| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
04-56500
|
Freeman v. DirecTV Inc.
District court properly concluded sections of Electronic Communications Privacy Act do not provide for secondary liability claims of conspiracy and aiding and abetting. |
Civil Procedure |
|
Oct. 18, 2006 | |
|
05-15570
|
Alberni v. McDaniel
Denial of petition for writ of habeas corpus is proper where due process right that petitioner asserts has not been clearly established. |
Criminal Law and Procedure |
|
Oct. 18, 2006 | |
|
04-55536
|
United States v. Johnson Controls Inc.
False Claims Act does not require that individual report information to government prior to 'public disclosure' to qualify as 'original source.' |
Government |
|
Oct. 18, 2006 | |
|
B187208
|
B.A., a Minor
Juvenile court judge's orders denying father's application for rehearing within 20 days of filing satisfied statutory timeliness requirements. |
Juveniles |
|
Oct. 18, 2006 | |
|
S126233
|
People v. Warner
Defendant is not subject to sentence enhancement where it is not shown that prior crime amounted to serious felony. |
Criminal Law and Procedure |
|
Oct. 18, 2006 | |
|
A113933
|
O'Connell v. Superior Court (Valenzuela)
Trial court exceeded its authority in restraining superintendent from denying diplomas to students who had not passed state high school exit exam. |
Education |
|
Oct. 18, 2006 | |
|
S120546
|
Claremont Police Officers Association v. City of Claremont
City was not required to confer with police officers' association where action did not have significant impact on working conditions. |
Labor Law |
|
Oct. 18, 2006 | |
|
05-15986
|
Unified Western Grocers Inc. v. Twin City Fire Insurance Co.
If complaint alleges willful misconduct by insured, triable issue remains if liability for claim can be based on lesser degree of culpability. |
Insurance |
|
Oct. 18, 2006 | |
|
S042223
|
People v. Cook
Numerous claims raised by capital defendant are dismissed due to timeliness or lack of merit. |
Criminal Law and Procedure |
|
Oct. 18, 2006 | |
|
04-50411
|
U.S. v. Salazar-Gonzalez
Under 8 U.S.C. Section 1326, government must prove that alien's presence in country is both knowing and voluntary. |
Immigration |
|
Oct. 18, 2006 | |
|
S144890
|
People v. Brown
Order |
|
Oct. 18, 2006 | ||
|
S129755
|
People v. Standish
Failure to grant defendant own recognizance (OR) release pending preliminary examination did not deny substantial right where error did not affect hearing's outcome. |
Criminal Law and Procedure |
|
Oct. 18, 2006 | |
|
S122816
|
People v. Hudson
Order |
|
Oct. 18, 2006 | ||
|
S136617
|
People v. Watkins
Order |
|
Oct. 18, 2006 | ||
|
S140997
|
Hutton v. Hafif
Order |
|
Oct. 18, 2006 | ||
|
S136850
|
People v. George
Order |
|
Oct. 18, 2006 | ||
|
S128640
|
People v. Wells
Order |
|
Oct. 18, 2006 | ||
|
05-1116
|
Smith v. Lachter (In re Smith)
Renewal of judgment filed eight months past deadline is untimely because time for renewal was not extended. |
Bankruptcy |
|
Oct. 18, 2006 | |
|
01-99015
|
Williams v. Stewart
Convict's petition for post-conviction relief was properly denied where evidence presented against him was sufficient to support death sentence. |
Criminal Law and Procedure |
|
Oct. 17, 2006 | |
|
03-30355
|
U.S. v. Ortiz-Hernandez
Order |
|
Oct. 17, 2006 | ||
|
03-72087
|
Rivas-Gomez v. Gonzales
Conviction under Oregon Revised Statutes, which criminalizes as felony sexual intercourse with person under 16, constitutes aggravated felony under United States Code. |
Criminal Law and Procedure |
|
Oct. 17, 2006 | |
|
04-15979
|
MacDonald v. Kahikolu Ltd.
Seaman suing for negligence per se under Jones Act is not required to show that he is member of regulation's intended beneficiaries. |
Maritime Law |
|
Oct. 17, 2006 | |
|
04-50613
|
U.S. v. Biggs
District court's application of incorrect legal standard for self-defense requires reversal of defendant's conviction for assault with dangerous weapon. |
Criminal Law and Procedure |
|
Oct. 17, 2006 | |
|
04-15055
|
Tatum v. City and County of San Francisco
Officer who promptly summons necessary medical help for arrestee has acted reasonably even if officer did not administer CPR. |
Civil Rights |
|
Oct. 17, 2006 | |
|
04-10577
|
U.S. v. Piccolo
Escape from halfway house is not crime of violence under U.S. Sentencing Guidelines. |
Criminal Law and Procedure |
|
Oct. 17, 2006 | |
|
04-17338
|
Goldyn v. Hayes
Conviction for writing bad checks was improper where accused's bank guaranteed her checks regardless of her account status. |
Criminal Law and Procedure |
|
Oct. 17, 2006 | |
|
04-17338
|
Goldyn v. Hayes
Order |
|
Oct. 17, 2006 | ||
|
S123481
|
Morning Star Co. v. State Board of Equalization
Department of Toxic Substance Control's determination that certain corporations invariably use hazardous materials amounts to regulation under Administrative Procedure Act. |
Government |
|
Oct. 17, 2006 | |
|
05-8794
|
Hill v. McDonough, Int. Sec., FL Doc
Order |
|
Oct. 17, 2006 | ||
|
C050008
|
Taylor v. Roseville Toyota Inc.
Sufficient evidence supported finding that car dealership gave employee implied permission to use vehicle that was involved in accident. |
Torts |
|
Oct. 17, 2006 |