| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
02-30256
|
U.S. v. Barragan-Espinoza
Appellant's sentencing enhancements for rape and abduction were lawful under Federal Rule 11. |
Criminal Law and Procedure |
|
Mar. 17, 2004 | |
|
03-30102
|
In re Grand Jury Subpoena (Mark Torf/Torf Environmental Management)
Withheld documents are protected from disclosure by work product doctrine because they were prepared in anticipation of litigation. |
Attorneys |
|
Mar. 17, 2004 | |
|
02-15323
|
Brodit v. Cambra
Defendant convicted of sexually abusing minor failed to establish due process violations or ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Mar. 17, 2004 | |
|
02-10516
|
U.S. v. Haswood
Defendant's statements to FBI regarding sexual abuse allegations were not coerced. |
Criminal Law and Procedure |
|
Mar. 17, 2004 | |
|
02-35460
|
Gilbertson v. Albright
Court decides that doctrine of Younger abstention did not bar defendant's civil rights action. |
Constitutional Law |
|
Mar. 17, 2004 | |
|
03-15509
|
Nunes v. Mueller
Defendant met requirements of Strickland test which indicated he received ineffective assistance of counsel. |
Attorneys |
|
Mar. 17, 2004 | |
|
02-71311
|
Cheema v. INS
Denial of withholding of deportation cannot be sustained where there is no evidence that aliens are danger to security of United States. |
Immigration |
|
Mar. 17, 2004 | |
|
02-35432
|
Lierboe v. State Farm Mutual
Because sole named plaintiff has no cognizable claim, class is inadequately represented and class certification is vacated. |
Civil Procedure |
|
Mar. 17, 2004 | |
|
02-35399
|
Stegall v. Citadel Broadcasting Co.
Employee may pursue claim that she was fired from radio station for making comments about gender bias. |
Employment Law |
|
Mar. 17, 2004 | |
|
S103689
|
People v. Jones
Order |
|
Mar. 17, 2004 | ||
|
D040627
|
Padres LP v. Henderson
Attorney who filed series of lawsuits challenging development of baseball park may be liable for malicious prosecution. |
Attorneys |
|
Mar. 16, 2004 | |
|
S111323
|
Saint Agnes Medical Center v. PacifiCare of California
Party to contract didn't waive its contractual right to arbitration by filing lawsuit for purpose of repudiating contract. |
Civil Procedure |
|
Mar. 16, 2004 | |
|
S105798
|
Bonnell v. Medical Board of California
State medical board may grant stay of only 10 days once petition for reconsideration has been filed. |
Administrative Agencies |
|
Mar. 16, 2004 | |
|
S106428
|
People v. Black
Order |
|
Mar. 16, 2004 | ||
|
S120396
|
Avila v. Jado Properties
Order |
|
Mar. 16, 2004 | ||
|
S120585
|
People v. Cantu
Order |
|
Mar. 16, 2004 | ||
|
03-931
|
Florida v. Nixon
Order |
|
Mar. 16, 2004 | ||
|
S120557
|
People v. Murphy
Order |
|
Mar. 16, 2004 | ||
|
D042465
|
Miller v. Superior Court (People)
Defendant who forcibly resisted victim while carrying away property is guilty of robbery. |
Criminal Law and Procedure |
|
Mar. 16, 2004 | |
|
H024442
|
People v. Bautista
Use of military personnel to obtain evidence supporting search warrant is not violation of defendants' Fourth Amendment rights. |
Criminal Law and Procedure |
|
Mar. 16, 2004 | |
|
C041611
|
JRS Products Inc. v. Matsushita Electric Corp. of America
Breach of contract claim cannot be changed into tort liability by claim that breach interferes with promisee's business. |
Contracts |
|
Mar. 16, 2004 | |
|
G031651
|
Blitz v. Fluor Enterprises Inc.
Plaintiff's reliance creates triable issue of fact as to whether defendant should be estopped from relying upon parol evidence rule. |
Contracts |
|
Mar. 16, 2004 | |
|
B161356
|
People v. Partida
Though trial court erroneously allowed admission of gang evidence, doing so resulted only in harmless error. |
Criminal Law and Procedure |
|
Mar. 16, 2004 | |
|
A099228
|
Kotla v. Regents of the University of California
Admission of testimony of human resources expert in plaintiff's retaliation lawsuit was prejudicial error. |
Employment Law |
|
Mar. 16, 2004 | |
|
G030640
|
Kertesz v. Ostrovsky
Limitations period was tolled by respondent's petition for bankruptcy and automatic stay. |
Civil Procedure |
|
Mar. 16, 2004 | |
|
S113803
|
People v. Johnson
Appellate remand solely for correction of sentence in progress did not remove defendant from prison custody or restore him to presentence status. |
Criminal Law and Procedure |
|
Mar. 16, 2004 | |
|
D040112
|
Korea Water Resources Corp. v. Lee
Because foreign country's judgment is not conclusive, superior court properly discharged attachment against defendant. |
Civil Procedure |
|
Mar. 16, 2004 | |
|
A102151
|
The CIT Group/Equipment Financing Inc. v. Super DVD Inc.
Right to Attach order in favor of respondents is proper because computation of damages was ascertainable from contract. |
Civil Procedure |
|
Mar. 16, 2004 | |
|
S032146
|
People v. Danks
Defendant with more than one prior second degree murder conviction is subject to a prior murder special circumstance for each conviction. |
Criminal Law and Procedure |
|
Mar. 16, 2004 | |
|
02-35886
|
SEC v. Rubera
District court properly found that telephone investment program qualified as security that required registration. |
Securities |
|
Mar. 16, 2004 |
