| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B176232
|
Geffcken v. D'Andrea
In mold mycotoxins case, exclusion of environmental sampling data was proper because it had minimal probative value pursuant to Evidence Code. |
Civil Procedure |
|
Aug. 23, 2006 | |
|
A108235
|
Marriage of Pearlstein
Market value of unsold shares of stock received by business owner from sale of business generally is not income for child support purposes. |
Family Law |
|
Aug. 23, 2006 | |
|
C051100
|
Californians for Fair Representation-No on 77 v. Superior Court (Schwarzenegger)
Expenditures meeting statutory definition of independent expenditures should have been reported on 24-hour basis during 90 days before election. |
Government |
|
Aug. 23, 2006 | |
|
B185904
|
Rene C., a Minor
Mentally retarded and immature 14-year-old boy with no prior criminal record should be tried as juvenile. |
Juveniles |
|
Aug. 23, 2006 | |
|
C049492
|
People v. Accredited Surety and Casualty Co. Inc.
Good cause exists to extend bail bond forfeiture period if surety shows due diligence to locate defendant and bring him into court. |
Criminal Law and Procedure |
|
Aug. 23, 2006 | |
|
A109823
|
Wong v. Ohlone College
Under Education Code, university was not required to appoint former dean to faculty position where there was no available position. |
Education |
|
Aug. 23, 2006 | |
|
G036211
|
Experian Information Solutions Inc. v. Superior Court (Mellonie Sorensen)
After class certification was denied, trial court erred by approving sections of letter notifying nonparties of their potential legal rights. |
Civil Procedure |
|
Aug. 23, 2006 | |
|
B178428
|
Harris v. Investor's Business Daily Inc.
Demurrer is improperly sustained where Fair Labor Standards Act does not pre-empt claim under California Business and Professions Code. |
Labor Law |
|
Aug. 23, 2006 | |
|
A101719
|
Marriage of Kieturakis
Marital settlement agreement between couple strongly supported finding against presumption of undue influence. |
Family Law |
|
Aug. 23, 2006 | |
|
D045247
|
Thornburg v. Superior Court (Bactes Imaging Solutions Inc.)
Company that contracts with hospital to respond to patient requests for medical records is bound by Evidence Code Section 1158 cost restrictions. |
Civil Procedure |
|
Aug. 23, 2006 | |
|
A108911
|
Andrews v. Foster Wheeler
In asbestos liability case, plaintiff's theory that asbestos 're-entrained' into air is too speculative and summary judgment for defendant was proper. |
Torts |
|
Aug. 23, 2006 | |
|
B173591
|
People v. Navarro
Search warrant based on information from alleged attorney's breach of confidentiality need not be quashed. |
Criminal Law and Procedure |
|
Aug. 23, 2006 | |
|
G034435
|
People v. Balint
'Dominion and control' clause in search warrant authorizes seizure of open laptop computer since laptop is akin to digital filing cabinet. |
Criminal Law and Procedure |
|
Aug. 23, 2006 | |
|
B188294
|
People v. Petrisca
Prosecutor's degree of comfort in trying killer of colleague's mother had no bearing on whether conflict of interest warranting recusal existed. |
Criminal Law and Procedure |
|
Aug. 23, 2006 | |
|
B182028
|
People v. Castro
In felony false imprisonment conviction, court erred in failing to instruct on misdemeanor false imprisonment and error was not harmless. |
Criminal Law and Procedure |
|
Aug. 23, 2006 | |
|
G034988
|
People v. Najera
Defense attorney's failure to object to prosecutor's misstatements about law was harmless because defendant was not entitled to manslaughter instruction. |
Criminal Law and Procedure |
|
Aug. 23, 2006 | |
|
D045682
|
People v. Markley
In stalking case, equal protection principles are not necessarily implicated where defendant was not entitled to transcript of her prior stalking trial. |
Criminal Law and Procedure |
|
Aug. 23, 2006 | |
|
H028212
|
People v. Gonzalez
In multiple, unrelated criminal cases, trial court erred when it failed to award defendant any presentence custody credits for second period of confinement. |
Criminal Law and Procedure |
|
Aug. 23, 2006 | |
|
B188995
|
Sunset Millennium Associates LLC v. Le Songe LLC
Fourteen page minute order with notice of entry language on page 13 did not comply with requirements of California Rules of Court. |
Civil Procedure |
|
Aug. 23, 2006 | |
|
F047368
|
People v. Ryan
Various subdivisions of Penal Code Section 470 set forth different ways of committing forgery and not greater and lesser included offenses. |
Criminal Law and Procedure |
|
Aug. 23, 2006 | |
|
S145566
|
Montgomery (Michael) on H.C.
Order |
|
Aug. 23, 2006 | ||
|
C048147
|
People v. Brown
Retrial on counts of aggravated battery and assault was not barred despite People's concession that retrial was improper. |
Criminal Law and Procedure |
|
Aug. 22, 2006 | |
|
05-526
|
Nitke v. Gonzales
Order |
|
Aug. 22, 2006 | ||
|
05M66
|
QLT, Inc. v. MA Eye & Ear Infirmary
Order |
|
Aug. 22, 2006 | ||
|
05-380
|
Gonzales v. Carhart
Order |
|
Aug. 22, 2006 | ||
|
D045751
|
Kuperman v. Assessment Appeals Board No. 1, San Diego County (Smith)
Plaintiff's application challenging tax assessor's base year value of his property was untimely brought within four-year limitations period. |
Real Property |
|
Aug. 22, 2006 | |
|
05-30071
|
U.S. v. Williams
'Intangible rights' theory of mail and wire fraud applied to private individual who breached fiduciary duty owed to vulnerable victim. |
Criminal Law and Procedure |
|
Aug. 22, 2006 | |
|
A109972
|
Pietrobon v. Libarle
Four-year statute of limitations for written contract applies where defendant agreed to specific terms in open court. |
Contracts |
|
Aug. 22, 2006 | |
|
D046405
|
Barbara R., a Minor
Court's termination of parental rights was proper where record supported court's finding that visitation with mother was detrimental to child. |
Native American Affairs |
|
Aug. 22, 2006 | |
|
03-70165
|
Alvarado v. Gonzales
Immigration judge's finding of ineligibility for asylum and withholding of removal was proper where petitioner had assisted in persecution. |
Immigration |
|
Aug. 22, 2006 |