| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
G032293
|
D.E. v. Superior Court (Orange County Social Services Agency)
Time requirements for dispositional hearing take precedence over arguable statutory right of parent to be present at hearing. |
Juveniles |
|
Oct. 9, 2003 | |
|
02-15430
|
Grimes v. New Century Mortgage Corp.
Homeowner may sue mortgage company that allegedly misrepresented amount of monthly payment due. |
Contracts |
|
Oct. 9, 2003 | |
|
01-30200
|
U.S. v. Chase
Dangerous-patient exception does not apply to federal psychotherapist-patient privilege. |
Civil Procedure |
|
Oct. 9, 2003 | |
|
02-35863
|
Lounsbury v. Thompson
Because defendant's competency claim was logically contained within his state petition for review, his federal habeas appeal isn't procedurally barred. |
Criminal Law and Procedure |
|
Oct. 9, 2003 | |
|
02-10506
|
U.S. v. Leon-Paz
Defendant's due process rights were denied at his deportation hearing when Immigration Judge gave him erroneous information. |
Immigration |
|
Oct. 9, 2003 | |
|
01-17049
|
Lippett v. Raymond James Financial Services Inc.
Case is remanded to state court because plaintiff's claim is not pre-empted nor does it rely on federal law. |
Civil Procedure |
|
Oct. 9, 2003 | |
|
03-10067
|
U.S. v. Garcia
Defendants must show exceptional reasons justifying release on bail pending their appeals. |
Criminal Law and Procedure |
|
Oct. 9, 2003 | |
|
02-56339
|
Greene v. Sprint Communications Co.
There is no private right of action to recover damages for violation of FCC regulations promulgated under Section 276 of Telecommunications Act. |
Civil Procedure |
|
Oct. 9, 2003 | |
|
02-50282
|
U.S. v. Sutter
Pending discovery motion that is under advisement does not indefinitely suspend defendant's right to speedy trial. |
Criminal Law and Procedure |
|
Oct. 9, 2003 | |
|
02-15202
|
Young v. Coloma-Agaran
State lacked authority to ban commercial tour boats from operating in Hawaiian bay. |
Constitutional Law |
|
Oct. 9, 2003 | |
|
02-55368
|
Armentero v. INS
Proper respondents in alien's habeas petition, alleging unlawful indefinite detention, are Attorney General and Secretary of Dept. of Homeland Security. |
Immigration |
|
Oct. 9, 2003 | |
|
G029474
|
Jalali v. Root
|
|
Oct. 9, 2003 | ||
|
S106440
|
People v. Neal
Confessions made by defendant who initiated contact with police following evening of isolated confinement were involuntary. |
Criminal Law and Procedure |
|
Oct. 9, 2003 | |
|
S114470
|
Mitsubishi Materials v. Superior Court (Dillman)
Order |
|
Oct. 9, 2003 | ||
|
01-17049
|
Lippitt v. Raymond James Financial Services Inc.
Amended opinion |
|
Oct. 9, 2003 | ||
|
02-70421
|
Banaitis v. Commissioner of Internal Revenue
Attorney fees paid by plaintiff should not be included in plaintiff's gross income total. |
Taxation |
|
Oct. 9, 2003 | |
|
01-71902
|
Sierra Club v. EPA
EPA erred in concluding Imperial County would have achieved required air quality standards but for negative effects of transborder emissions from Mexico. |
Environmental Law |
|
Oct. 9, 2003 | |
|
01-35829
|
Center for Biological Diversity v. Badgley
Determination that listing the Northern Goshawk as threatened or endangered species is not warranted, is supported by evidence in record. |
Administrative Agencies |
|
Oct. 8, 2003 | |
|
02-55230
|
Circuit City Stores Inc. v. Mantor
Corporation's arbitration agreement is unconscionable under California contract law. |
Civil Procedure |
|
Oct. 8, 2003 | |
|
S117313
|
People v. Moss
Order |
|
Oct. 8, 2003 | ||
|
S106503
|
Jarrow Formulas Inc. v. LaMarche
Lawsuit for malicious prosecution is subject to strike under anti-SLAPP statute. |
Civil Procedure |
|
Oct. 8, 2003 | |
|
S032832
|
People v. Martinez
Defendant's murder conviction in Texas qualifies as prior murder for purposes of California's special circumstance provision. |
Criminal Law and Procedure |
|
Oct. 8, 2003 | |
|
S106256
|
Hassan v. Mercy American River Hospital
Entity that conveys information used to evaluate physician enjoys qualified privilege. |
Torts |
|
Oct. 8, 2003 | |
|
B157983
|
People v. Gilbeaux
Janitors, non-employees of grocery store, still had constructive possession of property for purposes of robbery convictions. |
Criminal Law and Procedure |
|
Oct. 8, 2003 | |
|
S107167
|
People v. Gonzalez
Trial court need not issue tentative decision in order for parties to be clearly apprised of sentence intended by court. |
Criminal Law and Procedure |
|
Oct. 8, 2003 | |
|
S110662
|
Southern California Edison Co. v. Peevey
State utilities commission was authorized to enter into settlement under federal law. |
Administrative Agencies |
|
Oct. 8, 2003 | |
|
S107266
|
People v. Williams
Act's definition of sexually violent predator encompasses requirement that offender has serious difficulty in controlling sexual behavior. |
Criminal Law and Procedure |
|
Oct. 8, 2003 | |
|
E031562
|
Green v. Par Pools Inc.
In sex discrimination action, employer provided sufficient evidence to justify differences in pay wages. |
Civil Rights |
|
Oct. 8, 2003 | |
|
S034110
|
People v. Crew
Conviction and death sentence for defendant who murdered wife are upheld. |
Criminal Law and Procedure |
|
Oct. 8, 2003 | |
|
S103343
|
People v. Reynoso
Trial court's conclusion that prosecutor's exercise of peremptory challenges was sincere and genuine is entitled to great deference. |
Criminal Law and Procedure |
|
Oct. 8, 2003 |