| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
H028841
|
Santa Clara Valley Transportation Authority v. Rea (American Federation of State, County and Municipal Employees, Local 101, AFL-CIO)
State law requiring transportation authority to bargain with labor union that included management personnel in bargaining unit overrode federal law requiring otherwise. |
Labor Law |
|
Oct. 16, 2006 | |
|
F047649
|
Mendoza v. Rast Produce Co. Inc.
Businesses that obtained crops from commission merchant were both reconsignees and crop grower's subagents owing him fiduciary duty. |
Contracts |
|
Oct. 16, 2006 | |
|
B183184
|
Firestone v. Hoffman
Litigant's own foreign tax returns are not protected by privilege if they contain information relevant to proceeding. |
Civil Procedure |
|
Oct. 16, 2006 | |
|
A109477
|
Levin v. Ligon
Settlement of legal malpractice action in which husband asserted loss of marital assets estopped him from claiming community property interest in assets. |
Family Law |
|
Oct. 16, 2006 | |
|
G035853
|
County of Orange v. Lexington National Insurance Corp.
Court's failure to send notice of bail bond forfeiture to surety resulted in loss of jurisdiction to enter summary judgment against surety. |
Criminal Law and Procedure |
|
Oct. 16, 2006 | |
|
C050589
|
Sierra Pacific Industries v. WCAB
WCAB's decision denying reconsideration is not proper where Senate Bill establishing new guidelines for reasonable medical treatment is applicable. |
Workers' Compensation |
|
Oct. 16, 2006 | |
|
B182530
|
Janee W., a minor
Where undisputed evidence existed that continued supervision of minors was unnecessary, termination of dependency court jurisdiction was proper. |
Juveniles |
|
Oct. 16, 2006 | |
|
E038122
|
People v. Failla
Following unsuccessful petition for certificate of rehabilitation, new period of rehabilitation begins from date of denial of petition. |
Criminal Law and Procedure |
|
Oct. 16, 2006 | |
|
F049193
|
Joseph P., a Minor
Father's untimely, unsubstantiated claim of Indian heritage did not compel juvenile court to suspend proceedings and issue new notice to tribe. |
Juveniles |
|
Oct. 16, 2006 | |
|
S128248
|
John B. v. Superior Court (Bridget B.)
Discovery is allowed to establish if party has constructive knowledge of HIV infection during 'window period' of possible infection. |
Civil Procedure |
|
Oct. 16, 2006 | |
|
S136345
|
People v. Reed
Courts should consider only statutory elements in deciding whether defendant may be convicted of multiple charged offenses. |
Criminal Law and Procedure |
|
Oct. 16, 2006 | |
|
B184623
|
Singleton v. U.S. Gypsum Co.
Employer's summary judgment motion was improperly granted where determination of sexual harassment depends on resolution of material issues of fact. |
Employment Law |
|
Oct. 16, 2006 | |
|
E038503
|
Rhaburn v. Superior Court (People)
No rigid rule of vicarious, automatic disqualification due to conflict of interest for public defender whose officer previously represented witness for prosecution. |
Administrative Agencies |
|
Oct. 16, 2006 | |
|
C045405
|
The Hess Collection Winery v. California Agricultural Labor Relations Board (United Food and Commercial Workers Union)
California Agricultural Labor Relations Board properly denied petition for review of mediator's decision where interest arbitration statutes do not violate due process. |
Administrative Agencies |
|
Oct. 16, 2006 | |
|
S131992
|
Essex Insurance Co. v. Five Star Dye House Inc.
When assignee of insured's bad faith claim brings action for wrongfully withheld policy benefits, assignee can recover related attorney fees as well. |
Insurance |
|
Oct. 16, 2006 | |
|
A108619
|
Perry v. East Bay Regional Park District
In wrongful death case, defendants' summary judgment motion was properly granted based on immunity where decedent engaged in hazardous activity. |
Government |
|
Oct. 16, 2006 | |
|
S046733
|
People v. Demetrulias
Evidence of robbery and assault is admissible to establish motive and intent for felony-murder that took place earlier that same night. |
Criminal Law and Procedure |
|
Oct. 16, 2006 | |
|
S128854
|
People v. Vasquez
In murder case, participation of conflicted prosecutor did not result in due process violations. |
Criminal Law and Procedure |
|
Oct. 16, 2006 | |
|
S129476
|
Smith v. Superior Court (L'Oreal USA Inc.)
Employer effectuates 'discharge' within meaning of Labor Code when it fires employee or when it releases employee upon completion of job assignment. |
Employment Law |
|
Oct. 16, 2006 | |
|
B183487
|
State of California v. Unumprovident Corp.
Court's determination that state failed to state cause of action in its lawsuit under Insurance Code was proper. |
Insurance |
|
Oct. 16, 2006 | |
|
B181966
|
People v. Jenkins
Foreign convictions do not constitute strikes if, based upon comparison of statutory language, criminalized conduct differs from that required in California. |
Criminal Law and Procedure |
|
Oct. 16, 2006 | |
|
B179370
|
Harris v. Verizon Communications
Immunity conferred by Unclaimed Property Law is absolute, despite plaintiff's claim that escheatment was wrongful. |
Civil Procedure |
|
Oct. 16, 2006 | |
|
B184199
|
Baby Boy M., a Minor
Court lacked jurisdiction to make custody determination for child missing since birth and allegedly in another state. |
Family Law |
|
Oct. 16, 2006 | |
|
D046582
|
People v. Misa
Trial court did not err in imposing serious felony prior enhancement twice on recidivist defendant. |
Criminal Law and Procedure |
|
Oct. 16, 2006 | |
|
A110940
|
Abouab v. City and County of San Francisco
For nonprevailing party to recover attorney fees, party must utilize 'catalyst theory,' which has prerequisite of filing prelitigation notice. |
Civil Procedure |
|
Oct. 16, 2006 | |
|
B187073
|
Perryman v. Superior Court (People)
Offender's successful motion to quash jury venire was not 'mistrial' motion that triggered new period in which offender could be tried. |
Civil Procedure |
|
Oct. 16, 2006 | |
|
S122744
|
People v. Saunders
Order |
|
Oct. 16, 2006 | ||
|
G036141
|
Conservatorship of Hume
Court properly overruled objections to inventory and appraisal of estate where burden of proof on objections is on objector. |
Conservatorship |
|
Oct. 16, 2006 | |
|
B182681
|
People v. Parker
California's five-year residency requirement entitling ex-felon to certificate of rehabilitation does not violate U.S. Constitution. |
Criminal Law and Procedure |
|
Oct. 16, 2006 | |
|
05-10708
|
U.S. v. Johnson
Proposed defense for convicted felon's gun possession, and proposed jury instruction that required inquiry into circumstances and motivations for possession are rejected. |
Criminal Law and Procedure |
|
Oct. 16, 2006 |