| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
02-50636
|
U.S. v. Padilla
Conviction for being felon in possession of firearm is upheld despite order vacating underlying felony conviction. |
Criminal Law and Procedure |
|
Jan. 10, 2005 | |
|
02-35881
|
Enlow v. Salem-Keizer Yellow Cab co.,
Cab company presents sufficient evidence that discharge of elderly employee was without discriminatory intent. |
Employment Law |
|
Jan. 10, 2005 | |
|
02-10526
|
U.S. v. Washington
Defendant's written consent to search does not quality as intervening event sufficient to purge taint of officer's prior illegal conduct. |
Criminal Law and Procedure |
|
Jan. 10, 2005 | |
|
B165402
|
Boranian v. Clark
Attorney who prepared will for testator had no duty toward client's 'intended beneficiary.' |
Probate and Trusts |
|
Jan. 10, 2005 | |
|
D043278
|
Johnson v. State Water Resources Control Board
State water board was not required to review administrative penalty imposed by regional board. |
Environmental Law |
|
Jan. 10, 2005 | |
|
H026166
|
People v. Caudillo
Third party's 911 call immediately after shooting was not testimonial. |
Criminal Law and Procedure |
|
Jan. 10, 2005 | |
|
03-10710
|
U.S. v. Contreras-Salas
Alien's conviction for child abuse does not qualify as crime of violence for purposes of sentence enhancement. |
Criminal Law and Procedure |
|
Jan. 10, 2005 | |
|
02-74367
|
San Pedro v. Ashcroft
Order |
|
Jan. 10, 2005 | ||
|
F042343
|
People v. Eckley
Trial court's reliance on documents containing factual misstatements necessitates remand for new sentencing hearing. |
Criminal Law and Procedure |
|
Jan. 10, 2005 | |
|
B167190
|
Burnett v. Chimney Sweep
Provision of lease limiting landlord's liability that failed to expressly preclude liability for negligence does not preclude tenant's suit for mildew damages. |
Real Property |
|
Jan. 10, 2005 | |
|
B171843
|
Page v. Los Angeles County Probation Dept.
Plaintiff's failure to exhaust administrative and judicial remedies precludes suit for damages. |
Employment Law |
|
Jan. 10, 2005 | |
|
B171524
|
People v. Miranda
Trial court erred in granting defendant's motion to withdraw guilty plea that was not made within six months of probation. |
Criminal Law and Procedure |
|
Jan. 10, 2005 | |
|
B170647
|
Societe Civile Succession Richard Guino v. Redstar Corp.
Plaintiffs that failed to serve summons on defendants cannot enforce foreign money judgment. |
Civil Procedure |
|
Jan. 10, 2005 | |
|
H027346
|
Litmon v. Superior Court
Court may consolidate Sexually Violent Predator recommitment petitions when consolidation does not lead to delay of first petition. |
Criminal Law and Procedure |
|
Jan. 10, 2005 | |
|
03-55238
|
Laparade v. Ivanova
Production companies enjoy rights as 'authors' of 34 Spanish-language motion pictures under Mexican law. |
Intellectual Property |
|
Jan. 10, 2005 | |
|
B169749
|
People v. Chan
Sex offender who willfully provided inaccurate address is guilty of failure to register. |
Criminal Law and Procedure |
|
Jan. 10, 2005 | |
|
03-71013
|
Ding v. Ashcroft
Lack of physical restraints during forced abortion is not legitimate basis for adverse credibility finding of asylum petitioner. |
Immigration |
|
Jan. 10, 2005 | |
|
02-72480
|
Hamoui v. Ashcroft
Applicant moving to reopen deportation proceeding under Convention Against Torture must only show that torture is more likely than not. |
Immigration |
|
Jan. 10, 2005 | |
|
02-55983
|
Newton v. Diamond
Composer fails to demonstrate that rap group Beastie Boys' use of his composition was substantial enough for copyright infringement. |
Intellectual Property |
|
Jan. 10, 2005 | |
|
03-30221
|
U.S. v. Melendrez
Sentence enhancement applies to defendant who 'breeds' fake identification documents from authentic Social Security numbers. |
Criminal Law and Procedure |
|
Jan. 10, 2005 | |
|
H026265
|
People v. Jaffe
Possession of cocaine is lesser included offense of armed possession of cocaine. |
Criminal Law and Procedure |
|
Jan. 10, 2005 | |
|
G033269
|
Permanent General Assurance Corp. v. Superior Court (Hernandez)
Plaintiff in action against insured is entitled to particular claims files after obtaining insureds' authorizations. |
Insurance |
|
Jan. 10, 2005 | |
|
B173974
|
Curtis T. v. County of Los Angeles
Delayed discovery rule may apply to child sexual molestation cases. |
Civil Procedure |
|
Jan. 10, 2005 | |
|
B169468
|
Sagi Plumbing v. Chartered Construction Corp.
Trial in bifurcated action that resolved first cause of action did not dispose of remaining causes of action. |
Civil Procedure |
|
Jan. 10, 2005 | |
|
S127529
|
People v. Sykes
Court did not err in permitting victim to testify she had knowledge of defendant's previous bank robbery convictions |
Criminal Law and Procedure |
|
Jan. 9, 2005 | |
|
03-35057
|
Johnson v. Hawe
Police communications over radio in police car with window rolled down is not protected by Washington's Privacy Act. |
Government |
|
Jan. 9, 2005 | |
|
S127505
|
People v. Partida
Order |
|
Jan. 9, 2005 | ||
|
02-56943
|
Cabazon Band of Mission Indians v. Smith
County's prohibition on display of emergency light bars on tribe's police vehicles is discriminatory. |
Native American Affairs |
|
Jan. 9, 2005 | |
|
C045211
|
People v. Dial
Defendant awaiting sentencing in California in other state is not entitled to be returned to California for sentencing. |
Constitutional Law |
|
Jan. 9, 2005 | |
|
F044068
|
Leavitt v. County of Madera
Requirement that petitioner request hearing in writ of mandate proceeding must be construed literally. |
Environmental Law |
|
Jan. 9, 2005 |