| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
03-30394
|
U.S. v. Jeronimo
There is no jurisdiction to entertain appeal where appeal waiver in plea agreement is unambiguous. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
04-10206
|
U.S. v. Younger
Defendant's conduct in making spontaneous statements and responding to questioning constituted implied waiver of his Miranda rights. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
03-55754
|
Hendricks v. Bank of America
District court did not abuse its discretion by finding Central District of California was appropriate venue for action under state's commercial code. |
Civil Procedure |
|
Aug. 9, 2005 | |
|
A107616
|
People v. Akins
Trial court may reduce amount of restitution if it concludes that calculation method used by victim overstated loss. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
C047339
|
Scalf v. D.B. Log Homes Inc.
Trial court should have considered evidence in opposition to motion for summary judgment. |
Civil Procedure |
|
Aug. 9, 2005 | |
|
B175094
|
C.G., a Minor
Appointment of guardian ad litem for mother in dependency proceedings violated mother's due process rights. |
Juveniles |
|
Aug. 9, 2005 | |
|
E037041
|
McAndrew v. Hazegh
Award of statutory penalty to contractor in breach of contract case was improper. |
Contracts |
|
Aug. 9, 2005 | |
|
A106345
|
Ampex Corp. v. Cargle
Anonymous poster on internet message board is entitled to attorney fees from former employer who sued him for defamation. |
Civil Procedure |
|
Aug. 9, 2005 | |
|
B174248
|
Bergman v. Drum
Grant of motion for summary judgment is inconsistent with ruling in previous appeal and violates doctrine of law of case. |
Civil Procedure |
|
Aug. 9, 2005 | |
|
S132042
|
People v. Minor
Order |
|
Aug. 9, 2005 | ||
|
B174825
|
Blakemore v. Superior Court (Avon Products Inc.)
Popular cosmetics company violated unfair competition law by charging its representatives for unordered products. |
Torts |
|
Aug. 9, 2005 | |
|
S121173
|
Fox v. Ethicon Endo-Surgery Inc.
Statute of limitations for suit against surgical equipment manufacturer is tolled until medical malpractice plaintiff discovers that defect contributed to injury. |
Torts |
|
Aug. 9, 2005 | |
|
B172357
|
People v. Rosales
Jury was improperly instructed that superintendent of park is county officer for purposes of offense of negligent handling of public moneys. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
B171304
|
Cordova v. 21st Century Insurance Co.
Insured whose claim was barred by limitations period is not precluded from obtaining equitable relief. |
Insurance |
|
Aug. 9, 2005 | |
|
S110887
|
In re Reeves
Penal Code does not restrict offender's ability to earn worktime credit against concurrent sentence for non-violent offense. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
H025966
|
Librers v. Black
Plaintiff had standing to bring action as 'presumed father' in paternity case. |
Family Law |
|
Aug. 9, 2005 | |
|
G033151
|
People v. Flores
Firearm sentencing enhancement cannot be supported by showing that defendant killed his accomplice. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
B175620
|
Coalition of Labor, Agriculture & Business v. County of Santa Barbara Board of Supervisors
County board of supervisors need not allow public comment on whether item should be placed on agenda. |
Government |
|
Aug. 9, 2005 | |
|
D043571
|
People v. Tanner
Revocation of defendant's Proposition 36 probation was premature. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
D044973
|
Joshua G., a Minor
Relationship with parent who visits sporadically is not beneficial if children do not view parent in parental role. |
Juveniles |
|
Aug. 9, 2005 | |
|
C047317
|
Bullard v. California State Automobile Association
Amendment that extends statute of limitations for uninsured motorist claims to two years is not retroactive. |
Insurance |
|
Aug. 9, 2005 | |
|
B180471
|
Ytuarte v. Superior Court (Kashani)
Trial applied incorrect legal standard in deciding whether to reclassify case as unlimited civil action. |
Civil Procedure |
|
Aug. 9, 2005 | |
|
C044063
|
Barclay v. Jesse M. Lange Distributor Inc.
Owner of gasoline storage facility may be liable to injured worker for failing to provide fire extinguishers. |
Torts |
|
Aug. 9, 2005 | |
|
S132144
|
People v. Palacios
Order |
|
Aug. 9, 2005 | ||
|
E037183
|
In re Jonathon S.
Non-Indian parent has standing to raise claim under Indian Child Welfare Act. |
Family Law |
|
Aug. 9, 2005 | |
|
F047602
|
People v. Tulare County Superior Court (Gregory)
Trial court lacked jurisdiction to enter any further orders on merits of case pending in state supreme court. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
D044282
|
People v. Mateljan
Use of phlebotomists to draw blood from drunk driving suspects was lawful. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
|
B173273
|
Woods v. Fox Broadcasting Sub. Inc.
Interference with contract claim may be asserted against party to contract. |
Torts |
|
Aug. 9, 2005 | |
|
B174899
|
Boyer v. Jensen
Plaintiff may not maintain claim against bankrupt tortfeasor merely to obtain judgment against tortfeasor's employer under theory of respondeat superior. |
Torts |
|
Aug. 9, 2005 | |
|
C046442
|
Estate of Coleman
Former wife may not inherit decedent's property under will or act as trustee of trust incorporated by default clause of will. |
Probate and Trusts |
|
Aug. 9, 2005 |