| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
03-15481
|
Raich v. Ashcroft
Appellants demonstrate sufficient likelihood of success on merits in medical marijuana case. |
Constitutional Law |
|
Aug. 8, 2005 | |
|
02-73837
|
Unuakhaulu v. Ashcroft
District court has jurisdiction to review immigration board's nondiscretionary denial of relief under Convention Against Torture. |
Immigration |
|
Aug. 8, 2005 | |
|
03-35145
|
United States v. State of Washington
District court abused its discretion in ruling federal recognition of tribe had no impact on its exercise of treaty fishing rights. |
Native American Affairs |
|
Aug. 8, 2005 | |
|
02-16201
|
Center for Biological Diversity v. Veneman
U.S. Forest Service had mandatory duty under Wild and Scenic Rivers Act to consider rivers identified in its report in planning process. |
Environmental Law |
|
Aug. 8, 2005 | |
|
D043081
|
People v. Harrison
Court was not required to hold competency hearing for defendant who made 'bizarre statements.' |
Criminal Law and Procedure |
|
Aug. 8, 2005 | |
|
E035322
|
People v. Spence
Defendant may be convicted of driving with invalid driver's license without showing of actual knowledge that license was suspended. |
Criminal Law and Procedure |
|
Aug. 8, 2005 | |
|
B174102
|
Goldberg v. Warner/Chappell Music Inc.
Attorney's presumed possession of confidential information does not automatically cause former firm to be vicariously disqualified. |
Attorneys |
|
Aug. 8, 2005 | |
|
B170985
|
State of California v. City of Long Beach
City of Long Beach may use tideland oil revenues to defray future cost of plugging and abandoning oil wells. |
Real Property |
|
Aug. 8, 2005 | |
|
A105633
|
In re Hector A.
Minor can oppose adoption plan for sibling on ground of interference with sibling relationship. |
Family Law |
|
Aug. 8, 2005 | |
|
S109746
|
Burris v. Superior Court (People)
Misdemeanor prosecution is barred after one previous qualifying dismissal but felony prosecution is barred after two qualifying dismissals. |
Criminal Law and Procedure |
|
Aug. 8, 2005 | |
|
E035877
|
In re Harmony B.
Termination of parental rights is upheld despite denial of reunification services. |
Family Law |
|
Aug. 8, 2005 | |
|
D044398
|
Lisa G., a Minor
Teacher's search of disruptive student's purse to find identification was not justified. |
Juveniles |
|
Aug. 8, 2005 | |
|
A105374
|
People v. Amons
New sentencing rules do not apply retroactively. |
Criminal Law and Procedure |
|
Aug. 8, 2005 | |
|
02-17048
|
Ford Motor Co. v. Todecheene
Tribal court cannot exercise jurisdiction over products liability action arising from accident that occurred on tribal trust land. |
Native American Affairs |
|
Aug. 8, 2005 | |
|
C046395
|
People v. Hinkel
Mere completion of treatment program under Proposition 36 does not establish reasonable cause to believe that defendant will not abuse drugs. |
Criminal Law and Procedure |
|
Aug. 8, 2005 | |
|
A103481
|
People for the Ethical Treatment of Animals v. California Milk Producers Advisory Board
Public entities are not 'persons' subject to suit under California's Unfair Business Practices Act. |
Business Law |
|
Aug. 8, 2005 | |
|
C046333
|
Penn-America Insurance Co. v. Mike's Tailoring
Insurance policy exclusion for water that backs up from sewer includes sewage that accompanies water. |
Insurance |
|
Aug. 8, 2005 | |
|
G031864
|
Inline v. A.V.L. Holding
Restitution remedy authorized by Section 17203 of the Unfair Business Practices Act does not include damages. |
Business Law |
|
Aug. 8, 2005 | |
|
B170395
|
Weatherly v. Universal Music Publishing Group
Unexercised right to conduct audit does not necessarily demonstrate lack of diligence for purposes of delayed discovery rule. |
Civil Procedure |
|
Aug. 8, 2005 | |
|
G028834
|
Hinrichs v. County of Orange
Sheriff's deputy disciplined for using alcohol was entitled to discovery of non-confidential investigation documents. |
Employment Law |
|
Aug. 8, 2005 | |
|
D045075
|
Westly v. Superior Court (Cates)
State controller and attorney general are not subject to deposition regarding collection of revenue from tribal casinos. |
Government |
|
Aug. 8, 2005 | |
|
S111309
|
People v. Betts
Trial court should determine whether it has jurisdiction to adjudicate charge of crime committed outside of state. |
Criminal Law and Procedure |
|
Aug. 8, 2005 | |
|
S110328
|
Home Insurance Company v. Superior Court (Montrose Chemical Corporation of California)
Trial court will decide whether primary and excess insurance carriers have 'substantially adverse interests' that allow them to each challenge judge. |
Civil Procedure |
|
Aug. 8, 2005 | |
|
G033254
|
Schauer v. Mandarin Gems of California Inc.
Ex-wife for whom engagement ring was purchased can bring claim against seller as third-party beneficiary. |
Contracts |
|
Aug. 8, 2005 | |
|
C045006
|
People v. Morgan
Caller's reliable, non-assertive statements to police are admissible over a hearsay objection. |
Criminal Law and Procedure |
|
Aug. 8, 2005 | |
|
G032508
|
Stephenson v. Argonaut Insurance Co.
Trial court may dismiss action against insurer seeking relief for failure to indemnify insured when no potential for coverage existed. |
Insurance |
|
Aug. 8, 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. 8, 2005 | |
|
03-55045
|
Buckley v. Terhune
State court fact-finding at habeas hearing that rested solely on written record is entitled to presumption of correctness. |
Criminal Law and Procedure |
|
Aug. 8, 2005 | |
|
B175163
|
In re Glorianna K.
Department of Children and Family Services must comply with Indian Child Welfare Act's notice requirements before seeking to terminate parental rights. |
Native American Affairs |
|
Aug. 8, 2005 | |
|
03-10179
|
U.S. v. Hristov
Timely-filed motion for attorney fees under Hyde Amendment may be amended under 'relation back' doctrine. |
Attorneys |
|
Aug. 8, 2005 |