| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
A108213
|
Charisma R. v. Kristina S.
Lesbian's petition to establish parental relationship with child born to former partner shall be reconsidered under 'Elisa B. v. Superior Court.' |
Family Law |
|
Nov. 28, 2006 | |
|
S121724
|
People v. Cole
Knox-Keene Act's exemption to rule against corporate practice of optometry does not affect statutory prohibitions on relationships between opticians and optometrists. |
Business Law |
|
Nov. 28, 2006 | |
|
E038354
|
Akin v. Certain Underwriters at Lloyd's of London
Insured was barred from seeking to recover damages for breach of homeowner's policies in action for improper rescission. |
Contracts |
|
Nov. 28, 2006 | |
|
B187797
|
Singh v. Superior Court (UHS of Delaware Inc.)
Court properly determined controlling law concerning overtime pay for health care employees on alternative workweek schedule. |
Labor Law |
|
Nov. 28, 2006 | |
|
B182869
|
Summers v. McClanahan
Plaintiff improperly served defendant under Code of Civil Procedure Section 416.90 when plaintiff served summons and complaint on defendant's personal manager. |
Civil Procedure |
|
Nov. 28, 2006 | |
|
H028471
|
People v. Ormonde
Motion to suppress evidence should have been granted where detective's illegal entry of residence led to discovery of contraband. |
Criminal Law and Procedure |
|
Nov. 28, 2006 | |
|
B179819
|
Marathon Entertainment Inc. v. Blasi
Lawful portions of parties' personal management contract may be enforced under doctrine of severability of contracts. |
Contracts |
|
Nov. 28, 2006 | |
|
S127602
|
People v. Johnson
Murder convict's claims challenging court's failure to find true allegations of group bias during jury selection are remanded for further proceedings. |
Criminal Law and Procedure |
|
Nov. 28, 2006 | |
|
S128640
|
People v. Wells
Anonymous and uncorroborated tip regarding possibly intoxicated driver affords officer reasonable suspicion sufficient to conduct brief, investigatory traffic stop. |
Criminal Law and Procedure |
|
Nov. 28, 2006 | |
|
C048289
|
People v. Karapetyan
Defendant's second degree murder conviction was proper where there was sufficient evidence that victim's death was reasonably foreseeable. |
Criminal Law and Procedure |
|
Nov. 28, 2006 | |
|
B189338
|
Cooley v. Superior Court (Greenstein)
Motion to enforce deposition subpoena duces tecum against DA's office was improperly granted where DA's office is not custodian of records. |
Civil Procedure |
|
Nov. 28, 2006 | |
|
D046961
|
Kacha v. Allstate Insurance Co.
In dispute regarding amount of damages, appraisal panel is authorized to establish value of insured items, not to make determination of coverage. |
Insurance |
|
Nov. 28, 2006 | |
|
B182835
|
Sanchez v. City of Los Angeles
Police department's notice of police officer's proposed reduction in pay grade was untimely and thus barred. |
Government |
|
Nov. 28, 2006 | |
|
F047094
|
Turlock Irrigation District v. Zanker
Water districts must provide water to town but reasonable cost of treating water for domestic use may be passed to consumers. |
Environmental Law |
|
Nov. 28, 2006 | |
|
G035099
|
The Newport Beach Country Club Inc. v. Founding Members of the Newport Beach Country Club
Where court decides case on two alternate grounds, judgment is binding under principle of res judicata only on ground addressed by appellate court |
Civil Procedure |
|
Nov. 28, 2006 | |
|
B187823
|
Baby Boy V., a Minor
Man asserting paternity is entitled to paternity test, presumed father status and reunification services if he is not unfit as parent. |
Family Law |
|
Nov. 28, 2006 | |
|
D046986
|
People v. Hunter
Because law enforcement officials may conduct parole search until parole is formally revoked, parolee's suppression motion was properly denied. |
Criminal Law and Procedure |
|
Nov. 28, 2006 | |
|
H028298
|
Quiroz v. Seventh Avenue Center
Party's survivor claim was barred by limitations period because it did not relate back to date of timely filed wrongful death claim. |
Torts |
|
Nov. 28, 2006 | |
|
B187818
|
Higgins v. Superior Court (Disney/ABC International Television)
Contract that petitioners signed to be on television show contained unconscionable arbitration provision and is thus unenforceable. |
Civil Procedure |
|
Nov. 28, 2006 | |
|
B173022
|
Karlsson v. Ford Motor Co.
Evidence and issue preclusion sanctions imposed upon car manufacturer for discovery violations in product liability action were proper. |
Civil Procedure |
|
Nov. 28, 2006 | |
|
C049525
|
Save Our Neighborhood v. Lishman (Mackay)
City violated California Environmental Quality Act when it failed to use independent environmental review in approving construction project. |
Environmental Law |
|
Nov. 28, 2006 | |
|
B186149
|
Schneider v. California Coastal Commission
California Coastal Commission may not consider boater's 'right to view' of coastline as factor in denying development in coastline zone. |
Real Property |
|
Nov. 28, 2006 | |
|
B184629
|
Carson Redevelopment Agency v. Padilla
Agency can recover consideration paid to innocent third party pursuant to public contract secured through payments extorted by public official. |
Government |
|
Nov. 28, 2006 | |
|
B182104
|
City of Santa Monica v. Gonzalez
Procedurally defective notice does not invalidate receivership appointment and actions because landowner had actual notice and history of code violations. |
Real Property |
|
Nov. 28, 2006 | |
|
G035851
|
Peak Investments v. South Peak Homeowners Association Inc.
Statute requires at least simple majority of all members of homeowners association to amend covenants, conditions and restrictions. |
Real Property |
|
Nov. 28, 2006 | |
|
B188345
|
Bob Parrett Construction Inc. v. Superior Court (Northrop Grumman Space and Mission Systems Corp.)
Petitioner is entitled to good faith settlement determination where settlement resulted in its release from civil liability. |
Civil Procedure |
|
Nov. 28, 2006 | |
|
B180724
|
People v. Mason
'Two Dismissal Rule' permits third prosecution for car-jacking charge when there was excusable neglect in earlier dismissal. |
Criminal Law and Procedure |
|
Nov. 28, 2006 | |
|
B186047
|
Eduardo M., a Minor
In case involving shooting, court improperly found delinquent to be accessory where it was found he was principal. |
Criminal Law and Procedure |
|
Nov. 28, 2006 | |
|
S123133
|
People v. Brendlin
Passenger who was momentarily stopped was not seized in absence of additional circumstances indicating he was subject of investigation. |
Criminal Law and Procedure |
|
Nov. 28, 2006 | |
|
A104363
|
People v. Schoppe-Rico
Street gang firearm possession statutes do not require proof that charged firearm possession was connected to defendant's underlying gang participation. |
Criminal Law and Procedure |
|
Nov. 28, 2006 |