| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D046439
|
Donner Management Co. v. Schaffer
Award of attorney fees in shareholder derivative lawsuit was proper where party was 'prevailing party' under Corporations Code. |
Civil Procedure |
|
Sep. 7, 2006 | |
|
H028629
|
Paulus v. Bob Lynch Ford Inc.
Trial court properly granted defendant's special motion to strike malicious prosecution claim under anti-SLAPP statute. |
Civil Procedure |
|
Sep. 7, 2006 | |
|
H027860
|
Los Altos El Granada Investors v. City of Capitola
'Substantially advances' formula is not valid method of identifying regulatory takings for which Fifth Amendment requires just compensation. |
Constitutional Law |
|
Sep. 7, 2006 | |
|
B179751
|
Marriage of Burkle
Court's order finding post-marital agreement valid was proper where there was no presumption of undue influence from execution of agreement. |
Family Law |
|
Sep. 7, 2006 | |
|
S131818
|
San Francisco Fire Fighters v. City & County of San Francisco
Civil Service Commission rule altering method by which San Francisco firefighters are promoted falls under exception to binding arbitration requirement. |
Government |
|
Sep. 7, 2006 | |
|
S122590
|
In re Freeman
Habeas petitioner failed to demonstrate that judge and prosecutor assigned to his murder trial colluded to excuse Jewish prospective jurors from jury. |
Criminal Law and Procedure |
|
Sep. 7, 2006 | |
|
D047094
|
Francisco W., a Minor
Appellate court upholds practice of limited remands in Indian Child Welfare Act cases to instruct juvenile court to correct notice defect. |
Family Law |
|
Sep. 7, 2006 | |
|
D047022
|
Conservatorship of Christopher A.
Procedural due process requires court to obtain proposed conservatee's on-the-record, express consent to terms and consequences of conservatorship. |
Constitutional Law |
|
Sep. 7, 2006 | |
|
A110171
|
Mahon v. County of San Mateo
Permit applications were not deemed approved pursuant to Permit Streamlining Act where party failed to provide notice to public for deemed approval. |
Government |
|
Sep. 7, 2006 | |
|
G035836
|
Moran v. California Dept. of Motor Vehicles
Writ relief cannot be granted where DMV has no duty to renew vehicle registration without salvage certificate. |
Civil Procedure |
|
Sep. 7, 2006 | |
|
B180004
|
People v. Walker
In murder case, evidence of prior sexual assaults to prove propensity was improperly admitted where defendant was not accused of sexual offense. |
Criminal Law and Procedure |
|
Sep. 7, 2006 | |
|
A106375
|
Ford v. Polaris Industries Inc.
Doctrine of primary assumption of risk did not preclude injured jet skier from raising defective design claim against manufacturer of watercraft. |
Torts |
|
Sep. 7, 2006 | |
|
B182733
|
Totten v. Board of Supervisors of the County of Ventura
Electorate cannot, via initiative, in general law county enact ordinance prescribing minimum future annual budgets for county public safety agencies. |
Government |
|
Sep. 7, 2006 | |
|
E039264
|
Drum v. Superior Court of Riverside County
Party claiming judge who imposed multiple sanctions against him was biased presented untimely appeal. |
Civil Procedure |
|
Sep. 7, 2006 | |
|
S119230
|
People v. Johnson
Prosecution did not meet its burden of proving justification for warrantless search by presenting affidavit of officer in lieu of live testimony. |
Criminal Law and Procedure |
|
Sep. 7, 2006 | |
|
B185161
|
People v. Saunoa
Trial court lacked jurisdiction to retry defendant before issuance of remittitur. |
Criminal Law and Procedure |
|
Sep. 7, 2006 | |
|
B182738
|
Ross v. Figueroa
In domestic violence case, court improperly denied party automatic continuance under Family Code when proper notice had not been provided. |
Family Law |
|
Sep. 7, 2006 | |
|
G035611
|
Amber R. v. Superior Court (Orange County Social Services Agency)
Biological mother whose parental rights were terminated did not have standing to seek order providing for continued contact with child. |
Family Law |
|
Sep. 7, 2006 | |
|
S126780
|
Californians for an Open Primary v. McPherson (California Legislature)
Separate-vote provision in California Constitution is limitation on legislative power to submit constitutional amendments to voters. |
Government |
|
Sep. 7, 2006 | |
|
C045334
|
Century Surety Co. v. Polisso
Spouse of named insured is covered under CGL and thus has standing to sue insurer for bad faith failure to defend. |
Insurance |
|
Sep. 7, 2006 | |
|
S123474
|
People v. McGee
Defendant was not entitled to have jury decide whether prior Nevada robbery convictions qualified as strikes under California law. |
Criminal Law and Procedure |
|
Sep. 7, 2006 | |
|
B178000
|
People ex rel. Dept. of Motor Vehicles v. Cars 4 Causes
Non-profit corporation soliciting donations of motor vehicles engaged in unfair competition and sold vehicles in violation of smog certification requirements. |
Business Law |
|
Sep. 7, 2006 | |
|
E036355
|
People v. R.T.P.
Prosecutor improperly disregarded defendant's right to counsel during discussion of potential concessions and during unrelated preliminary hearing. |
Criminal Law and Procedure |
|
Sep. 7, 2006 | |
|
A108702
|
Silveira v. County of Alameda
In case involving month-to-month possession, plaintiff had durable possessory interest in property for possessory interest tax purposes. |
Taxation |
|
Sep. 7, 2006 | |
|
B178628
|
People ex rel. Strumpfer v. Westoaks Investment #27
Revenue and Taxation Code Section 4985.2(c) does not grant court independent authority to cancel tax penalties. |
Taxation |
|
Sep. 7, 2006 | |
|
A106217
|
People v. Baylis
Trial court did not abuse its discretion or violate criminal defendant's right to counsel by denying motion to substitute attorneys. |
Attorneys |
|
Sep. 7, 2006 | |
|
G035270
|
Marriage of Seagondollar
Before making custody decision allowing parent to move children out of state, court must allow both parents opportunity to be meaningfully heard. |
Family Law |
|
Sep. 7, 2006 | |
|
S129794
|
Stephens v. County of Tulare
Where county employee was not 'dismissed' from his employment, protections of Government Code Section 31725 were not triggered. |
Employment Law |
|
Sep. 7, 2006 | |
|
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. 7, 2006 | |
|
F046939
|
People v. Johnson
Cold hit from DNA database is not subject to 'Kelly-Frye' standard of admissibility when hit is used merely to identify possible suspect. |
Criminal Law and Procedure |
|
Sep. 7, 2006 |