| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B180113
|
People v. Sanchez
Under Penal Code Section 22, defense evidence of voluntary intoxication may not be used to negate implied malice. |
Criminal Law and Procedure |
|
Oct. 17, 2006 | |
|
B164398
|
Bullock v. Philip Morris USA Inc.
Extreme reprehensibility of tobacco company's conduct justifies 33-to-1 ratio of punitive damages to compensatory damages. |
Torts |
|
Oct. 17, 2006 | |
|
04-50618
|
U.S. v. Bahamonde
Exclusion of government agent's testimony because defendant failed to comply with Dept. of Homeland Security's regulation violated defendant's due process rights. |
Criminal Law and Procedure |
|
Oct. 17, 2006 | |
|
S055474
|
People v. Perry
On automatic appeal, capital defendant's challenges to burden of proof and his absence from bench conference were denied. |
Criminal Law and Procedure |
|
Oct. 17, 2006 | |
|
04-50037
|
U.S. v. Huerta-Pimental
Original imposition of supervised release as part of sentence, and court's revocation of supervised release with additional term of imprisonment, were constitutional. |
Criminal Law and Procedure |
|
Oct. 17, 2006 | |
|
03-72005
|
Yepez-Razo v. Gonzales
In removal case, petitioner should have been protected Family Unity beneficiary from date that her application was filed. |
Immigration |
|
Oct. 17, 2006 | |
|
H028589
|
Marriage of Cauley
Where former wife was convicted of intraspousal domestic violence, husband's motion to terminate spousal support to her is properly granted. |
Family Law |
|
Oct. 17, 2006 | |
|
05-10392
|
U.S. v. Lopez-Torres
Defendant's sentence enhancement is proper where his conviction for shooting at occupied vehicle is categorically crime of violence under U.S. Sentencing Guidelines. |
Criminal Law and Procedure |
|
Oct. 17, 2006 | |
|
05-10153
|
U.S. v. Romero-Martinez
'Obliterated' means to have 'removed completely' under U.S. Sentencing Guidelines section addressing serial numbers on guns. |
Criminal Law and Procedure |
|
Oct. 17, 2006 | |
|
05-10198
|
U.S. v. Miranda-Guerena
In drug trafficking case, traffic stop that precipitated government's search and seizure was supported by reasonable suspicion of traffic violation. |
Criminal Law and Procedure |
|
Oct. 17, 2006 | |
|
A109479
|
Vanessa M., a Minor
Although father failed to appear for several court dates in multi-jurisdictional hearing, barring his testimony violated his due process rights. |
Juveniles |
|
Oct. 17, 2006 | |
|
B179798
|
Stevenson Real Estate Services Inc. v. CB Richard Ellis Real Estate Services Inc.
Party's first amended complaint failed to plead wrongful conduct in support of interference with prospective economic advantage cause of action. |
Civil Procedure |
|
Oct. 17, 2006 | |
|
06-223
|
Drebick v. Olympia
Order |
|
Oct. 17, 2006 | ||
|
06-40
|
Evans v. Berkeley, CA
Order |
|
Oct. 17, 2006 | ||
|
06-5982
|
Kroncke v. Hood
Order |
|
Oct. 17, 2006 | ||
|
04-50185
|
U.S. v. Vidal
Order |
|
Oct. 17, 2006 | ||
|
05-50597
|
U.S. v. Jose D.L.
Where record does not show violation of Juvenile Delinquency Act was harmless error, remand to district court is appropriate. |
Juveniles |
|
Oct. 17, 2006 | |
|
C048390
|
Wanland v. Law Offices of Mastagni, Holstedt & Chiurazzi
Prevailing party to anti-SLAPP motion can recover costs for appeal and challenge to plaintiff's attempt to stay enforcement of judgment pending appeal. |
Civil Procedure |
|
Oct. 17, 2006 | |
|
06-73352
|
Kenna v. District Court for the Central District (United States)
Crime Victims Rights Act does not confer general right for victims to obtain disclosure of pre-sentence report. |
Criminal Law and Procedure |
|
Oct. 17, 2006 | |
|
C048171
|
Thomas v. Gustafson
Surviving spouse's assets may be considered in determining whether principal of trust can be invaded to provide for her support. |
Probate and Trusts |
|
Oct. 17, 2006 | |
|
H028855
|
Brassfield v. Moreland Schooll District
Presence of alternate juror during deliberations was not reversible per se error and because presumption of prejudice was overcome it was harmless error. |
Civil Procedure |
|
Oct. 17, 2006 | |
|
B169636
|
Consumer Advocacy Group Inc. v. Kintetsu Enterprises of America
Court erred when it failed to evaluate whether negotiated settlement agreement for Proposition 65 claims served public interest. |
Torts |
|
Oct. 17, 2006 | |
|
B184637
|
RLI Insurance Co. v. CNA Casualty of California
Excess insurer has no equitable subrogation claim against primary insurer where there was no excess judgment against insured. |
Insurance |
|
Oct. 17, 2006 | |
|
04-35339
|
SEC v. Capital Consultants
Where parties failed to obtain direction for entry of judgment pursuant to FRCP Section 54(b), court lacked jurisdiction over their appeal. |
Securities |
|
Oct. 17, 2006 | |
|
D046728
|
County of San Diego v. Grossmont-Cuyamaca Community College District
Community College is authorized to spend public funds to mitigate off-campus traffic impact of development. |
Environmental Law |
|
Oct. 17, 2006 | |
|
H028630
|
Bustamante v. Intuit Inc.
Contractual relationship between parties did not exist where essential terms concerning funding were not detailed. |
Contracts |
|
Oct. 17, 2006 | |
|
B189507
|
Stavropoulos v. Superior Court (Stavropoulos)
Malicious prosecution action is subject to two-year statute of limitation under catch-all provision of Civil Code Section 335.1. |
Civil Procedure |
|
Oct. 17, 2006 | |
|
B183930
|
Bougere v. County of Los Angeles
Dismissal in favor of county was proper where sheriff, by establishing policies for placement of inmates, was state official immune from liability. |
Government |
|
Oct. 17, 2006 | |
|
03-17181
|
Ignacio v. Judges of the United States Court of Appeals for the Ninth Circuit
When litigant indiscriminately sues all justices in Ninth Circuit, rule of necessity applies and no disqualification of justices is required. |
Judges |
|
Oct. 17, 2006 | |
|
H029487
|
People v. Jordan
Structuring error in sentencing pursuant to plea bargain may be reviewed on appeal if agreement was for maximum sentence, not specified sentence. |
Criminal Law and Procedure |
|
Oct. 17, 2006 |