| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B182381
|
Nunez v. Workers' Compensation Appeals Board
Workers' compensation administrative law judge's order compelling petitioner to attend evaluation is proper under former Labor Code Sections 4061 or 4062. |
Workers' Compensation |
|
Jun. 15, 2006 | |
|
B184680
|
Shamsian v. Dept. of Conservation
Where there is no mandatory duty under recycling statue as plaintiff alleges, she may not bring private right of action challenging alleged inaction. |
Civil Procedure |
|
Jun. 15, 2006 | |
|
B181664
|
Cortez v. WCAB
Medical evaluations in cases involving injuries incurred before Jan. 1, 2005 need to be ordered under former Labor Code Section 4062. |
Administrative Agencies |
|
Jun. 15, 2006 | |
|
H027835
|
People v. Allen
Statutory requirement that extension be filed prior to termination of mentally disordered offender's commitment is mandatory. |
Criminal Law and Procedure |
|
Jun. 15, 2006 | |
|
A108712
|
Tutor-Saliba Corp. v. Herrera
Motion to strike properly was granted where city attorney's public comments urging support for pending litigation were subject to official duty privilege. |
Civil Procedure |
|
Jun. 15, 2006 | |
|
B181249
|
Gil v. Bank of America, National Association
California Uniform Commercial Code supersedes payee's negligence claim where collecting bank accepted check with missing indorsement. |
Banking |
|
Jun. 15, 2006 | |
|
B188885
|
Pope v. Superior Court (Carrigan)
City term limit referring to election to four-year term does not mean appointment or election to less than four-year term. |
Government |
|
Jun. 15, 2006 | |
|
B175952
|
Jibilian v. Franchise Tax Board
In tax refund case, plaintiffs' claim that wages from private employment within United States are not taxable income is without merit. |
Taxation |
|
Jun. 15, 2006 | |
|
D045949
|
Jaramillo v. State Board for Geologists and Geophysicists
Substantial evidence test supported State Board for Geologists' decision to deny unlicensed geophysicist right to practice. |
Administrative Agencies |
|
Jun. 15, 2006 | |
|
C044714
|
State Water Resources Control Board Cases
Provisions in Merger Law did not mandate change in terms of U.S. Bureau of Reclamation's permits of Central Valley Project. |
Administrative Agencies |
|
Jun. 15, 2006 | |
|
H028821
|
People v. Le
Penal Code's ban on multiple punishments is violated where defendant's robbery and burglary offenses accomplished single intent to steal. |
Criminal Law and Procedure |
|
Jun. 15, 2006 | |
|
C049246
|
Aaronoff v. Martinez-Senftner
One-year revival period for sexual abuse claims against third parties was not applicable when alleged abuse related to parental relationship. |
Civil Procedure |
|
Jun. 15, 2006 | |
|
B180540
|
Mayer v. L & B Real Estate
Court's quieting title in favor of plaintiffs is not proper where quiet title action was filed after limitations period expired. |
Taxation |
|
Jun. 15, 2006 | |
|
B181950
|
People v. Noori
Party in business of transmitting money to Iran possessed necessary general intent to be found guilty of non-compliance with licensing requirements. |
Criminal Law and Procedure |
|
Jun. 15, 2006 | |
|
B185850
|
Kim v. Superior Court (People)
Words alone are sufficient to constitute act in furtherance of agreement to engage in prostitution when unequivocal and unambiguous. |
Criminal Law and Procedure |
|
Jun. 15, 2006 | |
|
B181303
|
Western States Petroleum Association v. South Coast Air Quality Management District
Rule adopted by Air Quality Management District requiring refineries to reduce emissions was feasible and cost effective. |
Environmental Law |
|
Jun. 15, 2006 | |
|
B183788
|
Charlotte D., a Minor
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 |
|
Jun. 15, 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 |
|
Jun. 15, 2006 | |
|
S136294
|
Costa v. Superior Court (Lockyer)
Variance between version of initiative submitted to attorney general and version circulated should not be withheld from ballot if not misleading. |
Government |
|
Jun. 15, 2006 | |
|
B181446
|
Capri v. L.A. Fitness International
Release and waiver provision in health club agreement did not bar cause of action for negligence per se based upon statutory violation. |
Contracts |
|
Jun. 15, 2006 | |
|
B180135
|
Marriage of Jackson
Evidence other than Michael Jackson's stipulation with ex-wife should have been considered before termination of her parental rights. |
Family Law |
|
Jun. 15, 2006 | |
|
G034933
|
Rodriguez v. American Technologies Inc.
Court lacks power to deny petition to compel arbitration on state law grounds where parties expressly agreed to be bound by FAA. |
Contracts |
|
Jun. 15, 2006 | |
|
E036402
|
People v. Scheller
Statements made to parole office after guilty plea was entered but before it was withdrawn were inadmissible as substantive evidence of guilt. |
Criminal Law and Procedure |
|
Jun. 15, 2006 | |
|
D045332
|
Krontz v. City of San Diego (Chief of Police, City of San Diego)
Suspension of club owner's nude entertainment permit for violating city ordinance did not amount to prior restraint. |
Constitutional Law |
|
Jun. 15, 2006 | |
|
B172737
|
Prospect Medical Group Inc. v. Northridge Emergency Medical Group
California Health and Safety Code does not prohibit non-contracted emergency room physicians from 'balance billing' individual patients. |
Contracts |
|
Jun. 15, 2006 | |
|
B175639
|
People v. Vasquez
Court's failure to instruct jury on imperfect self-defense during accused's trial for murder of his cousin was erroneous. |
Criminal Law and Procedure |
|
Jun. 15, 2006 | |
|
C049516
|
McCarthy v. Workers' Compensation Appeals Board
Workers' Compensation Judge properly calculated penalties against employer under reformed Labor Code section. |
Workers' Compensation |
|
Jun. 15, 2006 | |
|
B175149
|
Dunn v. County of Santa Barbara
Property owner's regulatory takings claims are ripe for adjudication after county stated it will not allow subdivision of property. |
Real Property |
|
Jun. 15, 2006 | |
|
E037079
|
City of Rancho Cucamonga v. Regional Water Quality Control Board-Santa Ana Region (County of San Bernardino)
City waived its right to challenge adminstrative record by not making objection at or prior to informal hearing. |
Administrative Agencies |
|
Jun. 15, 2006 | |
|
S118561
|
Kinsman v. Unocal Corp.
Landowner having no control over condition cannot be liable for injuries inflicted by independent contractor on another contractor's employee. |
Torts |
|
Jun. 15, 2006 |