| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
A109655
|
Kristine M. v. David P.
Public policy prohibits waiving child's right to support where parents agreed to terminate father's parental rights and child support obligations. |
Family Law |
|
Apr. 7, 2006 | |
|
A104681
|
Strebel v. Brenlar Investments Inc.
Fiduciary is liable for loss of appreciation damages when concealment of material fact results in sale of real property to third party. |
Real Property |
|
Apr. 7, 2006 | |
|
F047529
|
In re Tate
Defendant's nonviolent in-prison conviction is eligible for sentence term credits where it is separate from his violent out-of-prison conviction. |
Criminal Law and Procedure |
|
Apr. 7, 2006 | |
|
C047697
|
Placer County Local Agency Formation Commission v. Nevada County Local Agency Formation Commission
Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 gives 'principal county' jurisdiction over service reviews of multicounty districts. |
Government |
|
Apr. 7, 2006 | |
|
04-15616
|
Markham v. United States
Federal court did not have jurisdiction over party's claim against Dept. of Labor dealing with administrative, not constitutional issue. |
Employment Law |
|
Apr. 7, 2006 | |
|
G035212
|
County of Orange v. Ranger Insurance Co.
Court did not abuse discretion by delaying bail bond forfeiture in reliance upon defense counsel representations made after speaking with client's sister. |
Criminal Law and Procedure |
|
Apr. 7, 2006 | |
|
B179537
|
ARP Pharmacy Services Inc. v. Gallagher Bassett Services Inc.
Reporting requirement imposed on drug claims processors in pharmaceutical industry violated their free speech rights. |
Constitutional Law |
|
Apr. 7, 2006 | |
|
B184852
|
Biosense Webster Inc. v. Superior Court (Dowell)
Temporary restraining order is void where it prevents filing of action in any federal forum. |
Civil Procedure |
|
Apr. 7, 2006 | |
|
B180308
|
Carson Gardens v. City of Carson Mobilehome Park Rental Review Board
Trial court erred in setting rent increase despite local board's refusal to follow order mandating consideration of debt service costs. |
Administrative Agencies |
|
Apr. 7, 2006 | |
|
B179146
|
Torres v. Torres
Valid power of attorney was created despite principal placing 'X' instead of her initials next to line in statutory form conferring powers. |
Probate and Trusts |
|
Apr. 7, 2006 | |
|
F045293
|
Souza v. Westlands Water District
Water district's alleged violation of its own regulation did not give landowner right to escape otherwise valid assessment. |
Government |
|
Apr. 7, 2006 | |
|
C049717
|
Renteria v. Juvenile Justice, Dept. of Corrections and Rehabilitation
Court's denial of plaintiff's petition to file late government tort claim is not proper where attorney reasonably relied on office calendaring error. |
Government |
|
Apr. 7, 2006 | |
|
05-30066
|
U.S. v. Guerrero-Velasquez
For purposes of sentencing guidelines, court must consider charging allegations when determining whether prior conviction under 'Alford' plea is crime of violence. |
Criminal Law and Procedure |
|
Apr. 7, 2006 | |
|
B180615
|
Raine v. City of Burbank
City had no duty to accomodate disabled employee by making temporary accommodation permanent where to do so would require creating new position. |
Employment Law |
|
Apr. 7, 2006 | |
|
B178992
|
People v. Harco National Insurance Co.
Because insufficient evidence supports finding of sufficient excuse for defendant's failure to appear, trial court erred in forfeiting bail at later date. |
Criminal Law and Procedure |
|
Apr. 7, 2006 | |
|
B176874
|
Endres v. Moran
Defendants are not awarded attorney fees where only conspiracy claim was stricken pursuant to their special motion to strike. |
Civil Procedure |
|
Apr. 7, 2006 | |
|
G034443
|
People v. Smith
In murder case, defendant's statements incriminating codefendant were spontaneous statements under hearsay exception, and did not violate confrontation rights. |
Criminal Law and Procedure |
|
Apr. 7, 2006 | |
|
B175242
|
1231 Euclid Homeowners Association v. State Farm Fire and Casualty Co.
After insured voluntarily withdrew damage claim, insurer was no longer required to act. |
Insurance |
|
Apr. 7, 2006 | |
|
B167287
|
Kelly v. Stamps.com Inc.
Summary judgment in favor of employer was improper when pregnant ex-employee presented triable issues concerning reasons for termination. |
Employment Law |
|
Apr. 7, 2006 | |
|
S041630
|
People v. Jablonski
Trial court did not err when it denied defendant's motion for mistrial based on psychiatrist's testimony that defendant was serial killer. |
Criminal Law and Procedure |
|
Apr. 7, 2006 | |
|
B181878
|
Burkle v. Burkle
Family Code section allowing divorcing spouse to seal pleadings that list identifying financial information violates First Amendment. |
Family Law |
|
Apr. 7, 2006 | |
|
B179348
|
Utility Consumers' Action Network Inc. v. AT&T Broadband of Southern Cal. Inc.
Liquidated damage provision for late fee in consumer service contract was not void simply because it was not individually negotiated with consumers. |
Contracts |
|
Apr. 7, 2006 | |
|
E037468
|
San Bernardino Associated Governments v. Superior Court (Sierra Club)
County board of supervisors' placing of sales tax measure on ballot to fund transportation is exempt from California Environmental Quality Act. |
Government |
|
Apr. 7, 2006 | |
|
A110274
|
Bell v. Farmers Insurance Exchange
Judgment awarding employees prejudgment interest based on 10 percent interest rate was proper for breach of contract damages. |
Employment Law |
|
Apr. 7, 2006 | |
|
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 |