| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
G034668
|
The Standard Fire Insurance Co. v. The Spectrum Community Association
Fact that homeowners association did not exist or own property in question during policy period did not mean damage was not covered. |
Insurance |
|
Oct. 23, 2006 | |
|
03-17241
|
Stark v. Hickman
Habeas petitioner's due process right was violated when court charged jury that petitioner was to be presumed 'conclusively sane' by jury. |
Criminal Law and Procedure |
|
Oct. 23, 2006 | |
|
05-16055
|
Lara v. Ryan
In attempted murder case, denial of petition for habeas corpus is upheld where it is absolutely certain that jury found express malice. |
Criminal Law and Procedure |
|
Oct. 23, 2006 | |
|
05-10056
|
U.S. v. Almazan-Becerra
Sentence enhancement is not proper where disjunctive guilty plea does not 'unequivocally establish' that defendant committed drug trafficking offense. |
Criminal Law and Procedure |
|
Oct. 23, 2006 | |
|
F049045
|
Frank S., a Minor
Juvenile's criminal history and gang affiliations could not solely support finding that crime of carrying concealed dagger was gang-related. |
Juveniles |
|
Oct. 23, 2006 | |
|
D047383
|
Roze v. DMV
Violation of official standards in administering blood alcohol test rendered results unreliable and are thus properly accorded little evidentiary weight. |
Administrative Agencies |
|
Oct. 23, 2006 | |
|
H028213
|
People v. Rubio
In sexual battery case against massage therapist, new trial is proper where juror failed to disclose that she could not hear testimony. |
Criminal Law and Procedure |
|
Oct. 23, 2006 | |
|
C049444
|
Greer v. Buzgheia
Trial court did not err in denying motion to exclude evidence of medical costs billed to plaintiff in excess of those actually paid. |
Torts |
|
Oct. 23, 2006 | |
|
C049472
|
Witte v. Kaufman
Anti-SLAPP statute does not award attorney fees to attorney representing himself, however cost of retaining outside counsel to assist may be compensated. |
Civil Procedure |
|
Oct. 23, 2006 | |
|
04-16125
|
Great Basin Mine Watch v. Hankins
Bureau of Land Management's cumulative impact analysis in approving gold mining permits was inadequate under National Environmental Policy Act. |
Environmental Law |
|
Oct. 23, 2006 | |
|
03-17343
|
Guru Nanak Sikh Society of Yuba City v. County of Sutter
County imposed impermissible substantial burden on group's religious exercise under Religious Land Use and Institutionalized Persons Act. |
Constitutional Law |
|
Oct. 23, 2006 | |
|
C048336
|
People v. Union Pacific Railroad Co.
In case involving railcar spillage, complaint is improperly dismissed where state reporting requirements are not pre-empted by federal law. |
Constitutional Law |
|
Oct. 23, 2006 | |
|
03-56810
|
Caman v. Continental Airlines Inc.
Airline's failure to warn passenger of risk of developing deep vein thrombosis did not amount to 'accident' warranting relief under Warsaw Convention. |
Torts |
|
Oct. 23, 2006 | |
|
B184566
|
People v. Thompson
Discovery motion for officers' personnel files was properly denied because it failed to present plausible, specific factual scenario of officer misconduct. |
Criminal Law and Procedure |
|
Oct. 23, 2006 | |
|
S124494
|
Dore v. Arnold Worldwide Inc.
Advertising agency prevails in breach of contract action brought by former employee where at-will employment contract was not ambiguous. |
Employment Law |
|
Oct. 23, 2006 | |
|
05-1382
|
Gonzales, Att'y Gen. v. Planned Parenthood
Order |
|
Oct. 22, 2006 | ||
|
04-35287
|
Metrophones Telecommunications Inc. v. Global Crossing Telecommunications Inc.
Payphone service provider may not sue long distance carrier under statute creating automatic private right of action. |
Administrative Agencies |
|
Oct. 22, 2006 | |
|
04-16621
|
Planned Parenthood Federation of America Inc. v. Gonzales
Congressional intent that Partial-Birth Abortion Ban Act not be judicially construed to include health exception prohibited issuance of injunction barring unconstitutional application. |
Constitutional Law |
|
Oct. 22, 2006 | |
|
S139758
|
Gaston v. Superior Court (People)
Order |
|
Oct. 22, 2006 | ||
|
S139601
|
In re Jose S.
Order |
|
Oct. 22, 2006 | ||
|
04-15044
|
Doe v. Rabago
Order |
|
Oct. 22, 2006 | ||
|
S139968
|
People v. Wurtz
Order |
|
Oct. 22, 2006 | ||
|
04-72682
|
Acosta v. Gonzales
Alien inadmissible for accruing more than one year of unlawful presence is eligible for penalty-fee adjustment of status. |
Immigration |
|
Oct. 22, 2006 | |
|
04-35324
|
First Avenue West Building v. James (In re OneCast Media Inc.)
Bankruptcy trustee's rejection of lease does not bar action to recover balance of security deposit. |
Bankruptcy |
|
Oct. 22, 2006 | |
|
05-1007
|
Opinion of Lockyer
Mental Health Services Act does not authorize funding of costs of customary court staff operating local mental health court. |
Government |
|
Oct. 22, 2006 | |
|
04-35402
|
Gathright v. City of Portland
City's policy of enforcing rights of permittees to evict any person who interferes with their message infringes on plaintiff's First Amendment rights. |
Constitutional Law |
|
Oct. 22, 2006 | |
|
B185850
|
Kim v. Superior Court (People)
Words alone are sufficient to constitute act in furtherance of agreement to engage in prostitution when unequivocal and unambiguous. |
Criminal Law and Procedure |
|
Oct. 22, 2006 | |
|
05-7058
|
Jones v. Bock, Warden, et al.
Order |
|
Oct. 22, 2006 | ||
|
S136165
|
People v. McMahon
Order |
|
Oct. 22, 2006 | ||
|
05-1240
|
Wallace v. Chicago, IL
Order |
|
Oct. 22, 2006 |