| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
05-139
|
Maricopa County, AZ v. Agster
Order |
|
Oct. 11, 2005 | ||
|
05-205
|
Smith v. West Virginia, ex rel.
Order |
|
Oct. 11, 2005 | ||
|
E030401
|
People v. Rodriguez
One strike law allows trial court to impose concurrent terms for multiple lewd acts against multiple victims. |
Criminal Law and Procedure |
|
Oct. 10, 2005 | |
|
H027237
|
Gilbert v. City of Sunnyvale
Terminated policer officer was not entitled to FBI reports of ongoing investigation of prostitution scheme. |
Government |
|
Oct. 10, 2005 | |
|
S115495
|
O'Riordan v. Federal Kemper Life Assurance
Insurer was not entitled to summary judgment because concealment on life insurance application was disputed material fact. |
Insurance |
|
Oct. 10, 2005 | |
|
S123790
|
People v. Seijas
Court properly allowed witness in murder trial to assert privilege against self-incrimination. |
Criminal Law and Procedure |
|
Oct. 10, 2005 | |
|
A105674
|
Regents of the University of California v. East Bay Municipal Utility District
University is entitled to partial refund of 'capital facilities fee' for water services charges. |
Government |
|
Oct. 10, 2005 | |
|
C045571
|
Marriage of Klug
Lawsuit proceeds awarded to wife arising from post-separation transactions are not community property. |
Family Law |
|
Oct. 10, 2005 | |
|
H027521
|
In re Lowe
Governor's reversal of grant of parole to convicted murderer was supported by evidence. |
Criminal Law and Procedure |
|
Oct. 10, 2005 | |
|
B176522
|
Hotels Nevada LLC v. Bridge Banc LLC
Arbitrator may allow court to decide issue of legality of contract when contract requires application of California law. |
Contracts |
|
Oct. 10, 2005 | |
|
S114829
|
Maynard v. Brandon
Client's untimely request for trial following unsuccessful arbitration over attorney fees cannot be excused. |
Civil Procedure |
|
Oct. 10, 2005 | |
|
C042763
|
People v. Williams
Statute prohibiting 'willful or wanton' fleeing of police officer does not include impermissible mandatory presumption. |
Criminal Law and Procedure |
|
Oct. 10, 2005 | |
|
D043723
|
Annette F. v. Sharon S.
Grant of hearing on motion for reconsideration did not have effect of vacating prior order. |
Civil Procedure |
|
Oct. 10, 2005 | |
|
E034859
|
Bear Creek Master Association v. Edwards
Homeowners' association may charge assessments for unbuilt property within planned and partially built development. |
Real Property |
|
Oct. 10, 2005 | |
|
E036598
|
Florio v. City of Ontario
Cost-sharing provision in agreement between city and former employee's union was unconstitutional. |
Labor Law |
|
Oct. 10, 2005 | |
|
S119975
|
People v. Athar
Sentence enhancement for money laundering may be imposed even though defendant is convicted of only conspiracy to engage in money laundering. |
Criminal Law and Procedure |
|
Oct. 10, 2005 | |
|
S118180
|
People v. Martinez
State agency seeking to recover costs for clean-up of drug lab must bring claim under Health and Safety Code. |
Criminal Law and Procedure |
|
Oct. 10, 2005 | |
|
S123238
|
MW Erectors Inc. v. Niederhauser Ornamental and Metal Works Co. Inc.
Contractor must be licensed at all times while performing work in order to recover compensation under contract. |
Contracts |
|
Oct. 10, 2005 | |
|
B172979
|
Lincoln Place Tenants Assn. v. City of Los Angeles (Los Angeles Lincoln Place Investors Ltd.)
Owners of apartment complex cannot begin demolition without complying with conditions attached to redevelopment project approval. |
Environmental Law |
|
Oct. 10, 2005 | |
|
H026546
|
People v. Jiang
Police interpreter did not adequately inform Mandarin speaker of his Miranda rights. |
Criminal Law and Procedure |
|
Oct. 10, 2005 | |
|
H027436
|
Siam v. Kizilbash
Malicious prosecution suit may not be based on unsuccessful civil harassment petition. |
Torts |
|
Oct. 10, 2005 | |
|
B180788
|
Franklin Mint Co. v. Superior Court (Manatt, Phelps & Phillips)
Settlement that provides for $25 million to charities does not lead to $25 million reduction in liability of remaining defendants. |
Civil Procedure |
|
Oct. 10, 2005 | |
|
E036180
|
People v. Rege
Search of area immediately accessible to suspect incident to her arrest did not violate Fourth Amendment. |
Criminal Law and Procedure |
|
Oct. 10, 2005 | |
|
B172385
|
People v. Banuelos
Court finding that defendant's prior assault qualified as serious felony for sentencing purposes was not supported by record. |
Criminal Law and Procedure |
|
Oct. 10, 2005 | |
|
B170163
|
Scottsdale Insurance Co. v. State Farm Mutual Automobile Insurance Co.
Policy's exclusion for bodily injury did not bar coverage for insured's employee's injury under policy. |
Insurance |
|
Oct. 10, 2005 | |
|
03-56750
|
U.S. v. Thomas
Defense counsel's concession of defendant's guilt on robbery charge was not presumptively prejudicial. |
Criminal Law and Procedure |
|
Oct. 10, 2005 | |
|
04-55912
|
Circuit City Stores Inc. v. Mantor
Recent caselaw does not allow employer to bring 'renewed' petition to compel arbitration. |
Civil Procedure |
|
Oct. 10, 2005 | |
|
S112386
|
Wasatch Property Management v. Degrate
Landlord seeking to terminate lease of low-income tenant with Section 8 benefits must provide 90 days' notice. |
Real Property |
|
Oct. 10, 2005 | |
|
03-50244
|
U.S. v. Rivera-Sillas
Illegal alien is not entitled to counsel at deportation hearing. |
Immigration |
|
Oct. 10, 2005 | |
|
03-70531
|
Martinez-Perez v. Gonzales
Grand theft conviction that involved taking of personal property and no co-defendants qualifies as aggravated felony. |
Immigration |
|
Oct. 10, 2005 |