2006 | |
|
B184547
|
Zavala v. Scott Brothers Dairy Inc.
Denial of petition to compel arbitration is proper where plaintiffs' claims do not arise under collective bargaining agreement. |
Civil Procedure |
|
Dec. 6, 2006 | |
|
B184274
|
Hemady v. Long Beach Unified School District
Where student was injured during golf class, prudent person standard applied to determine school district's and coach's potential liability. |
Torts |
|
Dec. 6, 2006 | |
|
04-56105
|
Huynh v. Chase Manhattan Bank
Applying appropriate choice-of-law rules, claims of Vietnamese bank depositors seeking to recover lost funds made in foreign banks were time-barred. |
Civil Procedure |
|
Dec. 6, 2006 | |
|
S147076
|
People v. Cruz
Order |
|
Dec. 5, 2006 | ||
|
S147190
|
Edwards v. Arthur Andersen, LLP
Order |
|
Dec. 5, 2006 |