| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
G032020
|
Ehrenclou v. MacDonald
Adults adopted under Colorado's adult adoption statute do not qualify as 'issue' of person adopting them for inheritance purposes. |
Family Law |
|
Aug. 9, 2004 | |
|
02-73599
|
Azanor v. Ashcroft
Nigerian citizen claiming female genital mutilation may be entitled to protection under Convention Against Torture. |
Immigration |
|
Aug. 9, 2004 | |
|
01-16947
|
Johnson v. U.S.
District court correctly held that petitioner's second petition under 28 U.S.C. Section 2255 should not be dismissed and properly ruled on its merits. |
Criminal Law and Procedure |
|
Aug. 9, 2004 | |
|
D043340
|
Teal v. Superior Court (People)
Trial court abused discretion by ordering defense counsel to provide subpoenaed materials to prosecution. |
Civil Procedure |
|
Aug. 9, 2004 | |
|
D041925
|
Shuer v. County of San Diego
County is estopped from asserting failure by plaintiff to exhaust administrative remedies because of misleading and erroneous information it provided concerning such remedies. |
Civil Procedure |
|
Aug. 9, 2004 | |
|
03-8661
|
Smith v. Massachusetts
Order |
|
Aug. 9, 2004 | ||
|
03-9168
|
Shepard v. United States
Order |
|
Aug. 9, 2004 | ||
|
03-9560
|
Howell v. Mississippi
Order |
|
Aug. 9, 2004 | ||
|
B170305
|
Saeta v. Superior Court (Dent)
Statements made during hearing conducted by employment termination review panel are not privileged. |
Civil Procedure |
|
Aug. 8, 2004 | |
|
B158824
|
Superior Gunite v. Mitzel
Court's decision based on plaintiff's contract claim against defendant was incorrect for want of privity between parties. |
Contracts |
|
Aug. 8, 2004 | |
|
B142840
|
Salazar v. Diversified Paratransit Inc.
Employer may be liable under Fair Employment and Housing Act for sexual harassment committed by clients. |
Employment Law |
|
Aug. 8, 2004 | |
|
02-15113
|
Gadda v. Ashcroft
Reciprocal discipline imposed on attorney by federal courts based on California State Bar Court suspension order is valid. |
Attorneys |
|
Aug. 8, 2004 | |
|
B169276
|
Bearman v. Superior Court (Joseph)
Medical board lacked good cause to order doctor to produce records of patient prescribed medicinal marijuana. |
Civil Procedure |
|
Aug. 8, 2004 | |
|
03-1096
|
Duplessis v. Valenti (In re Valenti)
Creditor alleging fraud by debtor must raise issue within 180 days of confirmation of bankruptcy plan. |
Bankruptcy |
|
Aug. 8, 2004 | |
|
03-1407
|
Rousey v. Jacoway
Order |
|
Aug. 8, 2004 | ||
|
03-9659
|
Miller-El v. Dretke, Dir., TX DCJ
Order |
|
Aug. 8, 2004 | ||
|
F039071
|
People v. Montoya
Vehicle theft is not lesser included offense of carjacking because theft requires asportation of vehicle while carjacking does not. |
Criminal Law and Procedure |
|
Aug. 6, 2004 | |
|
B157490
|
Felgenhauer v. Soni
Person can claim prescriptive easement without believing he is legally entitled to use easement. |
Real Property |
|
Aug. 6, 2004 | |
|
B152731
|
People v. Griffin
Holding victim's arms to the ground by her shoulders while defendant inserted his penis into her vagina did not constitute forcible rape. |
Criminal Law and Procedure |
|
Aug. 6, 2004 | |
|
F029400
|
Jonathan Neil & Associates Inc. v. Jones
Billing mistake by insurer does not create tort action for breach of duty of good faith and fair dealing. |
Insurance |
|
Aug. 5, 2004 | |
|
A099987
|
People v. Gonzalez
Conviction of defendant for use and possession of false compartment to hide drugs was based on substantial evidence. |
Criminal Law and Procedure |
|
Aug. 5, 2004 | |
|
D041404
|
Swift v. Dept. of Corrections
Department of Corrections is immune from plaintiff's action for its decisions regarding revocation of parole. |
Government |
|
Aug. 5, 2004 | |
|
B150342
|
People v. Hernandez
Reversal is not required where trial court should have bifurcated trial of gang enhancement from trial of underlying offenses. |
Criminal Law and Procedure |
|
Aug. 5, 2004 | |
|
02-36155
|
Eyak Native Village v. Daley
Order |
|
Aug. 5, 2004 | ||
|
G031026
|
People v. Gomez
Defendant's suppression motion was properly denied despite unduly prolonged detention because probable cause existed to support de facto arrest. |
Criminal Law and Procedure |
|
Aug. 5, 2004 | |
|
F043304
|
Luis C., a Minor
Trial court was required to instruct jury that ward had right not to testify and no inference could be drawn from not testifying. |
Juveniles |
|
Aug. 4, 2004 | |
|
B162954
|
Arluk Medical Center Industrial Group, Inc. v. Dobler
Trustee has no duty to preserve trust assets for benefit of creditors who have claims pending against estate. |
Probate and Trusts |
|
Aug. 4, 2004 | |
|
H025987
|
People v. Orabuena
|
|
Aug. 4, 2004 | ||
|
B160209
|
People v. Seijas
|
|
Aug. 4, 2004 | ||
|
C037254
|
Bronco Wine Co. v. Espinoza
State law regulating use of brand names on labels on wine bottles is void. |
Civil Procedure |
|
Aug. 4, 2004 |