| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
04-5462
|
Rompilla v. Beard
Defense counsel must review information that prosecution will use to show aggravation, even when defendant suggests that no mitigating evidence exists. |
Criminal Law and Procedure |
|
Jun. 20, 2005 | |
|
G033761
|
Arias v. Katella Townhouse Homeowners Assoc. Inc.
Payments made by defendant after offer to compromise expired are considered part of plaintiff's judgment. |
Civil Procedure |
|
Jun. 20, 2005 | |
|
E035434
|
Marriage of Weaver
Property held by spouses as joint tenants is community property though wife was allegedly included on deed by mistake. |
Family Law |
|
Jun. 20, 2005 | |
|
C045860
|
People v. Wheeler
Forgery of prescription drugs is not crime recognized under Proposition 36. |
Criminal Law and Procedure |
|
Jun. 20, 2005 | |
|
H026601
|
Gardenhire v. Superior Court (Francesconi)
Decedent revoked trust by will before she died and regained ownership of property as individual. |
Probate and Trusts |
|
Jun. 20, 2005 | |
|
F044561
|
Howard Jarvis Taxpayers Assoc. v. City of Fresno
City's assessment of fee to its utility departments is subject to requirements of Proposition 218. |
Government |
|
Jun. 20, 2005 | |
|
A105479
|
People v. Cajina
Prosecutor was entitled to refer to defendant as 'sex offender' in trial for failing to register as sex offender. |
Criminal Law and Procedure |
|
Jun. 20, 2005 | |
|
A107291
|
People v. Mitchell
Petition to extend defendant's involuntary commitment that was filed after deadline and without justification need not be dismissed automatically. |
Criminal Law and Procedure |
|
Jun. 20, 2005 | |
|
H025985
|
Rodrigues v. Superior Court (Joaquim)
Default must be aside when attorney from outside jurisdiction attests to mistake leading to default. |
Civil Procedure |
|
Jun. 20, 2005 | |
|
B169632
|
Hood v. Compton Community College District
Employees alleging bias were employed by community college district, not personnel commission. |
Employment Law |
|
Jun. 20, 2005 | |
|
B174110
|
People v. Saffold
Proof of service of temporary restraining order is not testimonial statement. |
Criminal Law and Procedure |
|
Jun. 20, 2005 | |
|
B175517
|
People v. Martin
Treatment for mental disorder administered at county jail before conviction qualifies for mentally disordered offender status. |
Criminal Law and Procedure |
|
Jun. 20, 2005 | |
|
01-56069
|
Silvers v. Sony Pictures Entertainment Inc.
Assignee to infringement claim with no interest in copyright itself may not institute action for infringement. |
Intellectual Property |
|
Jun. 20, 2005 | |
|
A106347
|
Central Building LLC v. Cooper
Irrevocable continuing guaranty agreement referring to property lease is subject to extended term of lease amendment. |
Contracts |
|
Jun. 20, 2005 | |
|
A103021
|
Power Standards Lab Inc. v. Federal Express Corp.
Air carrier that paid contractual limit for damaged cargo cannot be liable for additional damages. |
Contracts |
|
Jun. 20, 2005 | |
|
03-15954
|
Milicevic v. Fletcher Jones Imports Ltd.
Court need not exclude from courtroom plaintiff's attorney who is also defense witness. |
Civil Procedure |
|
Jun. 20, 2005 | |
|
B170558
|
People v. Martinez
Court that accepts defendant's plea bargain need not be same court that holds probation violation hearing. |
Criminal Law and Procedure |
|
Jun. 20, 2005 | |
|
B173522
|
Estate of Davies
Trust beneficiary's proposed objections do not constitute contest within meaning of no-contest clause. |
Probate and Trusts |
|
Jun. 20, 2005 | |
|
03-35605
|
Arc of Washington State Inc. v. Braddock
Restriction on number of people who can participate in special Medicaid waiver program does not violate ADA. |
Civil Rights |
|
Jun. 20, 2005 | |
|
A107500
|
In re Sean W.
Confinement of minor for period equal to maximum sentence cannot stand where court failed to exercise its discretion. |
Juveniles |
|
Jun. 20, 2005 | |
|
03-17095
|
Cummings v. Connell
All members of civil rights class action lawsuit are entitled to award of nominal damages. |
Civil Procedure |
|
Jun. 20, 2005 | |
|
01-56565
|
McNeil v. Middleton
Habeas relief cannot be granted when jury instructional errors regarding reasonableness were non-prejudicial. |
Criminal Law and Procedure |
|
Jun. 20, 2005 | |
|
02-16511
|
Taylor v. Westly
State controller is not immune from suit by owner of unclaimed property that state took by escheat. |
Constitutional Law |
|
Jun. 20, 2005 | |
|
C044648
|
People v. Benitez
Determination that defendant is not qualified for probation need not be made by jury. |
Criminal Law and Procedure |
|
Jun. 20, 2005 | |
|
E036833
|
Lauermann v. Superior Court (Muongpruan)
Photocopy of will not personally executed by testator and witnesses is not duplicate of original. |
Probate and Trusts |
|
Jun. 20, 2005 | |
|
03-71354
|
Kalal v. Gonzales
Alien was not prejudiced when rescission of status and removal proceedings were combined. |
Immigration |
|
Jun. 20, 2005 | |
|
03-55823
|
Watec Co. Ltd. v. Liu
Court cannot award attorney fees based on jury finding that trademark infringement was intentional. |
Intellectual Property |
|
Jun. 20, 2005 | |
|
02-36017
|
Oloth Insyxiengmay v. Morgan
District court will reconsider habeas claims that were deemed procedurally barred. |
Criminal Law and Procedure |
|
Jun. 20, 2005 | |
|
03-15695
|
Credit Suisse First Boston Corp. v. Grunwald
Federal law preempts state ethics standards for neutral arbitrators. |
Civil Procedure |
|
Jun. 20, 2005 | |
|
03-16654
|
U.S. v. Orr Water Ditch Co.
Nevada law providing automatic stay of state engineer's decisions applies to federal water proceedings. |
Civil Procedure |
|
Jun. 20, 2005 |