| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C046923
|
People v. Murphy
Possession of cocaine base for sale is not necessarily included offense of crime of selling cocaine base. |
Criminal Law and Procedure |
|
Mar. 29, 2006 | |
|
D045848
|
In re Fuentes
Nature of offender's crime coupled with his prior criminality supported prison board's denial of parole. |
Criminal Law and Procedure |
|
Mar. 29, 2006 | |
|
B174806
|
Armenta v. Osmose Inc.
Waiting time penalties imposed on employer should have been calculated using minimum wage claimed by employees. |
Employment Law |
|
Mar. 29, 2006 | |
|
D046356
|
In re Shaputis
Decision that inmate is unsuitable for parole is not proper where evidence does not support inmate currently poses unreasonable threat to society. |
Criminal Law and Procedure |
|
Mar. 29, 2006 | |
|
B175388
|
Business to Business Markets Inc. v. Zurich Specialties
Surplus lines insurance broker owed duty of care to third party in professional negligence action. |
Insurance |
|
Mar. 29, 2006 | |
|
B183768
|
The New York Times Co. v. Superior Court (Wall Street Network LTD.)
Party's motion for reconsideration was properly denied for failure to base motion on new or different facts. |
Civil Procedure |
|
Mar. 29, 2006 | |
|
A109532
|
Ung v. Koehler
Trial court erred in granting summary adjudication that precluded sale of plaintiff's property under deed of trust. |
Real Property |
|
Mar. 29, 2006 | |
|
C050149
|
Progressive West Insurance Co. v. Superior Court (Preciado)
Insurance company's demurrer is proper where insured fails to state causes of action for breach of contract and covenant of good faith. |
Contracts |
|
Mar. 29, 2006 | |
|
B177260
|
Butler v. City of Palos Verdes Estates
City's peafowl management program does not violate deed restrictions under which title to parklands and canyons was taken. |
Government |
|
Mar. 29, 2006 | |
|
S123074
|
People v. Smith
Despite firing only one shot, defendant's conviction of two counts of attempted murder is upheld. |
Criminal Law and Procedure |
|
Mar. 29, 2006 | |
|
A108129
|
Carver v. Bonds
Foot specialist claiming Bay Area newspaper and baseball player defamed him failed to show challenged statements were false. |
Civil Procedure |
|
Mar. 29, 2006 | |
|
C045865
|
Hinesley v. Oakshade Town Center
In fraud action, lessee could not justifiably rely on alleged assertions about prospective commercial co-tenants made by lessor. |
Real Property |
|
Mar. 29, 2006 | |
|
A107911
|
City and County of San Francisco v. Jen
Award of attorney fees to San Francisco is proper because residents of homes near defendant's building were substantially endangered. |
Attorneys |
|
Mar. 29, 2006 | |
|
A107768
|
Martin v. City and County of San Francisco
Homeowner's proposed modifications to interior of residence are beyond reach of California Environmental Quality Act. |
Environmental Law |
|
Mar. 29, 2006 | |
|
C048887
|
People v. Phillips
Finding that offender made unequivocal request to proceed in pro per did not preclude court from later determining otherwise. |
Criminal Law and Procedure |
|
Mar. 29, 2006 | |
|
B178160
|
Wayne v. Staples Inc.
Manufacturer is subject to licensing requirement under Insurance Code when it charges premium to customers for procuring insurance from third party provider. |
Insurance |
|
Mar. 29, 2006 | |
|
A106660
|
As You Sow v. Conbraco Industries
In water contamination case, plaintiff failed to meet its burden of proving that experimental evidence was closely duplicative of real world scenario. |
Environmental Law |
|
Mar. 29, 2006 | |
|
S124503
|
People v. Shelton
Challenge to trial court's authority to impose lid sentence is challenge to validity of plea that requires certificate of probable cause. |
Criminal Law and Procedure |
|
Mar. 29, 2006 | |
|
D044663
|
Ramona Unified School District v. Tsiknas
Defendant prevails under anti-SLAPP statute where abuse of process and barratry claims do not have probability of success. |
Civil Procedure |
|
Mar. 29, 2006 | |
|
B163771
|
Bosworth v. Whitmore
Court's removal of arbitrator from parties' contract dispute was erroneous absent showing of failure to perform. |
Contracts |
|
Mar. 29, 2006 | |
|
G035102
|
City of Anaheim v. Dept. of Transportation
Caltrans is not required to pay costs for undergrounding of replacement utility when undergrounding is done for aesthetic purposes. |
Administrative Agencies |
|
Mar. 29, 2006 | |
|
D046690
|
Alanna A., a Minor
Juvenile court has authority to terminate reunification services to one parent even though services are extended for other parent. |
Juveniles |
|
Mar. 29, 2006 | |
|
B177908
|
City of Los Angeles v. Animal Defense League
Petitions filed by city for its employees are not enforcement actions exempt from special motion to strike under anti-SLAPP statute. |
Civil Procedure |
|
Mar. 29, 2006 | |
|
B177406
|
People v. Bhakta
State court proceeding may proceed upon remand pending appeal when remand order is not stayed. |
Civil Procedure |
|
Mar. 29, 2006 | |
|
A104828
|
Environmental Protection Information Center v. California Dept. of Forestry and Fire Protection (Pacific Lumber Co.)
Trial court's grant of peremptory writ of mandate commanding state agencies to set aside their administrative determinations cannot be upheld. |
Environmental Law |
|
Mar. 29, 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 |
|
Mar. 29, 2006 | |
|
04-1414
|
U.S. v. Grubbs
Anticipatory warrant permitting search of suspected offender's home did not violate Fourth Amendment's particularity requirement. |
Criminal Law and Procedure |
|
Mar. 28, 2006 | |
|
04-1371
|
Merrill Lynch, Pierce, Fenner & Smith Inc. v. Dabit
Class action filed by holders of securities based upon state law grounds is pre-empted by Securities Litigation Uniform Standards Act. |
Securities |
|
Mar. 28, 2006 | |
|
04-1067
|
Georgia v. Randolph
Physically present co-occupant's stated refusal to permit entry into residence rendered warrantless search invalid as to him. |
Criminal Law and Procedure |
|
Mar. 28, 2006 | |
|
05-919
|
Fidelity Federal Bank & Trust v. Kehoe
Order |
|
Mar. 27, 2006 |