| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
05-303
|
Opinion of Lockyer
City ordinance using age-based classification to limit use of play equipment designed for children is not unconstitutional. |
Constitutional Law |
|
Jun. 12, 2006 | |
|
05-9182
|
Bazan v. United States
Order |
|
Jun. 11, 2006 | ||
|
05M87
|
Gossage v. OPM
Order |
|
Jun. 11, 2006 | ||
|
05-409
|
Kircher v. Putnam Funds Trust, et al.
Order |
|
Jun. 11, 2006 | ||
|
04-433
|
Anza v. Ideal Steel Supply Corp.
Steel supply company fails to maintain racketeering activity claim against competitor where direct victim is state, not company. |
Torts |
|
Jun. 9, 2006 | |
|
05-5992
|
Zedner v. U.S.
Because defendant may not prospectively waive application of Speedy Trial Act, his waiver 'for all time' was ineffective. |
Criminal Law and Procedure |
|
Jun. 9, 2006 | |
|
06-70884
|
Morales v. Ornoski
Order |
|
Jun. 7, 2006 | ||
|
05-16776
|
Earth Island Institute v. U.S. Forest Service
District court applied improper legal standard when assessing whether sufficient level of injury had been shown for preliminary injunction purposes. |
Environmental Law |
|
Jun. 7, 2006 | |
|
04-55463
|
Long v. County of Los Angeles
Court reaffirms that issue of whether municipality has displayed policy of deliberate indifference to constitutional rights of citizens is generally jury question. |
Prisoners Rights |
|
Jun. 7, 2006 | |
|
05-10088
|
U.S. v. Mix
In kidnapping and aggravated sexual abuse case, life sentence was reasonable where court considered factors beyond sentencing guidelines. |
Criminal Law and Procedure |
|
Jun. 7, 2006 | |
|
E029354
|
People v. Oates
Sentence enhancement for great bodily injury can be applied multiple times despite single injury. |
Criminal Law and Procedure |
|
Jun. 7, 2006 | |
|
04-55752
|
Edwards v. Warden
District court properly found there was reasonable probability that, but for counsel's ineffective assistance, defendant would have received different verdict. |
Criminal Law and Procedure |
|
Jun. 7, 2006 | |
|
D046692
|
National Steel and Shipbuilding Co. v. Superior Court (Godinez)
Statutory remedy for employees exists where Labor Code requires employer pay employee if employer fails to provide meal or rest time. |
Labor Law |
|
Jun. 7, 2006 | |
|
B177869
|
Jesus O., a Minor
Evidence was insufficient to support court's finding that juvenile committed grand theft person. |
Juveniles |
|
Jun. 6, 2006 | |
|
H027693
|
Vargas v. City of Salinas
City of Salinas prevails under anti-SLAPP statute because plaintiffs failed to show city's statements constitute impermissible campaign propaganda. |
Civil Procedure |
|
Jun. 6, 2006 | |
|
E034248
|
Metropolitan Water District of Southern California v. Campus Crusade for Christ Inc.
Landowner opposed to eminent domain action was improperly barred from presenting evidence of severance damages to jury. |
Real Property |
|
Jun. 6, 2006 | |
|
D046044
|
People v. Najera
Court's failure to give sua sponte jury instruction on inference pertaining to possession of recently stolen property was not erroneous. |
Criminal Law and Procedure |
|
Jun. 6, 2006 | |
|
A107822
|
People v. Evans
Defendant's rights were not violated where judge complied with Penal Code Section 1200 but did not allow defendant to speak after beginning to pronounce sentence. |
Criminal Law and Procedure |
|
Jun. 6, 2006 | |
|
G033663
|
Jones v. Citigroup Inc.
Arbitration provision in credit card agreement was upheld when cardholder failed to demonstrate procedural unconscionability. |
Contracts |
|
Jun. 6, 2006 | |
|
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 |