| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C046473
|
Paterno v. Superior Court (State of California)
Hearing conducted by trial judge after remand that does not require reexamination of law or fact is not new trial. |
Civil Procedure |
|
Jan. 10, 2005 | |
|
H025585
|
Laico v. Chevron U.S.A. Inc.
Nonsuit is appropriate in premises liability claim where no evidence shows that property owner knew of benzene hazard created by tenant's activities. |
Torts |
|
Jan. 10, 2005 | |
|
C036854
|
People v. Meeks
Defendant who stopped complying with requirement to register as felon is guilty of multiple offenses. |
Criminal Law and Procedure |
|
Jan. 10, 2005 | |
|
B162880
|
Williams v. Freedomcard Inc.
Corporate officer that failed to post bond in appealing administrative order is personally liable for employee's unpaid wages. |
Civil Procedure |
|
Jan. 10, 2005 | |
|
A102819
|
City of Brentwood v. Central Valley Regional Water Quality Control Board
City had obligation to present evidence that its wastewater violations were due to unforeseen natural phenomena. |
Environmental Law |
|
Jan. 10, 2005 | |
|
B161317
|
Penny v. Wilson
Trustee's allocation of property to trust without consideration of appreciation in value was improper. |
Probate and Trusts |
|
Jan. 10, 2005 | |
|
03-35279
|
Gifford Pinchot Task Force v. United States Fish & Wildlife Service
Order |
|
Jan. 10, 2005 | ||
|
02-56466
|
United States v. Mirama Enterprises Inc.
Appliance manufacturer that failed to report safety risk can be penalized for each unit that was distributed. |
Business Law |
|
Jan. 10, 2005 | |
|
01-56367
|
Gaston v. Palmer
Court incorrectly applied tolling provisions in finding prisoner's second habeas application untimely. |
Criminal Law and Procedure |
|
Jan. 10, 2005 | |
|
03-35461
|
Klamath-Siskiyou Wildlands Center v. Bureau of Land Management
Analyses do not comply with National Environmental Policy Act because they do not sufficiently consider cumulative impacts posed by timber sales. |
Environmental Law |
|
Jan. 10, 2005 | |
|
B171891
|
Larian v. Larian
Trial court was required to compel arbitration in absence of evidence of fraud in execution of arbitration agreements. |
Civil Procedure |
|
Jan. 10, 2005 | |
|
F044294
|
People v. Ausbie
Assault by means of force likely to produce great bodily injury is not necessarily lesser included offense of mayhem. |
Criminal Law and Procedure |
|
Jan. 10, 2005 | |
|
B174411
|
D'Orsay Int'l Partners v. Superior Court (Stone)
Contractor could not assert mechanic's lien when construction did not commence on property. |
Real Property |
|
Jan. 10, 2005 | |
|
C045011
|
George F. Hillenbrand Inc. v. Insurance Co. of North America
Policyholder that won malicious prosecution lawsuit against insurer is not entitled to prejudgment interest. |
Civil Procedure |
|
Jan. 10, 2005 | |
|
02-16619
|
People v. Dynegy Inc.
Removal of state law claim was proper when claim arose under regulations pursuant to Federal Power Act. |
Government |
|
Jan. 10, 2005 | |
|
A101106
|
People v. Nicholson
Parolee who fled arrest for parole violation is liable under escape statute. |
Criminal Law and Procedure |
|
Jan. 10, 2005 | |
|
G033918
|
David B. v. Superior Court (Orange County Social Services Agency)
Court incorrectly determined that child could not be safely released into father's custody. |
Family Law |
|
Jan. 10, 2005 | |
|
02-16958
|
Hansbrough v. Birdsell (In re Hercules Enterprises inc.)
Contempt sanction cannot be deemed nondischargeable in future personal bankruptcy case. |
Bankruptcy |
|
Jan. 10, 2005 | |
|
03-56447
|
Fidelity Federal Bank v. Durga Ma Corp.
District court acted within its discretion when it corrected post-judgment interest rate to federal rate. |
Civil Procedure |
|
Jan. 10, 2005 | |
|
C045644
|
Handyman Connection of Sacramento Inc. v. Sands
Contractor that used abbreviated name in contract is not subject to discipline if customer is not misled. |
Administrative Agencies |
|
Jan. 10, 2005 | |
|
A103046
|
Krumme v. Mercury Insurance Co.
Insurer's 'broker-agents' do not enjoy safe harbor from liability under Unfair Competition Law. |
Insurance |
|
Jan. 10, 2005 | |
|
A107367
|
Gray v. Superior Court (Medical Board of California)
Suspension of physician's license as condition of bail violated due process. |
Criminal Law and Procedure |
|
Jan. 10, 2005 | |
|
03-55085
|
Int'l Assoc. of Machinists and Aerospace Workers v. BF Goodrich Aerospace Aerostructures Group
Collective bargaining agreement requiring employer to pay salary and benefits to full-time union representative is valid. |
Employment Law |
|
Jan. 10, 2005 | |
|
02-16896
|
Parle v. Runnels
District court will reconsider whether habeas petitioner was deprived of fair trial. |
Criminal Law and Procedure |
|
Jan. 10, 2005 | |
|
S108220
|
Stockett v. Association of California Water Agencies Joint Powers Insurance Authority
Tort Claims Act does not prevent employee from asserting novel theories not specified in original claim of wrongful termination. |
Government |
|
Jan. 10, 2005 | |
|
S009038
|
People v. Turner
Appellate court properly vacated defendant's life without possibility of parole sentence because there was illegal plea bargain. |
Criminal Law and Procedure |
|
Jan. 10, 2005 | |
|
H026548
|
Ragghanti v. Reyes
Court must apply best interest analysis to determine custody of child whose mother wishes to move when no final custody order exists. |
Family Law |
|
Jan. 10, 2005 | |
|
B168901
|
Blanchard v. DIRECTV Inc.
Plaintiffs' claim was not brought in public interest and thus not entitled to protection from anti-SLAPP motion to strike. |
Civil Procedure |
|
Jan. 10, 2005 | |
|
B175433
|
Hill Brothers Chemical Co. v. Superior Court (Lorentsen)
Private motor carrier is not liable for vehicular negligence of its independent contractor. |
Torts |
|
Jan. 10, 2005 | |
|
B169057
|
Featherson v. Farwell
Where question about intent of testator to favor one child over another exists, attorney is not accountable to either child. |
Probate and Trusts |
|
Jan. 10, 2005 |