| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
03-16730
|
Huang v. Ashcroft
Immigrant seeking deferral of removal under Convention Against Torture must comply with federal deadline. |
Immigration |
|
Jun. 17, 2005 | |
|
B164022
|
TME Enterprises Inc. v. Norwest Corp.
Bank can accept incoming wire transfer with beneficiary that does not match name on account as long as it is unaware of discrepancy. |
Banking |
|
Jun. 17, 2005 | |
|
D042385
|
Building Industry Association of San Diego County v. State Water Resources Control Board
Water Resources Control Board has authority under federal law to include permit provisions requiring compliance with state water quality standards. |
Environmental Law |
|
Jun. 17, 2005 | |
|
C042456
|
People v. Song
Co-defendants' improperly admitted statements incriminating each other is not harmless error if they relate to central issue of a charge. |
Criminal Law and Procedure |
|
Jun. 17, 2005 | |
|
03-71469
|
Mamouzian v. Ashcroft
Government sanctioned beatings, threats, and arrests of a government protester are sufficient to show political persecution. |
Immigration |
|
Jun. 17, 2005 | |
|
03-35808
|
U.S. v. Fredman
Attorney's admission of defendant's wrongdoing in opening statement was not ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Jun. 17, 2005 | |
|
02-16903
|
Dawson v. Washington Mutual Bank (In re Dawson)
Debtor may recover damages for emotional distress without needing to show violation of bankruptcy stay was egregious. |
Bankruptcy |
|
Jun. 17, 2005 | |
|
C039617
|
Lonicki v. Sutter Health Central
Statutory definition of serious health condition that makes employee unable to perform functions of her position is not employer-specific. |
Employment Law |
|
Jun. 17, 2005 | |
|
F045075
|
Morgan v. San Joaquin Community Hospital
Notice of appeal stated within points and authorities of defective motion for reconsideration is valid. |
Civil Procedure |
|
Jun. 17, 2005 | |
|
F043826
|
People v. Navarro
Imposition by court of consecutive sentences does not violate right to jury trial when based on facts found by jury. |
Criminal Law and Procedure |
|
Jun. 17, 2005 | |
|
F044943
|
Bakersfield Citizens for Local Control v. City of Bakersfield
City must assess both individual and cumulative environmental impact of two shopping centers located 3.6 miles apart. |
Environmental Law |
|
Jun. 17, 2005 | |
|
F043836
|
Crippen v. Central Valley RV Outlet Inc.
Plaintiff failed to prove arbitration agreement is procedurally unconscionable. |
Civil Procedure |
|
Jun. 17, 2005 | |
|
S034473
|
People v. Monterroso
Admission of dying declaration of convenience store clerk does not violate Confrontation Clause. |
Criminal Law and Procedure |
|
Jun. 17, 2005 | |
|
S114375
|
People v. Braxton
Trial court must conduct hearing on defendant's motion for new trial on ground of jury misconduct. |
Criminal Law and Procedure |
|
Jun. 17, 2005 | |
|
B166718
|
People v. Overby
Consent to Batson-Wheeler remedy of reseating juror is implied from request that juror remain in courtroom and submission to remedy without argument. |
Criminal Law and Procedure |
|
Jun. 17, 2005 | |
|
B175411
|
Briley v. Appellate Division of the Superior Court of Los Angeles (Hermosa Beach Police Dept.)
Defendants are entitled to discovery resulting from an internal affairs investigation of the circumstances of their arrests. |
Criminal Law and Procedure |
|
Jun. 17, 2005 | |
|
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 |