| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
12-1579
|
Heritage Pacific Financial LLC v. Montano (In re Montano)
Lender cannot pursue $89,990 note that borrower used to purchase home, even though borrower purportedly engaged in fraud in obtaining loan. |
Bankruptcy |
|
Nov. 5, 2013 | |
|
G047691
|
Poole v. Orange County Fire Authority
Firefighter must be given chance to respond to negative comments against him in fire chief’s daily logs, because logs were used to make personnel decisions. |
Employment Law |
|
Nov. 5, 2013 | |
|
G046799
|
Lueras v. BAC Home Loans Servicing LP
Bank of America has no duty to offer, consider or approve home loan modification for borrower who could not make monthly payments on loan. |
Real Property |
|
Nov. 4, 2013 | |
|
10-55985
|
Stewart v. Cate
Gang member who was convicted as the driver in a drive-by shooting may not seek federal habeas corpus relief because he waited too long to file petition. |
Criminal Law and Procedure |
|
Nov. 4, 2013 | |
|
10-35777
|
Armstrong v. Asselin
Police officers are shielded from suit after charges were dropped against suspect, who officers searched, believing he gave indecent material to teens. |
Civil Rights |
|
Nov. 4, 2013 | |
|
E055034
|
People v. Nunez
Defendant who served more days in custody than he should have does not get credit to reduce term of mandatory supervised probation. |
Criminal Law and Procedure |
|
Nov. 1, 2013 | |
|
10-504
|
Opinion of Harris
District Attorney may criminally prosecute buyers and sellers to punish them for illegally transferring firearms in unlicensed firearm transactions. |
Criminal Law and Procedure |
|
Nov. 1, 2013 | |
|
S199830
|
People v. Harrison
Failure to adhere to proper evaluation and certification procedures does not automatically mean prisoner cannot be certified as Mentally Disordered Offender. |
Criminal Law and Procedure |
|
Nov. 1, 2013 | |
|
S213545
|
Coffey v. Shiomoto
Order |
|
Nov. 1, 2013 | ||
|
S212800
|
Orange Citizens for Parks and Recreation v. S.C. (Milan Rei IV)
Order |
Real Property |
|
Nov. 1, 2013 | |
|
S197838
|
Gonzalez (Sergio) on H.C.
Order |
|
Nov. 1, 2013 | ||
|
12-10404
|
U.S. v. Tercero
Following enactment of Fair Sentencing Act, district court properly refuses to further reduce crack cocaine offender’s sentence below 70 months. |
Criminal Law and Procedure |
|
Nov. 1, 2013 | |
|
F064265
|
Marriage of Burwell
Ex-wife must hold off on spending term life insurance proceeds because issues remain as to whether policy is community asset, husband’s separate property, or both. |
Family Law |
|
Nov. 1, 2013 | |
|
A137439
|
Felicity S., a Minor
Preteen's appellate attorney is admonished for filing brief that urged placement with mother, which directly contrasted with trial attorney's position. |
Juveniles |
|
Nov. 1, 2013 | |
|
G047805
|
Christina C. v. County of Orange
Social services agency is not liable for decision to remove child from mother's care, which she claimed was made out of arrogance and to punish her. |
Family Law |
|
Oct. 31, 2013 | |
|
12-15804
|
Crowley v. Bannister
Prisoner fails to hold prison medical director liable for Lithium overdose by pointing to daily two pill call policy, which enlarged his doses. |
Prisoners Rights |
|
Oct. 31, 2013 | |
|
11-56420
|
Amado v. Gonzalez
Prosecution's failure to reveal key witness' criminal background and gang affiliation results in reversal of 1998 conviction for aiding and abetting murder on public bus. |
Criminal Law and Procedure |
|
Oct. 31, 2013 | |
|
12-10208
|
U.S. v. Kyle
District judge’s remarks during plea agreement discussions upend guilty plea in child sexual abuse case by influencing decision to enter plea. |
Criminal Law and Procedure |
|
Oct. 31, 2013 | |
|
B242080
|
Water Replenishment District of Southern California v. City of Cerritos
City must pay water replenishment district’s fees for drawing groundwater, even if another court's interim order found those fees were invalid. |
Government |
|
Oct. 31, 2013 | |
|
D060001
|
Community Youth Athletic Center v. City of National City
Community youth center averts city’s blight designation of its property, but may not stop city from possibly attempting to take its land in the future. |
Real Property |
|
Oct. 31, 2013 | |
|
C073008
|
Dietrick v. Superior Court (People)
‘Two-dismissal’ rule does not apply when prosecutor voluntarily dismissed case after forgetting to present evidence of prior convictions, then filed charges again. |
Criminal Law and Procedure |
|
Oct. 31, 2013 | |
|
B235347
|
Steiner v. Superior Court (Volkswagen Group of America)
Trial court’s gag order requiring attorney to take down website pages, which described her successes in similar trials, infringes free speech rights. |
Constitutional Law |
|
Oct. 31, 2013 | |
|
A136288
|
A.M., a Minor
GPS devices may be used to track minors, who are truant wards on probation, to assist courts in monitoring compliance with curfew. |
Juveniles |
|
Oct. 31, 2013 | |
|
B248603
|
State Dept. of State Hospitals v. Superior Court (Novoa)
State hospitals are not responsible for death of teenage girl who was raped and killed by prisoner released on parole without a full evaluation. |
Torts |
|
Oct. 31, 2013 | |
|
D062150
|
Wise v. DLA Piper LLP (US)
DLA Piper prevails in malpractice action by former clients because they alleged firm failed to pursue judgment against a broke defendant. |
Attorneys |
|
Oct. 30, 2013 | |
|
D062406
|
San Diego Assemblers Inc. v. Work Comp for Less Insurance Services Inc.
Insurance broker dodges insurer’s lawsuit, which was filed on behalf of broker’s client, because broker only provided a policy and did not cause damage. |
Insurance |
|
Oct. 30, 2013 | |
|
12-1567
|
Gasprom Inc. v. Fateh (In re Gasprom Inc.)
Creditor may not foreclose on gas station when bankruptcy court’s abandonment order failed to terminate automatic stay protection for gas station. |
Bankruptcy |
|
Oct. 30, 2013 | |
|
F064261
|
People v. Montrose
State prisoner will not be placed in county jail based on Realignment Legislation when sentence was imposed, but suspended, before Oct. 1, 2011. |
Criminal Law and Procedure |
|
Oct. 30, 2013 | |
|
D062405
|
Angelica Textile Services Inc. v. Park
Laundry service may continue to sue its former employee’s competing business, after jury threw out claim alleging he stole trade secrets. |
Intellectual Property |
|
Oct. 30, 2013 | |
|
10-55637
|
Lujan v. Garcia
First-degree murder convictions are set aside where man confessed to killing his estranged wife and another man without clear explanation of right to attorney. |
Criminal Law and Procedure |
|
Oct. 30, 2013 |