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Name Category Published
U.S. v. Decoud
Motion for evidentiary hearing was properly denied where record did not support defendants' claim that jury exerted racial pressure on sole African-American juror. 		Criminal Law and Procedure Oct. 4, 2006
People v. Hudson
Conviction for attempting to elude officers was improper where court failed to properly instruct jury regarding what is 'distinctively marked' police vehicle. 		Criminal Law and Procedure Oct. 4, 2006
Independent Energy Producers Association v. McPherson (Finkelstein)
California Constitution does not bar voters, through their use of initiative process, from conferring additional powers upon state's public utilities commission. 		Government Oct. 4, 2006
Enrique G., a Minor
Appointing guardian ad litem for mother in dependency proceeding violates due process but is harmless error. 		Juveniles Oct. 4, 2006
Virtanen v. O'Connell
Attorney who received conflicting demands regarding stock certificates breached his duties as escrow holder when he did not interplead shares. 		Corporations Oct. 4, 2006
Pacific Bell Wireless v. PUC (Utility Consumers' Action Network)
California PUC's decisions against wireless communication services company did not challenge rates and were not pre-empted by federal law. 		Administrative Agencies Oct. 4, 2006
Morgan Phillips Inc. v. JAMS/Endispute
Doctrine of arbitral immunity did not apply to arbitrator who without justification withdrew from arbitration proceedings and refused to render award. 		Contracts Oct. 4, 2006
People v. Jenan
Order that recused entire district attorney's office was proper where attorney who witnessed charged crime would testify at trial. 		Criminal Law and Procedure Oct. 4, 2006
Bassett v. Lakeside Inn Inc.
School district had immunity from suit where death of student occurred off campus and outside supervision of district. 		Torts Oct. 4, 2006
David B. v. Superior Court (Orange County Social Services Agency)
Parent of dependent child has due process right to contested review hearing, unfettered by juvenile court's demand for offer of proof. 		Juveniles Oct. 4, 2006
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. 4, 2006
Chambers v. Miller
Party bringing special motion to strike under anti-SLAPP statute cannot recover attorney fees if underlying claim is dismissed prior to filing of motion. 		Civil Procedure Oct. 4, 2006
Turtle Ridge Media Group Inc. v. Pacific Bell Directory
Media company was subject to arbitration where its claims against party were legally intertwined with subcontract that incorporated arbitration clause. 		Contracts Oct. 4, 2006
People v. Ramirez
If pedestrian crossing roadway is not creating immediate hazard to himself or others, officer lacks probable cause to detain and search him. 		Criminal Law and Procedure Oct. 4, 2006
CTC Real Estate Services v. Lepe
Victim of identity theft has right to surplus funds that resulted from fraud even though perpetrator did not receive such funds. 		Criminal Law and Procedure Oct. 4, 2006
Michaelis, Montanari & Johnson v. Superior Court (City of Los Angeles Dept. of Airports)
Public disclosure of competing proposals for city lease project can await conclusion of negotiation process. 		Government Oct. 4, 2006
Teichert Construction v. California Occupational Safety and Health Appeals Board (Dept. of Industrial Relations)
Construction company whose employee was seriously injured violated safety regulation when it failed to 'control' its earth moving operation in proper manner. 		Administrative Agencies Oct. 4, 2006
Estate of Saueressig
Signature of witness affixed after testator's death did not satisfy statutory requirement for valid will. 		Probate and Trusts Oct. 4, 2006
Minch v. California Highway Patrol
Where officers did not create or increase risk of harm that caused plaintiff's injuries they could not be held liable in tort. 		Torts Oct. 4, 2006
In re Schmidt
California Youth Authority may not release on parole person committed under Section 1800 of Welfare and Institutions Code. 		Criminal Law and Procedure Oct. 3, 2006
Maldonado-Galindo v. Gonzales
IIRIRA Section 240A's denial of relief to aliens previously granted relief under INS Section 212(c) does not have impermissible retroactive effect. 		Immigration Oct. 3, 2006
Sarei v. Rio Tinto, PLC
In case involving war crimes allegations, court improperly dismissed Alien Tort Claims Act claims as nonjusticiable political questions. 		Torts Oct. 3, 2006
U.S. v. Espinoza-Cano
In determining if prior conviction qualifies as aggravated felony, court may consider police report incorporated into complaint that recites mutually agreed-upon facts. 		Criminal Law and Procedure Oct. 3, 2006
U.S. v. Ziegler
Employee who accessed child pornographic websites had no objectively reasonable expectation of privacy in his workplace computer. 		Criminal Law and Procedure Oct. 3, 2006
Avenetti v. Barnhart
Summary judgment for commissioner of Social Security Administration is proper where substantial evidence supports finding that burn victim is no longer disabled. 		Administrative Agencies Oct. 3, 2006
U.S. v. Flatter
Where officers had no reason to believe defendant was armed or dangerous, search was unlawful and evidence seized must be suppressed. 		Criminal Law and Procedure Oct. 3, 2006
U.S. v. Ellsworth
Different scienter requirements of sentencing enhancements for felons in possession of stolen firearms and stolen explosives do not violate Equal Protection Clause. 		Criminal Law and Procedure Oct. 3, 2006
Alabama v. Collins
Order 		Oct. 2, 2006
Eklund v. Byron Union Sch. Dist.
Order 		Oct. 2, 2006
Allred v. Superior Court of CA
Order 		Oct. 2, 2006
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