| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B139450
|
Fisher v. Gibson
Civil defendant who could suffer criminal prosecution must present evidence justifying summary judgment opposition beyond the mere possibility of self-incrimination. |
Civil Procedure |
|
Aug. 23, 2001 | |
|
B138940
|
People v. Turner
Prosecutor's dismissal of jurors from city with substantial black population is 'mere surrogate or proxy' for group bias. |
Criminal Law and Procedure |
|
Aug. 23, 2001 | |
|
S087880
|
People v. Martin
Momentary or transitory handling of controlled substance for purpose of disposal is defense to possession charge. |
Criminal Law and Procedure |
|
Aug. 23, 2001 | |
|
A083451
|
Holmes v. California National Guard
Judgment must be clarified to prevent imposition of state nondiscrimination requirements on National Guard positions governed by federal 'Don't Ask, Don't Tell' policy. |
Constitutional Law |
|
Aug. 23, 2001 | |
|
C034440
|
People v. Pollard
Bail bondsman has no interest in client's property purchased with embezzled funds. |
Criminal Law and Procedure |
|
Aug. 23, 2001 | |
|
98-30149
|
State of Idaho v. Horiuchi
FBI agent isn't entitled to dismissal of state criminal proceedings based on immunity when use of deadly force may have been unreasonable. |
Criminal Law and Procedure |
|
Aug. 23, 2001 | |
|
98-15993
|
Ronconi v. Larkin
Court affirms dismissal of securities fraud case because allegations didn't meet heightened pleading requirements of Private Securities Litigation Reform Act. |
Securities |
|
Aug. 23, 2001 | |
|
99-56061
|
Block v. City of Los Angeles
Partial-week suspensions imposed against salaried-city employees for breaking rules unrelated to safety violated Fair Labor Standards Act. |
Employment Law |
|
Aug. 23, 2001 | |
|
99-10491
|
U.S. v. Sesma-Hernandez
When revoking probation, court must make sufficient findings on record to identify violation and evidence supporting it. |
Criminal Law and Procedure |
|
Aug. 23, 2001 | |
|
99-35555
|
Edlund v. Massanari
Judge wrongfully denied disability benefits to worker whose mental impairment was substantiated by uncontradicted psychological opinion. |
Administrative Agencies |
|
Aug. 23, 2001 | |
|
S098947
|
In re Marriage of Duffy
Order |
|
Aug. 23, 2001 | ||
|
G026979
|
In re Eileen A.
Parent who received inaffective assistance of counsel is entitled to petition for modification of order terminating parental rights. |
Family Law |
|
Aug. 22, 2001 | |
|
B142777
|
In re Ivey
Ability to pay is not element of criminal contempt where family court has already determined issue. |
Criminal Law and Procedure |
|
Aug. 22, 2001 | |
|
B138076
|
Pinedo v. Premium Tobacco, Inc.
Arbitration agreement unenforceable where used as one-sided mechanism to disadvantage employee rather than true alternative to litigation. |
Employment Law |
|
Aug. 22, 2001 | |
|
B131690
|
Kuehn v. Kuehn
Ex-wife's claims that ex-husband concealed community assets raises claim of extrinsic fraud, which is ground for equitable relief from dissolution judgment. |
Family Law |
|
Aug. 22, 2001 | |
|
A089985
|
Estate of Swetmann
Beneficiary did not cause will to be transcribed or exert undue influence where no evidence of active participation in making of will exists. |
Probate and Trusts |
|
Aug. 22, 2001 | |
|
B141831
|
Morgan v. City of Los Angeles Board of Pension Commissioners
City charter does not permit police officers' incentive pay to be included in calculation of pensions. |
Employment Law |
|
Aug. 22, 2001 | |
|
C030298
|
Kyle O. v. Donald R.
Court ordered visitation for grandparents unconstitutionally infringes rights of father. |
Family Law |
|
Aug. 22, 2001 | |
|
B142520
|
Nicholas Y., a Minor
Juvenile commits vandalism by defacing theater projection-booth window with Sharpie marker even though markings can be wiped off. |
Juveniles |
|
Aug. 22, 2001 | |
|
D036248
|
South Coast Newspapers v. Superior Court (Steven D.)
Prior restraints are invalid where no evidence that in-court identifications would be based on media reports rather than observations at crime scene |
Constitutional Law |
|
Aug. 22, 2001 | |
|
B139673
|
D'Sa v. Playhut Inc.
Public policy is violated despite severability and choice-of-law provisions in employment contract that contains illegal covenant not to compete. |
Employment Law |
|
Aug. 22, 2001 | |
|
B144047
|
Francisco S., a Minor
Juvenile may not be confined for contempt when underlying offense carries no confinement time. |
Juveniles |
|
Aug. 22, 2001 | |
|
B128298
|
Margolin v. Shemaria
Oral fee sharing agreement that does meet standards set by rules of professional conduct cannot be enforced. |
Attorneys |
|
Aug. 22, 2001 | |
|
C032956
|
People v. Walker
Court doesn't have authority to order convicted man to submit blood and saliva samples. |
Criminal Law and Procedure |
|
Aug. 22, 2001 | |
|
C031927
|
Sacramento County Deputy Sheriff's Association v. County of Sacramento
Measure requiring binding arbitration of employment disputes is compatible with measure requiring voter approval of limited types of arbitration results. |
Government |
|
Aug. 22, 2001 | |
|
A086336
|
In re Joseph F.
Police officer did not use excessive force in restraining juvenile on middle school grounds without permission. |
Criminal Law and Procedure |
|
Aug. 22, 2001 | |
|
B139748
|
Elan E., a minor
Grandparents not required to pay attorney fees for indigent child represented by appointed pro bono counsel in guardianship proceeding |
Family Law |
|
Aug. 22, 2001 | |
|
D034587
|
Schooler v. State of California
State has no obligation to prevent natural erosion of bluff adjacent to owner's property. |
Government |
|
Aug. 22, 2001 | |
|
S075300
|
People v. Nguyen
Jury instruction that victim of robbery need not own, possess, or be in control of property taken is not harmless error. |
Criminal Law and Procedure |
|
Aug. 22, 2001 | |
|
S080078
|
People v. Tindall
Trial court abused its discretion by allowing prosecution to add prior-conviction allegations before sentencing but after discharge of jury. |
Criminal Law and Procedure |
|
Aug. 22, 2001 |
