| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
03-35104
|
Public Utility District No.1 of Snohomish County, Washington v. Federal Emergency Management Agency
Federal Emergency Management Agency may recover portion of disaster relief grant after post-award audit. |
Administrative Agencies |
|
Aug. 23, 2004 | |
|
03-15388
|
Endo Steel Inc. v. Janas (In re JWJ Contracting Co. Inc.)
Because transaction between debtor and creditor was not contemporaneous, trustee was eligible to file preference action. |
Bankruptcy |
|
Aug. 23, 2004 | |
|
02-36065
|
Frontier Bank v. Brown (In re Northern Merchandise Inc.)
Creditor provided reasonably equivalent value for bankruptcy debtor's security interest. |
Bankruptcy |
|
Aug. 23, 2004 | |
|
01-99008
|
Leavitt v. Arave
Defendant sentenced to death is entitled to resentencing based on claim of ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Aug. 23, 2004 | |
|
02-74068
|
Garcia-Martinez v. Ashcroft
Immigration judge's denial of asylum for lack of persecution was not supported by substantial evidence. |
Immigration |
|
Aug. 23, 2004 | |
|
02-55924
|
Paulino v. Castro
Pattern of strikes against black jurors raises plausible inference of discrimination and requires prosecutor to show race-neutral reasons. |
Criminal Law and Procedure |
|
Aug. 23, 2004 | |
|
03-50067
|
U.S. v. Cunag
Defendant had no legitimate expectation of privacy in hotel room that he obtained through credit card fraud. |
Criminal Law and Procedure |
|
Aug. 23, 2004 | |
|
99-30135
|
U.S. v. Jimenez-Recio
Erroneous instruction prevents jury from considering evidence of defendants' post-seizure involvement in conspiracy. |
Criminal Law and Procedure |
|
Aug. 23, 2004 | |
|
02-16221
|
Port of Stockton v. Western Bulk Carrier KS
Prevailing party that failed to seek attorney fees in action cannot seek them through subsequent action. |
Civil Procedure |
|
Aug. 23, 2004 | |
|
02-73474
|
Silva-Calderon v. Ashcroft
Order |
|
Aug. 23, 2004 | ||
|
02-56487
|
Congregation Etz Chaim v. City of Los Angeles
City is estopped from denying congregation's building permit is valid when it was previously approved. |
Real Property |
|
Aug. 23, 2004 | |
|
02-15762
|
Rui One Corp. v. City of Berkeley
Living wage ordinance does not violate Contract Clause when applied to business with existing lease from city with no express wage component. |
Constitutional Law |
|
Aug. 23, 2004 | |
|
F043088
|
People v. Rivas
Court retains discretion to strike additional punishments when defendant is sentenced outside of one-strike law. |
Criminal Law and Procedure |
|
Aug. 23, 2004 | |
|
G032636
|
Spanner v. Rancho Santiago Community College District
School board did not abuse its discretion by imposing permanent demotion on employee without evidentiary hearing. |
Constitutional Law |
|
Aug. 23, 2004 | |
|
F043531
|
Farris v. Fireman's Fund Insurance Co.
Substantial relationship between attorney's prior coverage work for insurer and current representation of insured in bad-faith claim warrants disqualification. |
Attorneys |
|
Aug. 23, 2004 | |
|
02-17375
|
Tucson Woman's Clinic v. Eden
Physicians that provide abortions may challenge state licensing and regulatory scheme. |
Constitutional Law |
|
Aug. 23, 2004 | |
|
C044046
|
Sinatra v. Chico Unified School District
Program allowing educators to work part time rather than retire does not constitute fundamental and substantial public policy. |
Employment Law |
|
Aug. 23, 2004 | |
|
A102840
|
Lewis v. Chevron USA Inc.
Prior owner of property is not liable for injuries caused by defective condition after relinquishing ownership and control of property. |
Torts |
|
Aug. 23, 2004 | |
|
G032967
|
Hope International University v. Superior Court (Rouanzoin)
Christian university is not entitled to summary judgment on basis of 'ministerial exception' after termination of employees. |
Employment Law |
|
Aug. 23, 2004 | |
|
S105058
|
People v. Cavitt
Non-killer is liable under felony murder rule when his acts are causally and temporally related to act resulting in death. |
Criminal Law and Procedure |
|
Aug. 23, 2004 | |
|
B166718
|
People v. Overby
Consent to Batson-Wheeler remedy of reseating juror is implied from request that juror remain in courtroom and submission to remedy without argument. |
Criminal Law and Procedure |
|
Aug. 23, 2004 | |
|
H025395
|
People v. Pirwani
Statements made by dependent adult to police prior to her death should not have been admitted at trial. |
Criminal Law and Procedure |
|
Aug. 23, 2004 | |
|
G032543
|
BFGC Architects Planners Inc. v. Forcum/Mackey Construction Inc.
Architect's claim for equitable indemnity against building contractor requires predicate tort. |
Torts |
|
Aug. 23, 2004 | |
|
D042813
|
Palacin v. Allstate Insurance Co.
Court properly sustained insurance company's demurrer in homeowner insurance coverage case. |
Insurance |
|
Aug. 23, 2004 | |
|
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 |
|
Aug. 23, 2004 | |
|
G029261
|
City of Anaheim v. Pacific Bell Telephone Co.
Trial court lacked jurisdiction to hear city's lawsuit against telephone company. |
Civil Procedure |
|
Aug. 23, 2004 | |
|
F042927
|
People v. Manuel
Defendant on trial for mayhem did not deserve jury instruction on lesser-included offense of battery with serious bodily injury. |
Criminal Law and Procedure |
|
Aug. 23, 2004 | |
|
A103320
|
In re Scott
No evidence supports board's finding that prisoner is unsuitable for parole. |
Criminal Law and Procedure |
|
Aug. 23, 2004 | |
|
C043114
|
People v. Singh
Jury must find that defendant had knowledge of weapon to convict of possession of methamphetamine while armed with firearm. |
Criminal Law and Procedure |
|
Aug. 23, 2004 | |
|
G032234
|
Sappington v. Orange Unified School District
Retired employees of school district do not have vested right to PPO coverage. |
Insurance |
|
Aug. 23, 2004 |