| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
F046611
|
People v. Manila
Defendant's double punishment is not proper where evidence did not demonstrate that more than one criminal act occurred pursuant to Penal Code. |
Criminal Law and Procedure |
|
Sep. 25, 2006 | |
|
S146144
|
Pizarro v. Superior Court
Order |
|
Sep. 25, 2006 | ||
|
S120238
|
People v. Modiri
Group beating principles in jury instruction did not negate requirement that defendant personally inflict great bodily harm on victim. |
Criminal Law and Procedure |
|
Sep. 25, 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 |
|
Sep. 25, 2006 | |
|
S120238
|
People v. Modiri
Order |
|
Sep. 25, 2006 | ||
|
06-84
|
Safeco Ins. Co v. Burr
Order |
|
Sep. 25, 2006 | ||
|
00-99005
|
Fields v. Brown
Order |
|
Sep. 24, 2006 | ||
|
A110536
|
Petropoulos v. Dept. of Real Estate
Where broker pled guilty to misdemeanor battery, Dept. of Real Estate's revocation of license is not proper. |
Administrative Agencies |
|
Sep. 24, 2006 | |
|
06-203
|
Opinion of Lockyer
Where prosecutor receives public records request, information from computerized database is not subject to disclosure. |
Government |
|
Sep. 24, 2006 | |
|
A105421
|
Joy Road Area Forest and Watershed Association v. California Dept. of Forestry & Fire Protection (Harmony Forest & Land Co.)
Dept. of Forestry erred when it failed to comply with CEQA's notice requirements after adding new information to timber harvest plan. |
Environmental Law |
|
Sep. 24, 2006 | |
|
03-57162
|
Continental Insurance Co. v. Federal Express Corp.
In case involving claims for loss of cargoes, court erred by applying Original Warsaw Convention where Hague Protocol is treaty in force. |
Constitutional Law |
|
Sep. 22, 2006 | |
|
05-16881
|
Rose v. Mayberg
In SVP case, writ of habeas corpus is properly denied where finding of complete inability to control one's behavior is not required. |
Criminal Law and Procedure |
|
Sep. 22, 2006 | |
|
04-75173
|
Franco-Rosendo v. Gonzales
BIA's failure to identify and evaluate favorable factors when it denied petitioners' motion to reopen was abuse of discretion. |
Immigration |
|
Sep. 22, 2006 | |
|
03-10307
|
U.S. v. Rosenthal
In case involving conviction for violations of Controlled Substances Act, new trial is proper where conversation between juror and attorney involved extraneous information. |
Civil Procedure |
|
Sep. 22, 2006 | |
|
05-10349
|
U.S. v. McWeeney
Party consented to search by allowing officer to 'look' in car, but officer cannot coerce party into believing consent cannot be revoked. |
Criminal Law and Procedure |
|
Sep. 22, 2006 | |
|
05-10037
|
U.S. v. Feingold
Two-point reduction under certain U.S.S.G. Section 2D1.1(b)(7) is available to defendants regardless of whether their offense carries mandatory minimum. |
Criminal Law and Procedure |
|
Sep. 22, 2006 | |
|
02-74417
|
Gu v. Gonzales
Application for asylum is properly denied where petitioner failed to show past or well-founded fear of persecution. |
Immigration |
|
Sep. 22, 2006 | |
|
S143293
|
In re R. (Michael)
Order |
|
Sep. 18, 2006 | ||
|
S144501
|
People v. Alice
Order |
|
Sep. 17, 2006 | ||
|
06-1112
|
Busseto Foods Inc. v. Laizure (In re Laizure)
Party seeking determination of nondischargeability was not entitled to reinstatement of his claim against debtor. |
Bankruptcy |
|
Sep. 17, 2006 | |
|
05-1512
|
United Student Funds Inc. v. Wylie (In re Wylie)
In case involving proof of claim based on student loan, motion for reconsideration of order sustaining objection is properly denied. |
Bankruptcy |
|
Sep. 17, 2006 | |
|
A098920
|
Ailanto Properties Inc. v. City of Half Moon Bay
Subdivision Map Act limits to five years length of any moratorium-related tolling of expiration of tentative map. |
Government |
|
Sep. 17, 2006 | |
|
03-50524
|
U.S. v. Howard
Order |
|
Sep. 14, 2006 | ||
|
B168730
|
Olson v. Automobile Club of Southern California
Almost $300,000 is added to attorney fees award where court awarded attorney fees without considering work performed before final statement of decision. |
Attorneys |
|
Sep. 12, 2006 | |
|
D044470
|
Thomas v. Duggins Construction Co. Inc.
Court's refusal to apportion plaintiffs' noneconomic damages in favor of intentional tortfeasor is proper under Proposition 51. |
Torts |
|
Sep. 12, 2006 | |
|
B172533
|
Mayes v. Bryan
In wrongful death action, defendants invited any instructional error where jury determined that doctor's negligence was cause of death. |
Civil Procedure |
|
Sep. 12, 2006 | |
|
H028579
|
O'Grady v. Superior Court (Apple Computer Inc.)
Subpoena to email service provider cannot be enforced consistent with plain terms of federal Stored Communications Act. |
Civil Procedure |
|
Sep. 12, 2006 | |
|
A109342
|
People v. Travis
Amendment to California DNA sample collection law applying to any person convicted of any felony did not violate offender's constitutional rights. |
Constitutional Law |
|
Sep. 12, 2006 | |
|
D045238
|
Bonner v. County of San Diego
Although former county employees could elect deferred retirement, they do not have right to make further elections which may thereafter be afforded to employees. |
Government |
|
Sep. 12, 2006 | |
|
H028147
|
San Lorenzo Valley Community Advocates for Responsible Education v. San Lorenzo Valley Unified School District
School district properly determined that its decision to close two elementary schools is exempt from California Environmental Quality Act. |
Environmental Law |
|
Sep. 12, 2006 |