| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
03-1407
|
Rousey v. Jacoway
Debtors can exempt assets in their Individual Retirement Accounts from bankruptcy estate. |
Bankruptcy |
|
Apr. 12, 2005 | |
|
04-211
|
Opinion of Lockyer
Community college district may use its funds to hire consultant to assess public support for ballot measure. |
Education |
|
Apr. 12, 2005 | |
|
02-15475
|
Kesser v. Cambra
State appellate court did not err in using 'mixed motive' analysis to uphold constitutionality of three peremptory challenges. |
Criminal Law and Procedure |
|
Apr. 12, 2005 | |
|
B166798
|
Balandran v. Labor Ready Inc.
Employment agency that does not consider workers employed until they have been assigned job cannot compel arbitration for pre-employment issue. |
Employment Law |
|
Apr. 12, 2005 | |
|
F044634
|
People v. Eribarne
Misdemeanor conviction for driving under influence makes defendant ineligible for Proposition 36 probation and drug treatment. |
Criminal Law and Procedure |
|
Apr. 12, 2005 | |
|
A106216
|
Neufeld v. State Board of Equalization
Penalty against taxpayer for filing frivolous claim is constitutional. |
Taxation |
|
Apr. 12, 2005 | |
|
S044677
|
People v. Horning
Letter sent by California detective to Arizona authorities who had defendant in custody is insufficient to trigger federal speedy trial rights. |
Criminal Law and Procedure |
|
Apr. 12, 2005 | |
|
G033682
|
Frei v. Davey
Contract provision that denies a prevailing party attorney fees for refusing to mediate is enforceable. |
Contracts |
|
Apr. 12, 2005 | |
|
G033250
|
Elsenheimer v. Elsenheimer (Orange County Dept. of Child Support Services)
In calculating child support, custodial parent's gross income does not include Supplemental Security Income benefits. |
Family Law |
|
Apr. 12, 2005 | |
|
S113799
|
Elsner v. Uveges
Employee may use Cal-OSHA provisions to establish duty of care in negligence action against non-employer. |
Torts |
|
Apr. 12, 2005 | |
|
02-50355
|
U.S. v. Afshari
Statue that prohibits financial support to 'terrorist' organizations does not violate due process rights. |
Constitutional Law |
|
Apr. 12, 2005 | |
|
02-35676
|
Smith v. University of Washington
University of Washington Law School's use of race in its 1994-1996 admissions decisions was constitutional. |
Civil Rights |
|
Apr. 12, 2005 | |
|
02-73837
|
Unuakhaulu v. Ashcroft
District court has jurisdiction to review immigration board's nondiscretionary denial of relief under Convention Against Torture. |
Immigration |
|
Apr. 12, 2005 | |
|
G033169
|
Wolski v. Fremont Investment & Loan
Yield spread premium is not included in 'points and fees' of residential mortgage loan. |
Banking |
|
Apr. 12, 2005 | |
|
D043928
|
Craig L. v. Sandy S.
When conflicting presumptions over a child's paternity arise, factual findings must be made before weight is assigned. |
Family Law |
|
Apr. 12, 2005 | |
|
F044541
|
Sons v. Superior Court (People)
Prosecutorial misconduct intended to secure conviction does not bar subsequent retrial. |
Criminal Law and Procedure |
|
Apr. 12, 2005 | |
|
C046695
|
Sulier v. State Personnel Board
Notice of adverse action by Department of Corrections against corrections officer for misconduct may be informal. |
Government |
|
Apr. 12, 2005 | |
|
B166737
|
People v. Accredited Surety & Casualty Co. Inc.
Failure of trial court to consider statutory factors before reducing defendant's bail amount is no defense to forfeiture of bail bond. |
Criminal Law and Procedure |
|
Apr. 12, 2005 | |
|
C044731
|
People v. Bowen
Defendant who violated terms of Proposition 36 probation three times is ineligible for further probation. |
Criminal Law and Procedure |
|
Apr. 12, 2005 | |
|
F044486
|
People v. Beagle
Dismissed drug charge cannot be basis for drug-related probation condition. |
Criminal Law and Procedure |
|
Apr. 12, 2005 | |
|
B174152
|
Dream Theater Inc. v. Dream Theater
Incorporation of arbitration rules into agreement indicates clear intent to have arbitrator decide whether dispute is subject to arbitration. |
Contracts |
|
Apr. 12, 2005 | |
|
03-50304
|
U.S. v. Lopez-Zamora
Federal guidelines permit sentence departure for minor nature of underlying felony. |
Criminal Law and Procedure |
|
Apr. 12, 2005 | |
|
B167071
|
Nasha LLC v. City of Los Angeles
Decision of planning commission must be set aside when one of its members wrote negative article while matter was pending. |
Civil Procedure |
|
Apr. 12, 2005 | |
|
D044209
|
Olivia J., a Minor
Juvenile court may order incarceration of father who willfully disobeyed order to participate in reunification program. |
Juveniles |
|
Apr. 12, 2005 | |
|
G032195
|
California School Employees Association v. Governing Board of the South Orange County Community College District
Substitute community college employees who work more than 75 percent of year are entitled to classified status. |
Education |
|
Apr. 12, 2005 | |
|
03-30404
|
U.S. v. Bad Marriage
Upward departure is not justified when based only on quantity of non-serious past criminal conduct. |
Criminal Law and Procedure |
|
Apr. 12, 2005 | |
|
Michael
|
Beardslee v. Brown
Jury's consideration of invalid special circumstances did not have substantial and injurious effect on verdict. |
Criminal Law and Procedure |
|
Apr. 12, 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 |
|
Apr. 12, 2005 | |
|
S130107
|
People v. Martinez
Order |
|
Apr. 12, 2005 | ||
|
S130496
|
People v. Baca
Order |
|
Apr. 12, 2005 |
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