| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
01-57255
|
Grosso v. Miramax Film Corp.
Court erred in holding that plaintiff's breach of implied contract claim was preempted by Copyright Act. |
Contracts |
|
Nov. 9, 2004 | |
|
01-71596
|
Arreola v. Ashcroft
Court transfers defendant's petition challenging his removal order on due process grounds. |
Immigration |
|
Nov. 9, 2004 | |
|
03-50300
|
U.S. v. Staves
Undercover agents were not required to use cloned cellphones before applying for wiretap order. |
Criminal Law and Procedure |
|
Nov. 9, 2004 | |
|
02-73216
|
Lagandaon v. Ashcroft
Alien's 10 years of continuous physical presence in U.S. makes him eligible for cancellation of removal. |
Immigration |
|
Nov. 9, 2004 | |
|
02-16945
|
Ferreira v. Ashcroft
Plaintiff is eligible for cancellation of removal because his drug possession conviction was not aggravated felony. |
Immigration |
|
Nov. 9, 2004 | |
|
03-70244
|
Perez-Enriquez v. Ashcroft
Alien's permanent residency was effective on date of adjustment, not date of application. |
Immigration |
|
Nov. 9, 2004 | |
|
03-55114
|
Jerry's Famous Deli Inc. v. Papanicolaou
Court will reconsider profits that restaurant owner should disgorge for unlawfully using 'Famous Deli' trademark. |
Intellectual Property |
|
Nov. 9, 2004 | |
|
02-73093
|
State v. Coral Power LLC
Federal Energy Regulatory Commission must demand refunds from energy wholesalers whose reports on short-term sales did not include transaction-specific data. |
Administrative Agencies |
|
Nov. 9, 2004 | |
|
03-30306
|
U.S. v. Kaur
District court properly instructed jury on required mental state for conviction on drug-related offense. |
Criminal Law and Procedure |
|
Nov. 9, 2004 | |
|
03-55211
|
Jones v. City of Santa Monica
City's post-arrest probable cause procedure did not violate plaintiff's civil rights. |
Civil Rights |
|
Nov. 9, 2004 | |
|
02-15010
|
Umali v. Dhanani (In re Umali)
Order |
|
Nov. 9, 2004 | ||
|
02-16537
|
Porter v. California Dept. of Corrections
Court erred in ruling for California Department of Corrections in sexual harassment suit. |
Employment Law |
|
Nov. 9, 2004 | |
|
S123023
|
Henley v. Morris
Order |
|
Nov. 9, 2004 | ||
|
02-17290
|
Ocean Conservancy, Inc. v. National Marine Fisheries Service
Order |
|
Nov. 9, 2004 | ||
|
B165638
|
Alch v. Superior Court (Time Warner Entertainment et al.)
Television writers alleging age discrimination may sue under state laws. |
Employment Law |
|
Nov. 9, 2004 | |
|
B168774
|
Holguin v. Flores
Surviving member of unmarried cohabiting couple did not have standing in wrongful death action. |
Constitutional Law |
|
Nov. 9, 2004 | |
|
S126653
|
People v. Martinez
Sufficient evidence supports defendant's conviction for active participation in street gang. |
Criminal Law and Procedure |
|
Nov. 9, 2004 | |
|
S126183
|
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 |
|
Nov. 9, 2004 | |
|
S126065
|
People v. Shabazz
Order |
|
Nov. 9, 2004 | ||
|
S116659
|
People v. Burroughs
Order |
|
Nov. 9, 2004 | ||
|
S126806
|
People v. Williams
Remand for resentencing is appropriate where trial court should have stayed count under Penal Code Section 654, even though state did not cross-appeal sentence. |
Criminal Law and Procedure |
|
Nov. 9, 2004 | |
|
S126035
|
Dieckmeyer v. Redevelopment Agency of Huntington Beach
Order |
|
Nov. 9, 2004 | ||
|
F045698
|
Fresno County Dept. of Children and Family Services v. Superior Court (Lily G.)
Court properly rejected plan to remove Indian child from non-Indian foster parents. |
Family Law |
|
Nov. 9, 2004 | |
|
C044302
|
Wright v. State of California
Prisoner cannot maintain tort action against state because he failed to exhaust his administrative remedies. |
Prisoners Rights |
|
Nov. 9, 2004 | |
|
B166408
|
Morin v. Rosenthal
Deadline to file SLAPP motion was not tolled while other motion was pending. |
Civil Procedure |
|
Nov. 9, 2004 | |
|
B152959
|
Boeken v. Philip Morris Inc.
Defendant's reliance on tobacco company's misrepresentations regarding dangers of smoking was justifiable. |
Torts |
|
Nov. 9, 2004 | |
|
S127432
|
Garcia v. Superior Court (City of Santa Ana)
Order |
|
Nov. 9, 2004 | ||
|
S099667
|
Aguilar v. Lerner
Attorneys are found in contempt of court for failing to appear for oral argument and lying to court. |
Attorneys |
|
Nov. 9, 2004 | |
|
B170198
|
Navarro v. Perron
Aggrieved partner may elect to dissolve partnership when other partner wrongfully repudiates partnership agreement. |
Corporations |
|
Nov. 9, 2004 | |
|
B170730
|
Safeco Insurance Co. of America v. Parks
Homeowner's policy did not cover negligence committed by owner's girlfriend's daughter. |
Insurance |
|
Nov. 9, 2004 |