| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
02-16156
|
Save Our Sonoran Inc. v. Flowers
Court conducted proper analysis in finding potential for environmental injury existed in waterway project. |
Environmental Law |
|
Jan. 18, 2005 | |
|
03-35142
|
Alpha Energy Savers Inc. v. Hansen
Summary judgment against public contractor claiming bid-rigging by county employees was improper given triable issues of material fact. |
Civil Rights |
|
Jan. 18, 2005 | |
|
03-70069
|
Malty v. Ashcroft
Immigration appeals board erred in determining plaintiff had not established changed circumstances sufficient to reopen asylum case. |
Immigration |
|
Jan. 18, 2005 | |
|
03-35722
|
Boozer v. Wilder
Non-Indian must exhaust tribal court remedies under Indian Child Welfare Act when child resides within reservation. |
Native American Affairs |
|
Jan. 18, 2005 | |
|
02-72633
|
Mendiola-Sanchez v. Ashcroft
Application for suspension of deportation was properly denied where petitioners left U.S. for more than 90 days to care for relatives. |
Immigration |
|
Jan. 18, 2005 | |
|
S115438
|
People v. Barker
Sex offender registration requirement may not be excused by defendant's forgetfulness. |
Criminal Law and Procedure |
|
Jan. 18, 2005 | |
|
S106106
|
Claxton v. Waters
Preprinted language in workers' compensation compromise and release form does not bar civil remedies outside scope of workers' compensation system. |
Workers' Compensation |
|
Jan. 18, 2005 | |
|
H025401
|
Denevi v. LGCC
Member of limited liability company who brought successful derivative action against other members can sue personally for fraudulent inducement. |
Corporations |
|
Jan. 18, 2005 | |
|
03-35041
|
Easter v. American West Financial
Under Washington law, brokers who arrange table-funded loans need not be licensed. |
Banking |
|
Jan. 18, 2005 | |
|
A100240
|
Fair v. Bakhtiari
Settlement agreement that all disputes are subject to arbitration makes agreement admissible to show that parties intended to be bound. |
Civil Procedure |
|
Jan. 18, 2005 | |
|
F041899
|
People v. Johnwell
Modified version of jury instruction that increased defendant's burden of proof was unconstitutional. |
Criminal Law and Procedure |
|
Jan. 18, 2005 | |
|
B171050
|
Southern California Edison Co. v. Public Utilities Commission (Center for Energy Efficiency and Renewable Technologies)
Public Utilities Commission's interpretation of law requiring utilities to pay for upgrades is preempted by federal law. |
Administrative Agencies |
|
Jan. 18, 2005 | |
|
G033794
|
In re Cody C.
Interim order allowing additional time to find adoptive parents for children cannot be appealed. |
Juveniles |
|
Jan. 18, 2005 | |
|
B159949
|
In re Calhoun
Absent an emergency, state hospital must refrain from involuntarily medicating inmates with antipsychotic drugs unless certain conditions exist. |
Criminal Law and Procedure |
|
Jan. 18, 2005 | |
|
D041780
|
Enrique M. v. Angelina V.
Court erred in requiring father to demonstrate changed circumstances to justify modification in parenting schedule. |
Family Law |
|
Jan. 18, 2005 | |
|
B162986
|
Culbertson v. San Gabriel Unified School District
School district is not required to give non-reelection notice to non-permanent employee. |
Employment Law |
|
Jan. 18, 2005 | |
|
G033340
|
In re Karen G.
Child's attorney may seek dismissal of jurisdictional order in dependency case based on change of circumstances. |
Family Law |
|
Jan. 18, 2005 | |
|
G032748
|
Buckhorn v. St. Jude Heritage Medical Group
Tort claims stemming from contractual employment relationship are subject to arbitration even though tort occurred after termination. |
Employment Law |
|
Jan. 18, 2005 | |
|
A105199
|
People v. Johnson
Admission of hearsay lab report at criminal defendant's revocation hearing did not violate his constitutional rights. |
Criminal Law and Procedure |
|
Jan. 18, 2005 | |
|
G031791
|
People v. Minor
Trial court properly enhanced felon's sentence based on previous conviction for vehicular manslaughter. |
Criminal Law and Procedure |
|
Jan. 18, 2005 | |
|
A103727
|
People v. National Automobile and Casualty Insurance Co.
Criminal defendant who did not appear at hearing based on court's statements did not cause forfeiture of bail bond. |
Insurance |
|
Jan. 18, 2005 | |
|
C045684
|
In re White
Attorney must return client money and pay monetary sanctions to court for filing frivolous habeas petitions. |
Criminal Law and Procedure |
|
Jan. 18, 2005 | |
|
A101941
|
Sierra Club v. County of Napa (Beringer Wine Estates)
Permit allowing wine maker to develop land within Napa Valley does not violate California Environmental Quality Act. |
Environmental Law |
|
Jan. 18, 2005 | |
|
G032753
|
Marriage of Simundza
Wife who agreed to flat amount of husband's pension is not entitled to subsequent increase in pension value. |
Family Law |
|
Jan. 18, 2005 | |
|
C044087
|
Auburn Woods I Homeowners Association v. Fair Employment and Housing Commission (Elebiari)
Fair Employment and Housing Commission may award damages for emotional distress actually suffered by claimants whose condominium association shunned their dog, Pooky. |
Administrative Agencies |
|
Jan. 18, 2005 | |
|
C045858
|
People v. Knight
Officers lacked probable cause to arrest defendant found with loaded firearm in unincorporated part of city. |
Criminal Law and Procedure |
|
Jan. 18, 2005 | |
|
02-35460
|
Gilbertson v. Albright
Federal abstention principles apply to civil rights action for damages that relates to pending state proceeding. |
Civil Procedure |
|
Jan. 18, 2005 | |
|
C044329
|
California Dept. of Corrections v. State Personnel Board (Henning)
State agency has affirmative duty to engage in interactive process with asthmatic employee before medically demoting her. |
Employment Law |
|
Jan. 18, 2005 | |
|
B175204
|
City of Santa Barbara v. Superior Court (Stenson)
Disqualification of nonsupervisorial deputy city attorney does not compel vicarious disqualification of entire city attorney's office. |
Attorneys |
|
Jan. 18, 2005 | |
|
A101223
|
People v. Pantoja
Woman's translated statements in application for restraining order, custody, and child support made before her boyfriend killed her, are not trustworthy. |
Criminal Law and Procedure |
|
Jan. 18, 2005 |