| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D045890
|
Pizarro v. Lamb's Players Theatre
Unruh Act was not violated by discount given to 'baby boomers' to attend musical production about 'baby boomer' generation. |
Civil Rights |
|
Apr. 7, 2006 | |
|
D044768
|
People v. Quintero
Evidence supports defendant's conviction for aggravated mayhem where reasonable jury could have found beyond reasonable doubt defendant had specific intent to maim. |
Criminal Law and Procedure |
|
Apr. 7, 2006 | |
|
C047061
|
Lackner v. North
Triable issues of fact exist as to whether snowboarder's conduct was reckless when he crashed into skier. |
Torts |
|
Apr. 7, 2006 | |
|
C049516
|
McCarthy v. Workers' Compensation Appeals Board
Workers' Compensation Judge properly calculated penalties against employer under reformed Labor Code section. |
Workers' Compensation |
|
Apr. 7, 2006 | |
|
S037302
|
People v. Hinton
Capital offender whose allegations of prosecutorial misconduct were unfounded was not entitled to new trial. |
Criminal Law and Procedure |
|
Apr. 7, 2006 | |
|
B173070
|
Gackstetter v. Frawley
Order denying summary judgment is reversible on appeal after jury verdict was in favor of nonmoving party where claim was barred. |
Civil Procedure |
|
Apr. 7, 2006 | |
|
B178046
|
People v. Crites
Penal Code bars execution of sentences for 'identical' enhancements, but not procedure of imposing and staying all but greatest enhancement. |
Criminal Law and Procedure |
|
Apr. 7, 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 |
|
Apr. 7, 2006 | |
|
B183269
|
American Alternative Insurance Corp. v. Superior Court (Aero Falcons LLC)
Insurers are required to reimburse insureds for reasonably incurred expenses spent recovering possession of seized airplane, including attorney fees. |
Insurance |
|
Apr. 7, 2006 | |
|
B177064
|
People v. Fuller
Three rapes committed against same victim within one hour occurred in 'single occasion' for sentencing purposes. |
Criminal Law and Procedure |
|
Apr. 7, 2006 | |
|
G034699
|
Chuong D., a Minor
Court's improper grant of prosecutor's request for eight-day recess in hearing did not amount to prejudice entitling juvenile to relief. |
Juveniles |
|
Apr. 7, 2006 | |
|
D044632
|
People v. Green
In insanity case, where instructions failed to require jury find necessary cognitive or volitional incapacity, error was harmless. |
Criminal Law and Procedure |
|
Apr. 7, 2006 | |
|
S124464
|
Pacific Lumber Company v. State Water Resources Control Board
Water Quality Control Board had power to impose monitoring requirements rejected by Department of Forestry in its approval of timber harvest plan. |
Environmental Law |
|
Apr. 7, 2006 | |
|
05-1054
|
Wilson v. Arkison (In re Wilson)
Debtor was not entitled to Washington's homestead exemption when final divorce decree divested debtor of ownership interest in home. |
Bankruptcy |
|
Apr. 6, 2006 | |
|
05-1139
|
Rus, Miliband & Smith APC v. Yoo (In re Dick Cepek Inc.)
Debtor's counsel was not required to disgorge fees drawn from prepetition retainer for purpose of equalizing distributions to all administrative claimants. |
Bankruptcy |
|
Apr. 6, 2006 | |
|
05-1103
|
Opinion of Lockyer
Citizen may sue in quo warranto to resolve questions surrounding unlawfulness of water agency's appointment of office of director position. |
Government |
|
Apr. 6, 2006 | |
|
03-35306
|
Smith v. Salish Kootenai College
Non-Indian plaintiff consents to civil jurisdiction of tribal court by filing claims against Indian defendant arising out of activities within reservation. |
Native American Affairs |
|
Apr. 6, 2006 | |
|
04-10590
|
U.S. v. Alferahin
Court erred in failing to instruct jury that it had to find alien's misrepresentations were material before it could convict him of procuring naturalization by fraud. |
Immigration |
|
Apr. 6, 2006 | |
|
04-15134
|
Stanley v. Trustees of the California State University
State university is entitled to sovereign immunity on state law sexual harassment claims filed in federal court but not on Title IX claim. |
Government |
|
Apr. 6, 2006 | |
|
03-56855
|
Pony v. County of Los Angeles
Waiver of right to pursue attorney fees as condition of settlement rendered party's earlier assignment of such right to attorney invalid. |
Attorneys |
|
Apr. 6, 2006 | |
|
04-35618
|
Tuazon v. R.J. Reynolds Tobacco Co.
Non-resident manufacturer is subject to general jurisdiction where it has serious and long-standing in-state presence. |
Civil Procedure |
|
Apr. 6, 2006 | |
|
04-15625
|
Affordable Housing Development Corp. v. City of Fresno
City has discretion to deny approval of tax-exempt bonds for family housing project if it has legitimate non-discriminatory reason. |
Government |
|
Apr. 6, 2006 | |
|
04-55024
|
Carson Harbor Village Ltd. v. County of Los Angeles
Summary judgment for CERCLA claim is affirmed where private plaintiff didn't satisfy public input requirement and feasibility study only considered one remediation option. |
Environmental Law |
|
Apr. 6, 2006 | |
|
01-17424
|
Yahoo! Inc. v. La Ligue Contre Le Racisme et L'Antisemitisme
Case is not ripe where French associations represent they have no intention of seeking monetary penalty by French court against Yahoo!. |
Constitutional Law |
|
Apr. 6, 2006 | |
|
03-73689
|
Kelava v. Gonzales
Alien who engaged in terrorist activity during 1970s is ineligible for discretionary relief. |
Immigration |
|
Apr. 6, 2006 | |
|
03-30562
|
U.S. v. Cantrell
Defendants' claims that district court misapplied now-advisory U.S. Sentencing Guidelines are rejected. |
Criminal Law and Procedure |
|
Apr. 6, 2006 | |
|
04-10566
|
Sanchez-Llamas
Order |
|
Apr. 6, 2006 | ||
|
05-528
|
Miller-Stout, Supt., Airway v. Bailey
Order |
|
Apr. 6, 2006 | ||
|
05-805
|
Washington, Acting Warden v. Morrisette
Order |
|
Apr. 6, 2006 | ||
|
04-1414
|
U.S. v. Grubbs
Order |
|
Apr. 6, 2006 |