| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
00-50371
|
U.S. v. Pinela-Hernandez
Police had probable cause to search automobile without warrant, and there was no sentencing error. |
Criminal Law and Procedure |
|
Nov. 18, 2001 | |
|
99-71278
|
Rivera v. Railroad Retirement Board
Court doesn't have jurisdiction to review Railroad Retirement Board's dismissal of claim for benefits because dismissal wasn't final decision of the board. |
Civil Procedure |
|
Nov. 18, 2001 | |
|
99-17541
|
Shackleford v. United States
Non-assignability of lottery winnings justified court's departure from annuity tables that produced unreasonable and unrealistic estate tax liability. |
Taxation |
|
Nov. 18, 2001 | |
|
00-35660
|
Ahmed v. State
Federal court lacked jurisdiction to hear First Amendment claim after it was considered and rejected by state appeals board. |
Civil Procedure |
|
Nov. 18, 2001 | |
|
00-15432
|
Bunney v. Mitchell
Because statute of limitations was tolled for 134 days, filing of habeas petition 133 days after statute would ordinarily run was timely. |
Criminal Law and Procedure |
|
Nov. 18, 2001 | |
|
99-30219
|
U.S. v. Rodriguez
Judge may not impose sentence that exceeds statutory maximum for crime defendant was convicted of by jury. |
Criminal Law and Procedure |
|
Nov. 18, 2001 | |
|
B138624
|
Cuenllas v. VRL International Ltd.
Minute order without title 'notice of entry' does not trigger 60-day time period for filing notice of appeal. |
Civil Procedure |
|
Nov. 18, 2001 | |
|
G028277
|
Michael P. v. Superior Court (Orange County Sheriff's Dept.)
Juvenile court should have conducted in camera review before denying murder suspect's request to review forensic evidence. |
Criminal Law and Procedure |
|
Nov. 18, 2001 | |
|
B148732
|
American Humane Assn. v. Los Angeles Times Communications
Defendant is not required to submit proof of attorney fees at same time it files motion to strike. |
Civil Procedure |
|
Nov. 18, 2001 | |
|
B146018
|
Vincent S., a Minor
Despite procedural error, order terminating mother's rights was harmless since father's rights were terminated in later order. |
Family Law |
|
Nov. 18, 2001 | |
|
C034619
|
Simmons v. Allstate Insurance Co.
Cross-complaint filed by health care providers accused of insurance fraud violated anti-SLAPP law. |
Civil Procedure |
|
Nov. 18, 2001 | |
|
B147481
|
Consumer Cause Inc. v. Weider Nutrition Int'l Inc.
|
|
Nov. 18, 2001 | ||
|
G027787
|
Save Mile Square Park Committee v. County of Orange
County's decision to replace 'core area' of park with golf course doesn't violate statute prohibiting acquiring park for non-park purposes. |
Real Property |
|
Nov. 18, 2001 | |
|
B151210
|
Reed v. Superior Court (Case Financial Inc.)
|
|
Nov. 18, 2001 | ||
|
G025177
|
Katelaris v. County of Orange
Employee declarations about timely mailing of claim rejection satisfies judgment barring suit on statute of limitations grounds. |
Civil Procedure |
|
Nov. 18, 2001 | |
|
B148833
|
Estate of Gilliland
Appeals court can accept stipulated reversal under Code of Civil Procedure so long as it makes the findings listed in statute. |
Civil Procedure |
|
Nov. 18, 2001 | |
|
B144822
|
Santos Y., a Minor
Child should not be removed from de facto parents to reservation when he never lived with Native American family. |
Native American Affairs |
|
Nov. 18, 2001 | |
|
E027539
|
People v. Villegas
Ample evidence exists to support gang member's attempted murder conviction and enhanced sentence. |
Criminal Law and Procedure |
|
Nov. 18, 2001 | |
|
A091762
|
Cody F. v. Falletti
Owner of easement on private road is not liable for injuries inflicted by neighbor's dog on road. |
Torts |
|
Nov. 18, 2001 | |
|
B143539
|
Committee to Save the Beverly Highlands Homes Assn. v. Beverly Highlands Homes Assn.
Homeowners association with no common area is not common interest development under Davis-Stirling Act. |
Real Property |
|
Nov. 18, 2001 | |
|
E029765
|
Thunderburk v. United Food & Commercial Workers' Union, Local 324
Wrongful discharge claim pre-empted since union secretary is considered 'confidential employee' under Labor-Management Reporting and Disclosure Act. |
Labor Law |
|
Nov. 18, 2001 | |
|
00-758
|
U.S. Postal Service v. Gregory
Merit Systems Protection Board may independently review pending discipline against employee to determine if current discipline is reasonable. |
Employment Law |
|
Nov. 18, 2001 | |
|
00-1045
|
TRW Inc. v. Andrews
Two-year statute of limitations under Fair Credit Reporting Act begins to run when liability arises, unless willful misrepresentation is involved. |
Business Law |
|
Nov. 18, 2001 | |
|
24495-1
|
State v. Harvey
Exceptional sentence for offenses involving firearms exceeds statutory maximum. |
Criminal Law and Procedure |
|
Nov. 18, 2001 | |
|
00-1543
|
FESTO Corp. v. Shoketsu Kinzoku Kogyo Co.
Order |
|
Nov. 16, 2001 | ||
|
00-6029
|
Ragsdale v. Wolverine Worldwide, Inc.
Order |
|
Nov. 16, 2001 | ||
|
00-1614
|
Nat'l. RR Passenger Corp. v. Morgan
Order |
|
Nov. 16, 2001 | ||
|
00-2480
|
Rockefeller v. Abraham
Order |
|
Nov. 16, 2001 | ||
|
00-7138
|
US v. Williams
Order |
|
Nov. 16, 2001 | ||
|
00-2107
|
Shively v. Santa Fe Preparatory School Inc.
Order |
|
Nov. 16, 2001 |
