| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
02-55516
|
Bramwell v. U.S. Bureau of Prisons
Prison officials who seized and accidentally destroyed inmate's property are not liable under Tort Claims Act. |
Government |
|
Jul. 2, 2004 | |
|
01-71356
|
Davis v. EPA
Amended opinion |
|
Jul. 2, 2004 | ||
|
02-30323
|
U.S. v. Vieke
U.S. government is barred from raising objections to sentencing for first time upon appeal. |
Criminal Law and Procedure |
|
Jul. 2, 2004 | |
|
01-56710
|
Resnick v. Adams
Amended opinion |
|
Jul. 2, 2004 | ||
|
02-55613
|
Nunes v. Ashcroft
Even if district court treated petitioner's motion to reconsider as request for leave to amend, request would have been denied as futile. |
Criminal Law and Procedure |
|
Jul. 2, 2004 | |
|
02-50282
|
U.S. v. Sutter
Amended opinion |
|
Jul. 2, 2004 | ||
|
02-57212
|
Aguilera-Ruiz v. Ashcroft
Permanent resident who briefly left country while appealing deportation order lost right to pursue appeal. |
Immigration |
|
Jul. 2, 2004 | |
|
02-16326
|
Doe v. Lebbos
Social worker is entitled to qualified immunity for mistakenly referring child for medical sexual abuse examination without court order or parental consent. |
Government |
|
Jul. 2, 2004 | |
|
02-30358
|
U.S. v. Perez-Lopez
Translated 'Miranda' warning was fatally flawed because it did not convey to defendant government's obligation to appoint attorney for indigents. |
Criminal Law and Procedure |
|
Jul. 2, 2004 | |
|
B161881
|
Medina v. Board of Retirement
|
|
Jul. 1, 2004 | ||
|
D041026
|
Estate of Stoddart
Petitioner's claim of entitlement to distribution of trust is rejected and probate court's order is not appealable. |
Probate and Trusts |
|
Jul. 1, 2004 | |
|
S102965
|
People v. Holmes
In accepting defendant's plea, trial court must garner information regarding factual basis either from defendant or counsel. |
Criminal Law and Procedure |
|
Jul. 1, 2004 | |
|
S103417
|
Martin v. Szeto
Code of Civil Procedure Section 1021.7 authorizes award of attorney fees in actions for libel and slander only in actions involving peace officers. |
Civil Procedure |
|
Jul. 1, 2004 | |
|
A101716
|
Regents of the University of California v. City and County of San Francisco
Public entity's action for refund of allegedly excessive water and sewer charges is time-barred. |
Civil Procedure |
|
Jul. 1, 2004 | |
|
B167361
|
People v. Johnson
Trial court's amplification to jury about reasonable doubt requires retrial. |
Criminal Law and Procedure |
|
Jul. 1, 2004 | |
|
B156765
|
Hydro-Mill Co. Inc. v. Hayward, Tilton & Rolapp Insurance Associates Inc.
Plaintiff's professional negligence suit against insurance broker is barred by statute of limitations. |
Civil Procedure |
|
Jul. 1, 2004 | |
|
H023549
|
City of Saratoga v. Hinz
In takings action, improvement project does not have to confer general benefit on community to be considered public necessity. |
Constitutional Law |
|
Jul. 1, 2004 | |
|
S109609
|
E.M.M.I. Inc. v. Zurich American Insurance Co.
Vehicle theft exclusion in 'jeweler's block' insurance policy doesn't apprise insured that coverage is lost by merely stepping out of car. |
Insurance |
|
Jul. 1, 2004 | |
|
E032414
|
Morgan v. City of Chino
City was not required to allow mobilehome park owner to increase rent after making capital improvements. |
Real Property |
|
Jul. 1, 2004 | |
|
A103055
|
McKesson HBOC Inc. v. Superior Court (State of Oregon)
Target of government investigation may not share privileged documents with government without waiving attorney-client privilege. |
Attorneys |
|
Jul. 1, 2004 | |
|
S107616
|
Huskinson & Brown v. Wolf
Despite invalid fee-sharing arrangement, law firm may recover in quantum meruit for reasonable value of legal services rendered on client's behalf. |
Attorneys |
|
Jul. 1, 2004 | |
|
A104727
|
Contra Costa County Children and Family Services Bureau v. Superior Court (Lynda O.)
|
|
Jul. 1, 2004 | ||
|
02-72723
|
Biehl v. Commissioner of Internal Revenue
Attorney fees paid in wrongful termination suit do not satisfy business connection requirement under tax laws. |
Taxation |
|
Jun. 30, 2004 | |
|
02-10285
|
State of Arizona v. Johnson
Court did not abuse its discretion in sexual assualt case when it answered question from jury during deliberations. |
Criminal Law and Procedure |
|
Jun. 30, 2004 | |
|
G028272
|
City of Anaheim v. Nolan
Police officer's inability to get along with colleagues does not incapacitate him to work elsewhere within state. |
Employment Law |
|
Jun. 30, 2004 | |
|
02-50415
|
U.S. v. Diaz-Cardenas
Defendant convicted of importing drugs was not entitled to benefit of new sentencing law. |
Criminal Law and Procedure |
|
Jun. 30, 2004 | |
|
02-56357
|
McCarthy v. Federal Deposit Insurance Corp.
Debtor challenging loan practices of bank that went into receivership must exhaust administrative remedies before filing lawsuit. |
Banking |
|
Jun. 30, 2004 | |
|
02-15580
|
Wagh v. Metris Direct Inc.
Dismissal of civil RICO action for failure to state claim was proper. |
Civil Procedure |
|
Jun. 30, 2004 | |
|
01-56958
|
Collins v. Rice
Court rejects state's argument that peremptory challenges were race neutral in drug possession case. |
Criminal Law and Procedure |
|
Jun. 30, 2004 | |
|
02-55721
|
Allen v. Pacific Bell
Because former disabled employee did not cooperate in job search process, employer did not fail to fulfill its duty to consider alternative job. |
Employment Law |
|
Jun. 30, 2004 |