Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
01-17461
|
DiRuzza v. County of Tehama
California trial court's holding has collateral estoppel effect in federal court despite state appellate court's decision to affirm on different grounds. |
Civil Procedure |
|
Apr. 1, 2003 | |
01-56689
|
A-Z International v. Phillips
Filing false claim for benefits under Longshore and Harbor Workers' Compensation Act is not disobedience of lawful process warranting contempt citation. |
Maritime Law |
|
Apr. 1, 2003 | |
01-55933
|
Synergy Staffing Inc. v. IRS
Taxpayer gave adequate notice that it was seeking abatement of late-payment penalty. |
Taxation |
|
Apr. 1, 2003 | |
01-1269
|
City of Cuyahoga Falls v. Buckeye Community Hope Foundation
Claim against city for injury from referendum petitioning process is not supported by proof of racially discriminatory intent. |
Constitutional Law |
|
Apr. 1, 2003 | |
02-50069
|
U.S. v. Garcia
Sentencing court is not required to provide notice before departing upward from Chapter 7 recommended sentencing range. |
Criminal Law and Procedure |
|
Apr. 1, 2003 | |
02-15291
|
Ortiz-Sandoval v. Clarke
Denial of ineffective assistance of counsel claim was not contrary to or unreasonable application of clearly established federal law. |
Criminal Law and Procedure |
|
Apr. 1, 2003 | |
01-1862
|
Woodford v. Garceau
For purposes of AEDPA, action is not considered 'pending' until application for habeas relief is filed in federal court. |
Criminal Law and Procedure |
|
Apr. 1, 2003 | |
01-1325
|
Brown v. Legal Foundation of Washington
Requiring client funds that could not generate net earnings for client be deposited in IOLTA account is not regulatory taking. |
Attorneys |
|
Apr. 1, 2003 | |
99-55824
|
Smith v. Ratelle
Equitable tolling is available to pro se litigant where court erroneously dismissed timely filed petition. |
Criminal Law and Procedure |
|
Apr. 1, 2003 | |
01-56496
|
Martinez v. Stanford
Court cannot grant summary judgment motion as penalty for failure to file opposition. |
Civil Procedure |
|
Apr. 1, 2003 | |
01-10616
|
U.S. v. Chavaria-Angel
District court may rely on uncertified court records to establish nature of defendant's prior offenses. |
Criminal Law and Procedure |
|
Apr. 1, 2003 | |
01-4986
|
JumpSport Inc. v. Jumpking Inc.
Document that is not prepared or obtained for litigation is not protected under work product doctrine. |
Civil Procedure |
|
Apr. 1, 2003 | |
01-729
|
Otte v. Doe
Order |
|
Apr. 1, 2003 | ||
F038893
|
People v. Linares
Defendant who attempted to murder victim with car is not entitled to have driver's license revoked. |
Administrative Agencies |
|
Apr. 1, 2003 | |
B153258
|
Moser v. Ratinoff
Injuries caused by co-participant in organized bike ride are not recoverable because the collision was inherent risk of activity. |
Torts |
|
Apr. 1, 2003 | |
A097650
|
People v. Goldberg
Defendant convicted of driving under influence of controlled substance is ineligible for drug treatment under Proposition 36. |
Criminal Law and Procedure |
|
Apr. 1, 2003 | |
A099175
|
People v. Hayes
Recklessly setting fire does not qualify as crime of force or violence under mentally disordered offender statutes. |
Criminal Law and Procedure |
|
Apr. 1, 2003 | |
G028817
|
Sindler v. Brennan
Court's dismissal of medical malpractice lawsuit while bankruptcy stay was in effect was void. |
Bankruptcy |
|
Apr. 1, 2003 | |
A097623
|
Collins v. Overnite Transportation Co.
|
|
Apr. 1, 2003 | ||
B153798
|
Jensen v. Amgen Inc.
Claim for fraudulent concealment may not be sustained where plaintiff was aware of her injuries before employer. |
Workers' Compensation |
|
Apr. 1, 2003 | |
C040635
|
People v. Davis
|
|
Apr. 1, 2003 | ||
D039615
|
Save our NTC Inc. v. City of San Diego
|
|
Apr. 1, 2003 | ||
S108717
|
People v. Sizemore
Order |
|
Mar. 31, 2003 | ||
S110272
|
People v. Whitehurst
Order |
|
Mar. 31, 2003 | ||
02-1
|
Phillips v.WA Legal Found.
Order |
|
Mar. 31, 2003 | ||
C032534
|
Sanctity of Human Life Network v. California Highway Patrol
Highway patrol may prevent protesters from displaying signs on overpasses that cause freeway congestion. |
Constitutional Law |
|
Mar. 31, 2003 | |
F038462
|
Pratt v. Vencor Inc.
Court must rule on judgment notwithstanding verdict within 60-days of mailing or service of written notice of entry of judgment. |
Civil Procedure |
|
Mar. 31, 2003 | |
C040855
|
Marriage of Abrams
Father had burden of proving relocation would be detrimental to children and justified change in custody. |
Family Law |
|
Mar. 31, 2003 | |
B155839
|
Pederson v. Superior Court (People)
Penal Code Section 1367.1 deprives misdemeanor defendants, suspected of being incompetent to stand trial, of equal protection and is unconstitutional. |
Criminal Law and Procedure |
|
Mar. 31, 2003 | |
A097940
|
Jackson v. Gourley
DMV may not reject certificates of completion from students who take driver education correspondence course from private high school. |
Administrative Agencies |
|
Mar. 31, 2003 |