| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S142821
|
Sher v. San Diegueno Hills Homeowners Assn.
Order |
|
Aug. 7, 2006 | ||
|
S144247
|
H. (Ryan) v. California Department (Alta Department)
Order |
|
Aug. 7, 2006 | ||
|
S143631
|
Morrow v. S.C. (People)
Order |
|
Aug. 7, 2006 | ||
|
B181246
|
Jogani v. Jogani
Summary judgment based on judicial estoppel is not proper where courts in prior judgment debtor proceedings did not accept testimony as true. |
Civil Procedure |
|
Aug. 7, 2006 | |
|
H026651
|
County of Santa Clara v. Atlantic Richfield Co.
Court erred in sustaining demurrer to representative cause of action for nuisance brought on behalf of People seeking abatement. |
Torts |
|
Aug. 7, 2006 | |
|
S031423
|
People v. Sturm
Death penalty sentence is not proper where cumulative effect of judge's misconduct requires reversal. |
Criminal Law and Procedure |
|
Aug. 7, 2006 | |
|
C049928
|
California Association of Professional Scientists v. Schwarzenegger
Trial court did not abuse its discretion in denying Public Employment Relations Board's application to intervene in case regarding alternate retirement program. |
Labor Law |
|
Aug. 7, 2006 | |
|
D045508
|
In re Natural Gas Anti-Trust
Nonrepresentative class member's conduct did not reach level necessary to support order declaring him to be vexatious litigant. |
Civil Procedure |
|
Aug. 7, 2006 | |
|
B179090
|
County of Los Angeles v. Construction Laborers Trust Funds For Southern California Administrative Co.
Attorney has right to imposition of equitable lien where lien was expressly provided for in retainer agreement. |
Attorneys |
|
Aug. 7, 2006 | |
|
A110631
|
Conservatorship of Kane
Probate Code Section 2580 provides authority for court to create special needs trust in order to preserve right to receive public benefits. |
Probate and Trusts |
|
Aug. 7, 2006 | |
|
D046520
|
San Diego County Health and Human Services Agency v. Maria S. (In re Javier G.)
Removal of children from parental custody pursuant to Welfare and Institutions Code Section 387 was justified for rehabilitation purposes. |
Family Law |
|
Aug. 7, 2006 | |
|
C050187
|
Doran v. North State Grocery Inc.
Offer to compromise that was silent on issue of grocery store's liability barred disabled party from seeking attorney fees. |
Civil Rights |
|
Aug. 7, 2006 | |
|
B178689
|
Doe v. City of Los Angeles
In sexual abuse case, defendants' demurrer is proper where facts did not support conclusion that officer's sexual misconduct should have been investigated. |
Civil Procedure |
|
Aug. 7, 2006 | |
|
B183788
|
Adoption of Charlotte D.
Unwed father has constitutionally protected parental rights not subject to termination absent finding of unfitness if he demonstrates full commitment to parental responsibilities. |
Family Law |
|
Aug. 7, 2006 | |
|
C048529
|
Anthony C., a Minor
Evidence was insufficient to support extended commitment of sexual offender where testifying doctor did not prepare formal risk assessment evaluation. |
Juveniles |
|
Aug. 7, 2006 | |
|
C049810
|
M.A., a Minor
Tribe had right to transfer child custody proceeding even though Secretary of U.S. Dept. of Interior had not approved its tribal court. |
Native American Affairs |
|
Aug. 7, 2006 | |
|
C049150
|
Tilbury Constructors Inc. v. State Compensation Insurance Fund
Employer could not state claim against workers' compensation carrier for carrier's alleged failure to properly investigate and exercise its subrogation rights. |
Workers' Compensation |
|
Aug. 7, 2006 | |
|
D047185
|
Hecht, Solberg, Robinson, Goldberg & Bagley v. Superior Court (Panther)
Financial and insurance information from former law firm is discoverable in present action against second law firm that handled malpractice action. |
Civil Procedure |
|
Aug. 7, 2006 | |
|
S127641
|
Frye v. Tenderloin Housing Clinic Inc.
Corporations Code Section 13406(b) cannot be construed to govern all nonprofit corporations that provide legal services to third parties. |
Attorneys |
|
Aug. 7, 2006 | |
|
B179713
|
Sylvester C., a Minor
Where all elements of crime of criminal threat were established except element concerning victim's fear, juvenile perpetrator was still guilty of attempt. |
Juveniles |
|
Aug. 7, 2006 | |
|
B185265
|
In re Alcox
Attorney's failure to investigate alibi witnesses did not amount to ineffective assistance where accused made incriminating statements concerning guilt. |
Criminal Law and Procedure |
|
Aug. 7, 2006 | |
|
A108301
|
Boyle v. CertainTeed Corp.
General order allowing expedited summary judgment in asbestos injury cases conflicts with Code of Civil Procedure. |
Civil Procedure |
|
Aug. 7, 2006 | |
|
G035423
|
People v. Espana
Offender's request to have DNA samples removed from data bank was properly denied in light of amendment to applicable Penal Code provisions. |
Criminal Law and Procedure |
|
Aug. 7, 2006 | |
|
G036590
|
Blumenthal v. Superior Court (Blumenthal)
Judge abused her discretion in granting mistrial in dissolution case considered 'long cause' matter. |
Family Law |
|
Aug. 7, 2006 | |
|
B180743
|
Oak Park Calabasas Condominium Association v. State Farm Fire and Casualty Co.
Condominium association's directors and officers liability policy does not provide coverage for lawsuit alleging nonpayment of reconstruction costs. |
Insurance |
|
Aug. 7, 2006 | |
|
A109948
|
DeLaura v. Beckett
Demurrer was properly sustained where procedure under rent ordinance was more appropriate than declaratory relief action. |
Civil Procedure |
|
Aug. 7, 2006 | |
|
A109478
|
People v. Alford
Retroactive application of statute imposing court security fee is necessary to facilitate legislation's purpose of funding court security. |
Criminal Law and Procedure |
|
Aug. 7, 2006 | |
|
F047029
|
North American Building Maintenance Inc. v. Fireman's Fund Insurance Co.
Exclusion for employment related practices did not prevent coverage for complaint alleging insured acted as employer. |
Insurance |
|
Aug. 7, 2006 | |
|
B176533
|
TIG Insurance Co. of Michigan v. Homestore Inc.
Trial court properly granted summary judgment for insurance company in action seeking rescission of directors and officers liability insurance policy. |
Insurance |
|
Aug. 7, 2006 | |
|
B176714
|
Baugh v. Garl
Defendant is not entitled to jury trial where parties litigated over water rights despite settlement agreement and action was one in equity. |
Constitutional Law |
|
Aug. 7, 2006 |