| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
03-1454
|
Ashcroft, Atty. Gen. v. Raich
Order |
|
Jan. 6, 2005 | ||
|
H021541
|
Travis v. County of Santa Cruz
Because facial attack on land-use ordinance is subject to 90-day statute of limitations, petitioners' action is time-barred. |
Real Property |
|
Jan. 5, 2005 | |
|
E033920
|
Powers v. The Rug Barn
Merely hiring competitor's employee without use of unfair methods is not actionable interference with contract. |
Torts |
|
Jan. 5, 2005 | |
|
E033503
|
People v. Poslof
State must prove actual knowledge of sex offender's duty to register in location of each residence but not length of stay. |
Criminal Law and Procedure |
|
Jan. 5, 2005 | |
|
E034071
|
People v. Joy
Imposition of upper term does not require jury findings of aggravating circumstances. |
Criminal Law and Procedure |
|
Jan. 4, 2005 | |
|
02-30326
|
U.S. v. Ameline
Defendant convicted of conspiring to distribute drugs is entitled to jury trial regarding amount of drugs. |
Criminal Law and Procedure |
|
Jan. 3, 2005 | |
|
A104466
|
City of St. Helena v. Public Utilities Commission (Napa Valley Wine Train Inc.)
Public Utilities Commission cannot determine round trip sightseeing train whose business plan envisions multiple stops to be public utility. |
Administrative Agencies |
|
Jan. 3, 2005 | |
|
B169206
|
Marriage of Davis
Spousal support does not terminate under agreement when retirement benefits are deposited in account, because agreement ends support when wife receives first payment. |
Family Law |
|
Jan. 3, 2005 | |
|
B168790
|
Hasler v. Howard
Plaintiff's offer to settle case is inadmissible to establish his liability for defendant's attorney fees. |
Civil Procedure |
|
Jan. 3, 2005 | |
|
H026961
|
In re Ernesto H.
Juvenile who verbally threatened teacher failed to establish First Amendment defense. |
Juveniles |
|
Jan. 3, 2005 | |
|
A105993
|
Schnee v. Alameda Unified School District
Reading specialist later hired as certificated teacher was properly classified as second-year probationary employee. |
Education |
|
Jan. 2, 2005 | |
|
B163793
|
People v. Aguilar
Defendant who dragged victim to unlit area to rape her without detection is guilty of aggravated kidnapping. |
Criminal Law and Procedure |
|
Dec. 30, 2004 | |
|
G033198
|
Native American Sacred Site And Environmental Protection Ass'n v. City of San Juan Capistrano (Pueblo Serra LLC)
City's compliance with election law exempts adoption of land-use initiative from environmental review requirements. |
Government |
|
Dec. 29, 2004 | |
|
04-1119
|
Tennant v. Rojas (In re Tennant)
Dismissal of Chapter 13 petition without further notice and hearing is appropriate when case involves very narrow procedural aspects. |
Bankruptcy |
|
Dec. 29, 2004 | |
|
04-1319
|
George v. City of Morro Bay (In re George)
Bankruptcy petitioner's newfound attempt to retain lease is barred by doctrine of claim preclusion. |
Bankruptcy |
|
Dec. 29, 2004 | |
|
04-1113
|
Gilliam v. Speier (In re KRSM Properties LLC)
Bankruptcy court can order IRS to return limited liability company funds used by owners to pay their tax obligations. |
Bankruptcy |
|
Dec. 29, 2004 | |
|
F045075
|
Morgan v. San Joaquin Community Hospital
Notice of appeal stated within points and authorities of defective motion for reconsideration is valid. |
Civil Procedure |
|
Dec. 29, 2004 | |
|
02-73933
|
Metro Leasing and Development Corp. v. Commissioner of Internal Revenue
Tax court properly determined amount of corporate officer's salary that could be deducted as business expense. |
Taxation |
|
Dec. 28, 2004 | |
|
C044766
|
Rietveld v. Rosebud Storage Partners LP
Sanctions are appropriate where counsel did not produce evidence and failed to secure attendance of clients at arbitration proceeding. |
Civil Procedure |
|
Dec. 28, 2004 | |
|
S113929
|
People v. Brown
Expert testimony regarding battered women's syndrome is admissible despite single instance of domestic violence. |
Criminal Law and Procedure |
|
Dec. 28, 2004 | |
|
S110887
|
Reeves (James Greebe) On H.C.
Order |
|
Dec. 28, 2004 | ||
|
04-401
|
Opinion of Lockyer
Copy of private check obtained by Fair Political Practices Commission through issuance of administrative subpoena is not subject to disclosure. |
Government |
|
Dec. 28, 2004 | |
|
S113466:ord
|
Marine Forests Society v. Coastal Commission
Order |
|
Dec. 23, 2004 | ||
|
03-55808
|
Focus Media Inc. v. National Broadcasting Co. Inc. (In re Focus Media Inc.)
Television stations were properly awarded summary judgment in bankruptcy proceeding. |
Bankruptcy |
|
Dec. 20, 2004 | |
|
02-57052
|
Ronald Moran Cadillac Inc. v. United States
Plaintiff is entitled only to refund amount government conceded was due for specific taxable year. |
Taxation |
|
Dec. 20, 2004 | |
|
B166460
|
Block v. Golden Eagle Insurance Corp.
Cost of repair reduced from fair market value of property in eminent domain action is not 'damages' under insurance policy. |
Insurance |
|
Dec. 17, 2004 | |
|
04-104
|
United States v. Booker
Order |
|
Dec. 17, 2004 | ||
|
04-105
|
United States v. Fanfan
Order |
|
Dec. 17, 2004 | ||
|
04A73
|
Associated Press v. District Court for the Fifth Judicial District of Colorado
Order |
|
Dec. 17, 2004 | ||
|
S127902
|
Environmental Charter High School v. Centinela Valley High School District
Order |
|
Dec. 17, 2004 |