| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B163016
|
Landis v. Pinkerton Inc.
Despite parties' agreement to the contrary, statutory time limit for correction of arbitration award was enforceable. |
Employment Law |
|
Jan. 14, 2005 | |
|
E033110
|
Travelers Casualty and Surety Co. v. Transcontinental Insurance Co.
Insurer's duty to defend was triggered when primary policy referenced in excess policy had been exhausted. |
Insurance |
|
Jan. 14, 2005 | |
|
B170598
|
People v. Kleinman
Restitution order that remained unsatisfied after revocation of defendant's probation is still enforceable by victim. |
Criminal Law and Procedure |
|
Jan. 12, 2005 | |
|
G032653
|
Rey Piedra, a Minor
Parents of child who was heavily medicated during seizures failed to prove medical malpractice. |
Torts |
|
Jan. 12, 2005 | |
|
C044110
|
People v. Arbacauskas
Complaint charging defendant with cultivating marijuana for sale was properly dismissed. |
Criminal Law and Procedure |
|
Jan. 12, 2005 | |
|
B161549
|
City of Hope Nat'l Medical Center v. Genentech Inc.
Jury's interpretation of royalty agreement between parties was reasonable in light of evidence. |
Contracts |
|
Jan. 12, 2005 | |
|
03-15066
|
Cashman v. City of Cotati
City's mobilehome park rent-control law effects regulatory taking in violation of Fifth Amendment. |
Constitutional Law |
|
Jan. 11, 2005 | |
|
03-15332
|
Maduka v. Sunrise Hospital
Civil rights complaint containing only conclusory allegations of racial discrimination can survive motion to dismiss for failure to state claim. |
Civil Rights |
|
Jan. 11, 2005 | |
|
03-50096
|
U.S. v. Ortega-Ascanio
Withdrawal of plea was justified in light of intervening decision by U.S. Supreme Court. |
Criminal Law and Procedure |
|
Jan. 11, 2005 | |
|
H022775
|
People v. Lazalde
Probation searches are invalid if officer is unaware of search condition at time of search. |
Criminal Law and Procedure |
|
Jan. 11, 2005 | |
|
03-10197
|
U.S. v. Bucher
Circumstantial evidence establishes hiker's intent to interfere with rangers' investigation and arrest of fellow hiker. |
Criminal Law and Procedure |
|
Jan. 11, 2005 | |
|
04-50115
|
U.S. v. Rivera-Guerrero
Magistrate judge lacks authority to order involuntary administration of medication to render alien competent to stand trial. |
Immigration |
|
Jan. 11, 2005 | |
|
02-15113
|
Gadda v. Ashcroft
Reciprocal discipline imposed on attorney by federal courts based on California State Bar Court suspension order is valid. |
Attorneys |
|
Jan. 11, 2005 | |
|
02-17346
|
Squaw Valley Development Company v. Goldberg
Government employee is not entitled to summary judgment on equal protection claim where his actions were motivated by personal animus. |
Constitutional Law |
|
Jan. 11, 2005 | |
|
B159750
|
People v. Salas
Sale of unqualified securities is general intent crime which carries knowledge requirement. |
Criminal Law and Procedure |
|
Jan. 11, 2005 | |
|
G031069
|
Lebrilla v. Farmers Group Inc.
Denial of plaintiffs' statewide class certification must be reversed due to court's application of wrong legal criteria. |
Civil Procedure |
|
Jan. 11, 2005 | |
|
B177177
|
Goldstein v. Ralphs Grocery Co.
Party had no right of immediate appeal from denial of special motion to strike. |
Civil Procedure |
|
Jan. 11, 2005 | |
|
D043261
|
In re Merrick V.
Juvenile court was not required to provide reunification services to grandmother before terminating guardianship. |
Family Law |
|
Jan. 11, 2005 | |
|
03-35381
|
May Trucking Co. v. Oregon Dept. of Transportation
Tax Injunction Act deprives court of subject matter jurisdiction to hear claim regarding International Fuel Tax Agreement. |
Taxation |
|
Jan. 11, 2005 | |
|
S120903
|
Morohoshi v. Pacific Home
Regional center is not vicariously liable for negligence-related death that occurred in residential care facility. |
Torts |
|
Jan. 11, 2005 | |
|
E033907
|
People v. Dove
Trial court may sentence defendant convicted of cocaine base possession to prison although jury found him not guilty of possession for sale. |
Criminal Law and Procedure |
|
Jan. 11, 2005 | |
|
02-56577
|
Pincay v. Andrews
Attorney's reliance on paralegal that resulted in missing filing deadline for appeal was excusable. |
Attorneys |
|
Jan. 11, 2005 | |
|
02-16447
|
Pardi v. Kaiser Permanente Hospital Inc.
California's statutory litigation privilege does not bar action brought under Americans with Disabilities Act. |
Civil Procedure |
|
Jan. 11, 2005 | |
|
A104965
|
Doe v. Bonta
There is no clear, present and ministeral duty justifiying orders given to Dept. of Health Services regarding administration of Medi-Cal. |
Government |
|
Jan. 11, 2005 | |
|
G033136
|
Wilshire Insurance Company Inc. v. Sentry Select Insurance Company
Insurer of trailer involved in deadly accident must contribute to costs incurred by insurer of tractor. |
Insurance |
|
Jan. 11, 2005 | |
|
03-30127
|
U.S. v. Schoneberg
Prohibiting cross-examination of witness about his plea bargain violated defendant's confrontation rights. |
Criminal Law and Procedure |
|
Jan. 11, 2005 | |
|
E033550
|
Century Surety Co. v. Crosby Insurance Inc.
Insurance broker can be liable to insurer for participating in fraudulent insurance application. |
Insurance |
|
Jan. 11, 2005 | |
|
G033636
|
We Do Graphics Inc. v. Mercury Casualty Co.
Company's business liability policy did not cover cost of defending lawsuit for stealing customer files. |
Insurance |
|
Jan. 11, 2005 | |
|
03-30162
|
U.S. v. Garcia-Beltran
Court will reconsider whether fingerprints obtained during illegal arrest should be suppressed. |
Criminal Law and Procedure |
|
Jan. 11, 2005 | |
|
03-70674
|
Morales-Izquierdo v. Ashcroft
Regulation that authorizes immigration officer to determine deportability of alien conflicts with Immigration and Nationality Act. |
Immigration |
|
Jan. 11, 2005 |