| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
G033023
|
Casey v. U.S. Bank National Assoc.
Bank cannot be liable for aiding depositor's breach of fiduciary duty absent actual knowledge of fraud. |
Bankruptcy |
|
Aug. 9, 2005 | |
|
B180960
|
In re Annis
Trial judge had authority to revoke order of arraigning magistrate granting defendant release on own recognizance. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
H027098
|
Melendrez v. D & I Investment Inc.
Experienced foreclosure buyer is bona fide purchaser despite buying property below fair market value. |
Real Property |
|
Aug. 9, 2005 | |
|
B178541
|
County of Los Angeles v. Superior Court (N.L.)
Juvenile's lawsuit against county for sexual assault was time-barred. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
A105789
|
Radian Guaranty Inc. v. Garamendi
Insurer that is authorized to transact mortgage guaranty insurance may not sell title insurance. |
Insurance |
|
Aug. 9, 2005 | |
|
H025934
|
Browne v. Turner Construction Co.
Construction company's removal of safety equipment from work site affirmatively contributed to plaintiff's injuries. |
Torts |
|
Aug. 9, 2005 | |
|
A102803
|
Third Blind Eye Inc. v. Near North Entertainment Insurance Services LLC
Insured who prevailed on issue of coverage may pursue negligence claims against business manager and insurance broker. |
Insurance |
|
Aug. 9, 2005 | |
|
A106299
|
McMahan v. City and County of San Francisco
'Care Not Cash' ordinance may be given effect after severance of unenforceable funding provision. |
Government |
|
Aug. 9, 2005 | |
|
B171921
|
Green v. Workers' Compensation Appeals Board of the State of California
Changes in Labor Code apply retroactively to plaintiff's workers' compensation case. |
Workers' Compensation |
|
Aug. 9, 2005 | |
|
B179503
|
21st Century Insurance Co. v. Superior Court (Schwartz)
Punitive damages are not sufficiently penal in intent or effect to trigger protection of ex post facto clause. |
Constitutional Law |
|
Aug. 9, 2005 | |
|
01-35954
|
Haugen v. Brosseau
Order |
|
Aug. 9, 2005 | ||
|
03-10579
|
U.S. v. Charley
Detention of woman who called for police assistance is investigative detention, not arrest. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
03-55251
|
Ehrenberg v. California State University, Fullerton Foundation (In re Beachport Entertainment)
Bankruptcy Appellate Panel's dismissal of trustee's appeal was inappropriately harsh sanction. |
Bankruptcy |
|
Aug. 9, 2005 | |
|
B172607
|
James O'Toole Co. Inc. v. Los Angeles Kingsbury Court Owners Association
Homeowners association may be ordered to impose emergency assessment to pay civil judgment. |
Real Property |
|
Aug. 9, 2005 | |
|
H027086
|
In re DeLuna
Prosecutor is not estopped by plea agreement to second-degree murder conviction from opposing parole based on gravity of offense. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
H026360
|
Carmel Development Co. v. RLI Insurance Co.
Excess insurer was not obligated to contribute to settlement equally with other excess insurer. |
Insurance |
|
Aug. 9, 2005 | |
|
A103597
|
Thomas v. Quintero
Anti-SLAPP motions may be filed challenging petitions for injunctive relief that seek to prohibit harassment. |
Civil Procedure |
|
Aug. 9, 2005 | |
|
04-15478
|
Butler v. Adams
Visually impaired inmate satisfied grievance procedure to proceed with lawsuit for disability discrimination. |
Prisoners Rights |
|
Aug. 9, 2005 | |
|
03-35071
|
Dorn v. Burlington Northern Santa Fe Railroad
Numerous incorrect evidentiary rulings require new trial in wrongful death case. |
Torts |
|
Aug. 9, 2005 | |
|
03-35083
|
Galvan v. Alaska Dept. of Corrections
Habeas corpus petition is denied because petitioner failed to exhaust federal constitutional claim in state court. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
04-15024
|
Lockyer v. Mirant Corp.
District court has jurisdiction to decide whether suit is subject to automatic stay of bankruptcy court. |
Civil Procedure |
|
Aug. 9, 2005 | |
|
03-30532
|
U.S. v. Martinez-Garcia
Spanish speaker's privacy right was not violated when police began search before serving warrant in Spanish. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
02-15035
|
Gator.com Corp. v. L.L. Bean Inc.
Declaratory judgment lawsuit to determine legality of pop-up advertising program is moot due to settlement. |
Civil Procedure |
|
Aug. 9, 2005 | |
|
03-35480
|
Hambleton Brothers Lumber Co. v. Balkin Enterprises Inc.
Timber company alleging unlawful conduct by corporate president failed to justify piercing of corporate veil. |
Corporations |
|
Aug. 9, 2005 | |
|
03-35794
|
Cooper-Smith v. Palmateer
Court will not review propriety of sentence because requirement that enhancements be found by jury does not apply retroactively. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
H027086
|
In re DeLuna
Prosecutor is not estopped by plea agreement to second-degree murder conviction from opposing parole based on gravity of offense. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
03-73141
|
Dierkes v. U.S. Department of Labor
Order |
|
Aug. 9, 2005 | ||
|
03-30387
|
U.S. v. Moreno-Hernandez
Oregon conviction for fourth-degree assault committed in presence of victim's child is violent felony under U.S. Sentencing Guidelines. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
04-10172
|
U.S. v. Osife
Police can search vehicle following arrest of recent occupant even if evidence is unlikely to be found. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
02-17440
|
Andrews v. V.R. King
Defendant bears burden of producing sufficient evidence that plaintiff is barred from proceeding in forma pauperis. |
Prisoners Rights |
|
Aug. 9, 2005 |