| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B172425
|
Jesse G., a Minor
Referee acting as both judge and advocate in juvenile proceeding violated minor's procedural due process rights. |
Juveniles |
|
Jun. 20, 2005 | |
|
02-72329
|
Lara-Torres v. Gonzales
Immigrants' claim of ineffective assistance of counsel failed because attorney's advice did not affect proceedings. |
Immigration |
|
Jun. 20, 2005 | |
|
02-36142
|
Tanadgusix Corp. v. Huber
Corporation that requested government vessel for Alaska natives breached agreement by docking vessel in Hawaii. |
Government |
|
Jun. 20, 2005 | |
|
03-30365
|
U.S. v. Cayman
Court need not suppress evidence found on hard drive of computer that defendant obtained by fraud. |
Criminal Law and Procedure |
|
Jun. 20, 2005 | |
|
H026601
|
Sister Judith Lynn Gardenhire etc., v. Superior Court of Santa Clara County (Francesconi)
Decedent revoked trust by will before she died and regained ownership of property as individual. |
Probate and Trusts |
|
Jun. 20, 2005 | |
|
C044989
|
Sierra Club v. West Side Irrigation District (City of Tracy)
Two assignments by different water districts are separate and independent projects under state environmental laws. |
Environmental Law |
|
Jun. 20, 2005 | |
|
C044540
|
People v. Frazier
Jury instruction accurately stated defendant's burden to raise reasonable doubt that marijuana possession was unlawful. |
Criminal Law and Procedure |
|
Jun. 20, 2005 | |
|
03-71391
|
Nuru v. Gonzales
Alien facing torture upon removal to his native Eritrea is entitled to immigration relief. |
Immigration |
|
Jun. 20, 2005 | |
|
02-99008
|
Boyde v. Brown
Murderer failed to prove co-conspirator entered into secret plea agreement to incriminate him. |
Criminal Law and Procedure |
|
Jun. 20, 2005 | |
|
03-71129
|
Tchoukhrova v. Gonzales
Harms suffered by disabled child and his parents in Russia rose to level of persecution. |
Immigration |
|
Jun. 20, 2005 | |
|
A106643
|
People v. Burns
Defendant facing commitment as sexually violent predator was not entitled to attorney's presence at psychological interviews. |
Criminal Law and Procedure |
|
Jun. 20, 2005 | |
|
B170355
|
People v. Thoma
Defendant's silence in face of judge's description of victim's injuries is tacit admission of truth. |
Criminal Law and Procedure |
|
Jun. 20, 2005 | |
|
G031282
|
Sole Energy Co. v. Hodges
Entry of $27 million default judgment as sanction for discovery abuses violated due process. |
Civil Procedure |
|
Jun. 20, 2005 | |
|
B169749
|
People v. Chan
Defendant who made two digit error in reporting his address is guilty of failing to register as a sex offender. |
Criminal Law and Procedure |
|
Jun. 20, 2005 | |
|
H024127
|
County of Santa Cruz v. Waterhouse
State law preempts county ordinance regulating height of mobilehomes. |
Civil Procedure |
|
Jun. 20, 2005 | |
|
B159733
|
Mileikowsky v. Tenet Healthsystem
Terminating sanctions for repeated failure to provide discovery was proper. |
Civil Procedure |
|
Jun. 20, 2005 | |
|
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 |