| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B168144
|
Yeboah v. Progeny Ventures Inc.
Court 'order' that approves special master's resolution of accounting dispute is not appealable. |
Civil Procedure |
|
Aug. 9, 2005 | |
|
G034876
|
Rita L. v. Superior Court (Orange County Social Services Agency)
Single ingestion of codeine by mother who otherwise performed reunification conditions is not basis for termination of reunification services. |
Family Law |
|
Aug. 9, 2005 | |
|
D043455
|
Rombe Corp. v. Allied Insurance Co.
Definition of 'advertising' in commercial general liability policy does not extend its scope to include personal solicitation. |
Insurance |
|
Aug. 9, 2005 | |
|
D045081
|
In re Consiglio
New sentencing rule does not apply retroactively to cases that were final when decision was issued. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
B168705
|
Mileikowsky v. Tenet Healthsystem
Hearing officer may terminate peer review hearing regarding suspension of staff privileges of doctor who was disruptive at hearing. |
Employment Law |
|
Aug. 9, 2005 | |
|
S118052
|
People v. Thomas
Law requiring prosecutor's consent to juvenile sentencing for serious offenses is invalid. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
E035882
|
Shewry v. Begil
Health services department's claim for reimbursement of Medi-Cal benefits is not barred by applicable statute of limitations. |
Civil Procedure |
|
Aug. 9, 2005 | |
|
F043190
|
People v. Richter
Defendant is not entitled to custody credits for time he spent in work release program before he violated probation. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
B175993
|
California Insurance Guarantee Assoc. v. Workers' Compensation Appeals Board (Argonaut Insurance Co.)
Insurer is not entitled to reimbursement from insurance guarantee association for benefits paid to injured party. |
Insurance |
|
Aug. 9, 2005 | |
|
A106760
|
City and County of San Francisco v. State of California
Organization challenging legality of same-sex marriage may not intervene in lawsuit in which it had no direct interest. |
Civil Procedure |
|
Aug. 9, 2005 | |
|
H026441
|
Pajaro Valley Water Management Agency v. McGrath
Water agency cannot use declaration that relies on inadmissible hearsay to prove amount of charges owed. |
Civil Procedure |
|
Aug. 9, 2005 | |
|
H026802
|
Evans v. City of San Jose
Plaintiff failed to exhaust administrative remedies in challenging city's redevelopment plan. |
Civil Procedure |
|
Aug. 9, 2005 | |
|
A104361
|
People v. Griffin
Defendant's sentence for California offense should run consecutively to sentence for Arizona offense. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
D045854
|
Deborah M. v. Superior Court (Daryl W.)
Parents in custody proceedings cannot be ordered to undergo drug testing through their hair follicles. |
Family Law |
|
Aug. 9, 2005 | |
|
A107773
|
Dept. of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board (Schieffelin & Somerset Co.)
Alcohol wholesaler violated state regulations by sponsoring restaurant chain's sporting events. |
Administrative Agencies |
|
Aug. 9, 2005 | |
|
B177400
|
Kangarlou v. Progressive Title Co. Inc.
Property buyer is entitled to attorney fees from escrow agent because escrow instructions contained attorney fees clause. |
Attorneys |
|
Aug. 9, 2005 | |
|
C044201
|
Anolik v. EMC Mortgage Corp.
Mortgage company wrongfully foreclosed on homeowner. |
Real Property |
|
Aug. 9, 2005 | |
|
G033649
|
Morris v. Redwood Empire Bancorp
Imposition of fee for terminating merchant credit card account did not violate unfair competition law. |
Business Law |
|
Aug. 9, 2005 | |
|
F043820
|
People v. Jackson
Defendant is guilty of robbery even though victim was unaware any property had been stolen until defendant fled scene. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
F045677
|
Azadozy v. Nikoghosian
Person with unrecorded title to property sold at tax sale is not entitled to excess proceeds of sale. |
Real Property |
|
Aug. 9, 2005 | |
|
S109735
|
Julian v. Hartford Underwriters Insurance Co.
Insurer may rely on provision excluding damage caused by rain-induced landslide to deny homeowner's claim. |
Insurance |
|
Aug. 9, 2005 | |
|
03-70087
|
Zheng v. Ashcroft
Where immigrant's testimony is not directly inconsistent with Country Report, adverse credibility finding is not supported by substantial evidence. |
Immigration |
|
Aug. 9, 2005 | |
|
B172763
|
People v. Watson
Prisoner transferred to state hospital is not 'confined in state prison' as defined by battery statute. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
03-50491
|
U.S. v. Cortez-Rocha
Search of defendant's spare tire at border was not 'particularly offensive' search requiring reasonable suspicion. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
00-99011
|
Landrigan v. Stewart
Order |
|
Aug. 9, 2005 | ||
|
G031928
|
Frey v. Trans Union Corp.
Denial of plaintiff's motion for class certification was based on incorrect legal assumption. |
Civil Procedure |
|
Aug. 9, 2005 | |
|
H024448
|
Vogel v. Felice
Public figures suing for defamation failed to show statements on website were substantially false. |
Torts |
|
Aug. 9, 2005 | |
|
G032915
|
Skistimas v. Old World Owners Association
Defendants have right to recover expert witness fees despite not paying for fees out of their own pockets. |
Civil Procedure |
|
Aug. 9, 2005 | |
|
C038802
|
People v. Carmony
Sex offender's failure to update registration for his birthday did not warrant 25-year sentence. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
G033900
|
Jasmine G., a Minor
Failure to attempt to give parent statutorily required notice of dependency hearing is structural defect requiring automatic reversal. |
Juveniles |
|
Aug. 9, 2005 |