| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
05-30186
|
U.S. v. Manzo-Jurado
Seemingly innocuous behavior does not justify investigatory stop of suspected illegal aliens unless accompanied by particularlarized conduct that corroborates officer's suspicions. |
Criminal Law and Procedure |
|
Aug. 24, 2006 | |
|
04-73277
|
Gorospe v. Commissioner of Internal Revenue
Tax court's jurisdiction over appeal from collection due process determinations is limited to issues where court has jurisdiction over underlying tax liability. |
Taxation |
|
Aug. 24, 2006 | |
|
04-16632
|
Central Delta Water Agency v. Bureau of Reclamation
Summary judgment is proper where there is no genuine issue of material fact regarding Bureau of Reclamation's compliance with state standard. |
Civil Procedure |
|
Aug. 24, 2006 | |
|
05-30410
|
U.S. v. Juvenile
In transferring juvenile to adult status, court must exercise its discretion to assume or decline to assume his guilt. |
Criminal Law and Procedure |
|
Aug. 24, 2006 | |
|
05-1494
|
Litton Loan Servicing v. Garvida (In re Garvida)
Federal Rules of Bankruptcy create evidentiary presumption of validity for creditors claim, but if debtor rebuts it, creditor has burden to prove amount. |
Bankruptcy |
|
Aug. 24, 2006 | |
|
B180062
|
Seever v. Copley Press Inc.
Where employer prevailed in discrimination action against it, award for costs of preparing unused trial exhibits was not proper. |
Civil Procedure |
|
Aug. 24, 2006 | |
|
S145097
|
Nabors v. W.C.A.B. (Piedmont Lumber)
Order |
|
Aug. 24, 2006 | ||
|
S072946
|
People v. Gonzalez
Order |
|
Aug. 24, 2006 | ||
|
S143970
|
People v. Reynolds
Order |
|
Aug. 24, 2006 | ||
|
S122816
|
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 |
|
Aug. 24, 2006 | |
|
A106426
|
Lincoln Property Co., N.C. Inc. v. The Travelers Indemnity Co.
Claim by insured for breach of covenant of good faith involved same primary right as claim for breach of duty to defend. |
Civil Procedure |
|
Aug. 23, 2006 | |
|
B172699
|
Cedars-Sinai Medical Center v. Shewry
Hospital was not entitled to judicial review of terms of contract concerning billing of medical services. |
Contracts |
|
Aug. 23, 2006 | |
|
C050918
|
Kody P. v. Superior Court (People)
Probation department's program for informal supervision cannot be conditioned on minor's admission of underlying offense. |
Juveniles |
|
Aug. 23, 2006 | |
|
B178115
|
People v. Carrasco
Firing gun after threat was made and two hours before defendant received money supports allegation of personally discharging firearm during commission of robbery. |
Criminal Law and Procedure |
|
Aug. 23, 2006 | |
|
B173832
|
Michael v. Denbeste Transportation Inc.
Under 'Privette' doctrine, no duty was owed to injured plaintiff who was not employee, but independent contractor. |
Civil Procedure |
|
Aug. 23, 2006 | |
|
G035694
|
A.F. Brown Electrical Contractor Inc. v. Rhino Electric Supply Inc.
Filing of stop notice is not entitled to protection under anti-SLAPP statute where it was done when litigation was seriously under consideration. |
Civil Procedure |
|
Aug. 23, 2006 | |
|
E037066
|
People v. Lopez
Admission of testimony was proper where criminal defendant's privilege not to testify has not been extended to civil commitments. |
Constitutional Law |
|
Aug. 23, 2006 | |
|
B180461
|
Newmyer v. Parklands Ranch
Deed expressly granting appurtenant easement with right to convey other easements for 'like purposes' is enforceable against subsequent owner of servient tenement. |
Real Property |
|
Aug. 23, 2006 | |
|
E038165
|
Verdin v. Superior Court (People)
Compelled prosecution mental examination of defendant is not form of discovery prohibited by criminal discovery statutes. |
Criminal Law and Procedure |
|
Aug. 23, 2006 | |
|
A110069
|
Club Members for an Honest Election v. Sierra Club
Order granting in part motion to strike is proper where cause of action was based on protected act of voting. |
Civil Procedure |
|
Aug. 23, 2006 | |
|
G035101
|
Consumer Defense Group v. Rental Housing Industry Members
Insufficient notices in Proposition 65 cases require dismissal, and appellate court suggests legal work merited attorney fees award of $1.98. |
Civil Procedure |
|
Aug. 23, 2006 | |
|
B180319
|
Blue v. City of Los Angeles
Evidence supported city council's finding in adopting amendment to redevelopment plan that project area suffered from blight. |
Government |
|
Aug. 23, 2006 | |
|
S131048
|
People v. Shabazz
Convict sentenced to life imprisonment for first degree murder was also subject to sentence enhancement of 25 years to life. |
Criminal Law and Procedure |
|
Aug. 23, 2006 | |
|
B179975
|
Zuniga v. Los Angeles County Civil Service Commission
Court properly upheld county civil service commission's rejection of former deputy sheriff's claim for back pay. |
Civil Procedure |
|
Aug. 23, 2006 | |
|
B179868
|
Marijanovic v. Gray, York & Duffy
Counsel's unsubstantiated representation that client was not liable for construction defect does not satisfy 'without probable cause' element of malicious prosecution claim. |
Torts |
|
Aug. 23, 2006 | |
|
B170359
|
Holden v. Los Angeles City Ethics Commission
Action is time-barred where petition challenging city ethics commission's decision was not within 90-day statute of limitations. |
Civil Procedure |
|
Aug. 23, 2006 | |
|
B175147
|
People v. Jantz
Court erred when it failed to give limiting instruction regarding convict's statements to experts concerning his judgment, but error was harmless. |
Criminal Law and Procedure |
|
Aug. 23, 2006 | |
|
A109488
|
Aaron v. Dunham
Where permission to pass signs were not posted by owner as required by Civil Code Section 1008, neighbors acquired prescriptive easement rights. |
Real Property |
|
Aug. 23, 2006 | |
|
C045708
|
Nadler v. Schwarzenegger
Residents challenging reapportionment of assembly district failed to prove unconstitutionality of Legislature's plan. |
Government |
|
Aug. 23, 2006 | |
|
A110521
|
Antione D., a Minor
Juvenile delinquency laws are designed to give juvenile court great latitude in fashioning orders to rehabilitate juvenile. |
Juveniles |
|
Aug. 23, 2006 |