| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B184760
|
Mills v. Superior Court (Bed, Bath & Beyond Inc.)
Payment mandated by Labor Code Section 226.7 for employer's failure to provide meal or rest periods is penalty not wage. |
Employment Law |
|
Jun. 6, 2006 | |
|
H025445
|
People v. Ristau
Court was not required to instruct jury that sale of unregistered securities included scienter element. |
Criminal Law and Procedure |
|
Jun. 6, 2006 | |
|
D044138
|
People v. Anzalone
Defense counsel provided ineffective assistance when he failed to object to misstatement of law. |
Criminal Law and Procedure |
|
Jun. 6, 2006 | |
|
05-30149
|
U.S. v. Bad Marriage
Court's imposition of more severe sentence on remand is proper where it concluded defendant was extremely dangerous. |
Criminal Law and Procedure |
|
Jun. 6, 2006 | |
|
04-35319
|
Sea Hawk Seafoods Inc. v. State of Alaska (In re Valdez Fisheries Development Association Inc.)
Bankruptcy court did not have jurisdiction over adversary proceeding between two creditors brought after dismissal of underlying bankruptcy case. |
Bankruptcy |
|
Jun. 6, 2006 | |
|
04-50161
|
U.S. v. Bear
Defendant's conviction is not proper where court's failure to give jury sua sponte instruction on public authority defense was plain error. |
Criminal Law and Procedure |
|
Jun. 6, 2006 | |
|
03-72501
|
Ray v. Gonzales
Immigrant's motion to reopen proceedings should have been granted in light of his attorneys' ineffective assistance of counsel. |
Immigration |
|
Jun. 6, 2006 | |
|
04-10343
|
U.S. v. Jennings
Bank robber's statement to teller that he had gun qualified as threat of death and subjected him to two-level sentencing enhancement. |
Criminal Law and Procedure |
|
Jun. 6, 2006 | |
|
04-71554
|
Ibarra-Flores v. Gonzales
Testimony before immigration judge suggests that because of immigration officers' misrepresentations, petitioner did not knowingly and voluntarily accept administrative voluntary departure. |
Immigration |
|
Jun. 6, 2006 | |
|
02-72733
|
Fernandez v. Gonzales
Court lacked jurisdiction to review Board of Immigration Appeals' decision where petitioner failed to prima facie meet hardship requirement for removal cancellation. |
Immigration |
|
Jun. 6, 2006 | |
|
A106894
|
People v. Carmichael
Security fee under Penal Code Section 1465.8 could not be applied retroactively to conviction for offense occurring before effective date of statute. |
Criminal Law and Procedure |
|
Jun. 5, 2006 | |
|
05-1119
|
Cingular Wireless, LLC v. Mendoza
Order |
|
Jun. 5, 2006 | ||
|
04-1131
|
Whitman v. Dept. of Transportation
Order |
|
Jun. 5, 2006 | ||
|
05M85
|
Blanco-Loya v. United States
Order |
|
Jun. 5, 2006 | ||
|
05-465
|
Mohawk Industries Inc. v. Williams
Order |
|
Jun. 5, 2006 | ||
|
04-1025
|
Kirby Elizabeth City, NC
Order |
|
Jun. 5, 2006 | ||
|
04-56689
|
Vo v. Benov
Order |
|
Jun. 5, 2006 | ||
|
05-10755
|
Mendez v. USDC Ed NC
Order |
|
Jun. 5, 2006 | ||
|
B180323
|
Wilson v. 21st Century Insurance Co.
Insured raised triable issue of fact regarding bad faith when insurer failed to contact insured's treating physician. |
Insurance |
|
Jun. 5, 2006 | |
|
05-50102
|
U.S. v. Lopez-Perera
Defendant's conviction for possessing firearm while unlawfully in United States is not proper because at time charged, he had not entered country. |
Criminal Law and Procedure |
|
Jun. 5, 2006 | |
|
05-10115
|
U.S. v. Morales-Perez
Statute prohibiting possession or purchase of cocaine base is not categorically drug trafficking offense for sentence enhancement purposes. |
Criminal Law and Procedure |
|
Jun. 5, 2006 | |
|
03-72501
|
Ray v. Gonzales
Order |
|
Jun. 5, 2006 | ||
|
06-99002
|
Morales v. Hickman
Requirement that anesthesiologist be present during execution sufficiently ensured condemned would not be subject to undue risk of extreme pain. |
Criminal Law and Procedure |
|
Jun. 5, 2006 | |
|
G032301
|
Crawford v. Weather Shield MFG. Inc.
Manufacturer was obligated to pay defense costs of developer where contract expressly provided that obligation was not dependent on fault. |
Contracts |
|
Jun. 4, 2006 | |
|
A107069
|
People v. Allegheny Casualty Co.
Forfeiture of bail must be set aside where Penal Code requires declaration that bail is forfeited 'in open court'. |
Criminal Law and Procedure |
|
Jun. 4, 2006 | |
|
S120680
|
CDM Investors v. American National Fire Insurance
Order |
|
Jun. 2, 2006 | ||
|
S136294
|
Costa v. Superior Court (Lockyer)
Order |
|
Jun. 2, 2006 | ||
|
05-1293
|
Nelson v. Meyer (In re Nelson)
Bankruptcy court abused its discretion when it failed to afford debtor opportunity to propose modified plan following denial of plan confirmation. |
Bankruptcy |
|
Jun. 2, 2006 | |
|
04-473
|
Garcetti v. Ceballos
First Amendment does not protect government employee from discipline based on speech made pursuant to employee's official duties. |
Constitutional Law |
|
Jun. 2, 2006 | |
|
05-701
|
Opinion of Lockyer
Results of closed session in which local agency considered but ultimately rejected proposed dismissal of public employee need not be publicly reported. |
Government |
|
May 30, 2006 |