| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B173338
|
People v. Neely
All felony violations of Penal Code Section 136.1, intimidation of victims or witnesses, are serious felonies for purposes of increased penalties. |
Criminal Law and Procedure |
|
Jun. 17, 2005 | |
|
A105783
|
Biles v. Exxon Mobil Corp.
Failure to identify witness in interrogatory answer and to supplement answer before submitting witness' declaration are not grounds for excluding declaration. |
Civil Procedure |
|
Jun. 17, 2005 | |
|
B172053
|
Horwitz v. City of Los Angeles
City must revoke permit that allowed construction of house 14 feet closer to street than permitted by municipal code. |
Real Property |
|
Jun. 17, 2005 | |
|
C041384
|
Hodgson v. Banner Life Insurance Company
Applicant for life insurance who died before receiving policy is covered because insurer received payment and ultimately approved application. |
Insurance |
|
Jun. 17, 2005 | |
|
B170830
|
Gallivan v. AT&T Corp.
Filed rate doctrine bars suit challenging telephone charge included in tariff voluntarily filed with Federal Communications Commission. |
Government |
|
Jun. 17, 2005 | |
|
F043976
|
People v. Adams
Trial court was not required to define 'maliciously' when defendant faced charge of battery on police dog. |
Criminal Law and Procedure |
|
Jun. 17, 2005 | |
|
B169161
|
People v. Gutierrez
Defendant who moved to suppress evidence before magistrate does not have to make motion before superior court after complaint is reinstated. |
Criminal Law and Procedure |
|
Jun. 17, 2005 | |
|
S033975
|
People v. Combs
Defendant's murder conviction and death sentence are affirmed. |
Criminal Law and Procedure |
|
Jun. 17, 2005 | |
|
G034387
|
Jones v. Humanscale Corp.
New Jersey arbitration award enforcing non-compete agreement did not violate California's public policy. |
Contracts |
|
Jun. 17, 2005 | |
|
04-1442
|
Movitz v. Baker (In re Triple Star Welding Inc.)
Attorney may not be entitled to fees when he failed to disclose several aspects of his pre-petition relationship to debtor. |
Bankruptcy |
|
Jun. 15, 2005 | |
|
04-1462
|
Salomon North America v. Knupfer (In re Wind 'n Wave)
Attorney representing creditor in prosecution of involuntary petition is entitled to fees though creditor incurred no other actual expenses. |
Bankruptcy |
|
Jun. 15, 2005 | |
|
04-1350
|
Simantob v. Claims Prosecutor LLC (In re Lahijani)
Sale of estate assets over objection of creditors must be 'fair and equitable.' |
Bankruptcy |
|
Jun. 15, 2005 | |
|
03-1237
|
Merck KGAA v. Integra Lifesciences I LTD
Drug maker did not infringe patents by supplying drugs for pre-clinical research. |
Intellectual Property |
|
Jun. 15, 2005 | |
|
04-6964
|
Johnson v. California
California's 'more likely than not' standard is inappropriate to determine discrimination in jury selection. |
Criminal Law and Procedure |
|
Jun. 15, 2005 | |
|
04-637
|
Bradshaw v. Stumpf
Prosecutor's use of inconsistent theories regarding defendant and his accomplice may have affected defendant's death sentence. |
Criminal Law and Procedure |
|
Jun. 15, 2005 | |
|
04-603
|
Grable & Sons Metal Products Inc. v. Darue Engineering & Manufacturing
National interest in providing federal forum for federal tax litigation is sufficiently substantial to support exercise of federal-question jurisdiction. |
Taxation |
|
Jun. 15, 2005 | |
|
04-495
|
Wilkinson v. Austin
New state prison policy adding safeguards for prisoners meets due process requirements. |
Constitutional Law |
|
Jun. 15, 2005 | |
|
03-9659
|
Miller-El v. Dretke
Prosecutor's dismissal of potential jurors because they were African-American requires new trial. |
Criminal Law and Procedure |
|
Jun. 15, 2005 | |
|
S131126
|
People v. Nawi
Order |
|
Jun. 14, 2005 | ||
|
S131482
|
People v. Shaw
Order |
|
Jun. 14, 2005 | ||
|
S133007
|
People v. Soto
Order |
|
Jun. 14, 2005 | ||
|
C042763
|
People v. Williams
Murder conviction of defendant who caused death of passenger during high-speed police chase is reversed. |
Criminal Law and Procedure |
|
Jun. 14, 2005 | |
|
F037501
|
People v. Thomas
Court has statutory discretion either to order a juvenile's placement in juvenile hall or to impose adult sentence instead. |
Juveniles |
|
Jun. 14, 2005 | |
|
E033166
|
People v. Williams
Remand for resentencing is appropriate where trial court should have stayed count under Penal Code Section 654, even though state did not cross-appeal sentence. |
Criminal Law and Procedure |
|
Jun. 14, 2005 | |
|
S131836
|
People v. Merchant
Order |
|
Jun. 14, 2005 | ||
|
S133525
|
In re G. (I.)
Order |
|
Jun. 14, 2005 | ||
|
G029531
|
Mandel v. Household Bank (Nevada), National Assn.
Unilateral amendment, which imposed binding arbitration of disputes under credit card agreement, is proper under Nevada law. |
Civil Procedure |
|
Jun. 14, 2005 | |
|
C044201
|
Anolik v. EMC Mortgage Corp.
Mortgage company wrongfully foreclosed on homeowner. |
Real Property |
|
Jun. 14, 2005 | |
|
04-15332
|
Gerling Global Reinsurance v. Garamendi
Insurers of Holocaust-era policies were prevailing parties entitled to award of reasonable attorney fees. |
Insurance |
|
Jun. 13, 2005 | |
|
04-368
|
Arthur Andersen LLP v. U.S.
Jury instructions for obstruction of justice charge must require findings of dishonesty and contemplation of legal proceeding. |
Criminal Law and Procedure |
|
Jun. 13, 2005 |