| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
03-70044
|
Shire v. Ashcroft
Adverse credibility determination against alien based on speculation was improper. |
Immigration |
|
Jan. 11, 2005 | |
|
C047007
|
Roland v. Superior Court (People)
Defense must provide prosecution with unrecorded oral statements of prospective witnesses. |
Criminal Law and Procedure |
|
Jan. 11, 2005 | |
|
H026467
|
People v. Lazarevich
State may assert jurisdiction over father who violated custody order by taking children to foreign country. |
Civil Procedure |
|
Jan. 11, 2005 | |
|
02-73499
|
Taha v. Ashcroft
Board of Immigration Appeals cannot find that petitioner lacked credibility because his testimony was more detailed than his asylum application. |
Immigration |
|
Jan. 11, 2005 | |
|
03-30432
|
U.S. v. Mann
Prosecutor failed to prove defendants' firearm possession was 'in furtherance' of drug trafficking crime. |
Criminal Law and Procedure |
|
Jan. 11, 2005 | |
|
02-72597
|
Li v. Ashcroft
Alien who committed fraud that caused equivocal amount of money loss is not removable. |
Immigration |
|
Jan. 11, 2005 | |
|
B167543
|
People v. Callahan
Order granting new trial due to ineffective assistance of counsel is reviewed deferentially. |
Criminal Law and Procedure |
|
Jan. 11, 2005 | |
|
02-73420
|
Circu v. Ashcroft
Immigration judge's reliance on country report created two years after asylum hearing did not violate due process. |
Immigration |
|
Jan. 11, 2005 | |
|
03-17036
|
Stow v. Murashige
Defendant whose first-degree murder conviction was reversed may not be retried for attempted second-degree murder. |
Criminal Law and Procedure |
|
Jan. 11, 2005 | |
|
99-55477
|
Gantt v. Roe
Court will determine whether prosecutor failed to disclose exculpatory evidence. |
Criminal Law and Procedure |
|
Jan. 11, 2005 | |
|
03-50577
|
U.S. v. Vargas-Amaya
District court lacked jurisdiction to consider whether defendant violated terms of supervised release. |
Criminal Law and Procedure |
|
Jan. 11, 2005 | |
|
02-73538
|
Lanza v. Ashcroft
Immigration board's affirmance of deportation order without opinion violates due process and requires clarification. |
Immigration |
|
Jan. 11, 2005 | |
|
A105826
|
Northern California Carpenters Regional Council v. Warmington Hercules Associates
Anti-SLAPP motion was properly denied when suit alleged underpayment of non-union workers. |
Civil Procedure |
|
Jan. 11, 2005 | |
|
H027258
|
Osornio v. Weingarten
Estate planning attorney owed duty of care to donee nonclient under facts as may be alleged in amended complaint. |
Attorneys |
|
Jan. 11, 2005 | |
|
C041749
|
Central Delta Water Agency v. State Water Resources Control Board (Delta Wetlands Properties)
Water board improperly issued permit for development project that lacked actual purchasers. |
Administrative Agencies |
|
Jan. 11, 2005 | |
|
G033133
|
Heaps v. Heaps
Based on trust terms, second wife must pay over assets that she thought were her deceased husband's to his children. |
Probate and Trusts |
|
Jan. 11, 2005 | |
|
A105160
|
Save Our Sunol Inc. v. Mission Valley Rock Co.
County measure protecting agricultural land does not apply to previously approved quarry project. |
Government |
|
Jan. 11, 2005 | |
|
H026101
|
Santa Clara Valley Transportation Authority v. Public Utilities Commission
Public Utilities Commission does not have jurisdiction over transit district's light rail crossings. |
Administrative Agencies |
|
Jan. 11, 2005 | |
|
B172387
|
People v. Toscano
Court should have enforced defendant's plea agreement by permitting motion to strike prior conviction. |
Criminal Law and Procedure |
|
Jan. 11, 2005 | |
|
02-50182
|
U.S. v. Butler
District court erred by not considering to group together counts of mail fraud and money laundering for sentencing purposes. |
Criminal Law and Procedure |
|
Jan. 11, 2005 | |
|
04-50046
|
U.S. v. Smith
Search of automobile prior to arrest of speeding motorist without identification was valid. |
Criminal Law and Procedure |
|
Jan. 11, 2005 | |
|
02-71727
|
Salvador-Calleros v. Ashcroft
Motion for stay of voluntary departure filed on Monday after Saturday when voluntary departure period ended is timely. |
Immigration |
|
Jan. 11, 2005 | |
|
B169940
|
Bates v. Franchise Tax Board
Plaintiffs may invoke damage and injunctive relief provisions of Information Practices Act in dispute with Franchise Tax Board. |
Government |
|
Jan. 11, 2005 | |
|
H026291
|
Gupta v. Stanford university
University student who challenges discipline must exhaust judicial remedy of administrative mandamus. |
Civil Procedure |
|
Jan. 11, 2005 | |
|
03-35626
|
Thai v. Ashcroft
Order |
|
Jan. 11, 2005 | ||
|
03-1399
|
Bartee v. Ainsworth (In re Bartee)
Debtors do not have absolute right to dismissal of their voluntary bankruptcy case. |
Bankruptcy |
|
Jan. 11, 2005 | |
|
02-56818
|
Diaz v. Gates
Order |
|
Jan. 11, 2005 | ||
|
B166653
|
Benasra v. Mitchell, Silberberg & Knupp
Anti-SLAPP motion to strike should not have been granted in case regarding attorney breach of duty of loyalty. |
Attorneys |
|
Jan. 11, 2005 | |
|
B169508
|
Suarez v. Office of Administrative Hearings (Bennett)
Court may not order disclosure of Department of Real Estate manuals containing privileged information. |
Administrative Agencies |
|
Jan. 11, 2005 | |
|
H025852
|
Atlantic Mutual Ins. Co. v. Ruiz
Motorist that was hit while tending to fellow accident victim is not covered by his employer's policy. |
Insurance |
|
Jan. 11, 2005 |