| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B176369
|
People v. Mojica
Existence of tax deficiency is required element of felony income tax evasion offense under state law. |
Taxation |
|
Sep. 7, 2006 | |
|
F048094
|
Pinto v. City of Visalia
Officer's failure to report relationship between minor and adult did not violate department guidelines when information was not received in professional capacity. |
Government |
|
Sep. 7, 2006 | |
|
E036942
|
Manta Management Corp. v. City of San Bernardino
City's act of obtaining injunction to enforce unconstitutional ordinance against adult cabaret violated First Amendment. |
Constitutional Law |
|
Sep. 7, 2006 | |
|
C048529
|
Anthony C., a Minor
Evidence was insufficient to support extended commitment of sexual offender and retrial is barred by Welfare and Institutions Code Section 1801.5. |
Juveniles |
|
Sep. 7, 2006 | |
|
B186125
|
Benson v. California Coastal Commission
Notice of hearing was adequate where developer could not reasonably rely on predictions of California Coastal Commission's staff. |
Administrative Agencies |
|
Sep. 7, 2006 | |
|
H028312
|
People v. Fraser
Right to self-representation did not extend to defendant in SVPA proceeding. |
Criminal Law and Procedure |
|
Sep. 7, 2006 | |
|
C050968
|
In re Kerry K.
Minor was entitled to be released from detention once juvenile court continued case for more than seven days. |
Juveniles |
|
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 | |
|
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 | |
|
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 | |
|
C045935
|
People v. Gonzalez
Under Penal Code Section 12022.53(f) only one firearm sentencing enhancement may be imposed, and any additional enhancements must be stricken, not stayed. |
Criminal Law and Procedure |
|
Sep. 7, 2006 | |
|
B183901
|
Richards v. Dept. of Alcoholic Beverages Control
Purchase of assets of restaurant and bar does not transfer original alcoholic beverage license to new owner. |
Administrative Agencies |
|
Sep. 6, 2006 | |
|
B182257
|
Preciado v. Wilde
Co-tenant failed to establish title by adverse possession where he never excluded other co-tenant from property. |
Real Property |
|
Sep. 6, 2006 | |
|
G035599
|
Conservatorship of Hume
Court's approval of conservator's accounting is not proper where accounting failed to list out-of-state property as asset of estate. |
Probate and Trusts |
|
Sep. 6, 2006 | |
|
E036597
|
Deveny v. Entropin Inc.
Triable issues of material fact exist about whether class alleging securities violations against pharmaceutical company had constructive notice of facts underlying complaint. |
Securities |
|
Sep. 6, 2006 | |
|
S045982
|
People v. Avila
Capital defendant's claims of error in guilt and penalty phases of trial did not warrant reversal of murder conviction. |
Criminal Law and Procedure |
|
Sep. 6, 2006 | |
|
B184022
|
V.C. v. Los Angeles Unified School District
Timeliness of claim against public entity for childhood sexual abuse is governed by Tort Claims Act, not Code of Civil Procedure. |
Torts |
|
Sep. 6, 2006 | |
|
B181229
|
People v. McSherry
In case involving attempt to annoy or molest child, prosecution of defendant was untimely where absent prior conviction, underlying offense was misdemeanor. |
Criminal Law and Procedure |
|
Sep. 6, 2006 | |
|
B184483
|
Kim v. Yi
Heirs seeking apportionment of award in wrongful death action did not have right to jury trial. |
Torts |
|
Sep. 6, 2006 | |
|
B187171
|
Tien v. Superior Court (Tenet Healthcare Corp.)
Compelled disclosure of names and contact information of putative class members violates privacy rights of members who contacted plaintiffs' counsel. |
Civil Procedure |
|
Sep. 6, 2006 | |
|
C049808
|
Ali A., a Minor
Where juvenile ward was allowed to remain in parents' custody, there was no need to set maximum term of confinement. |
Juveniles |
|
Sep. 6, 2006 | |
|
B182875
|
Slintak v. Buckeye Retirement Co.
Where last lis pendens was recorded in 1999, within 10-year time period under Civil Code Section 882.020, statute of limitations has not run. |
Real Property |
|
Sep. 6, 2006 | |
|
04-55665
|
Simpson v. AOL Time Warner Inc.
In securities case, complaint was properly dismissed where it failed to allege that false appearance was created to further scheme to defraud. |
Securities |
|
Sep. 6, 2006 | |
|
03-70200
|
Kumar v. Gonzales
Improper inclusion of footnote in BIA's streamlined affirmance of immigration judge's decision was harmless error where petitioner could not show prejudice. |
Immigration |
|
Sep. 6, 2006 | |
|
04-55036
|
Sosa v. DIRECTV Inc.
Prelitigation communications demanding settlement of legal claims are afforded protection of 'Noerr-Pennington' doctrine. |
Civil Procedure |
|
Sep. 6, 2006 | |
|
04-30302
|
U.S. v. Knows His Gun
In child sexual assault case, sentencing enhancements under U.S. Sentencing Guidelines are proper where court stated it would not be bound by guidelines. |
Criminal Law and Procedure |
|
Sep. 6, 2006 | |
|
B178244
|
Lincoln Fountain Villas Homeowners Association v. State Farm Fire & Casualty Insurance Co.
In breach of insurance contract case, court properly granted summary judgment for insurance company where company paid agreed upon damage figure. |
Insurance |
|
Sep. 6, 2006 | |
|
05-30214
|
U.S. v. Chief
Defendant's indictment was timely under 2003 amended statute of limitations for sexual abuse crimes, which allows prosecution during life of child. |
Criminal Law and Procedure |
|
Sep. 6, 2006 | |
|
C046813
|
Californians for Alternatives to Toxics v. California Dept. of Pesticide Regulation (Dow AgroSciences)
California Dept. of Pesticide Regulation's compliance with applicable statutes and regulations constitutes CEQA compliance. |
Environmental Law |
|
Sep. 6, 2006 | |
|
04-35778
|
Warre v. Commissioner of the Social Security Administration
Child is no longer eligible for disability benefits even though child still suffers from disorder that previously rendered him disabled. |
Government |
|
Sep. 6, 2006 |