| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
11-16234
|
Corvello v. Wells Fargo Bank NA
Banks must offer permanent home loan modifications to borrowers, or timely notify them that they do not qualify, if they comply with requirements of their trial period plans. |
Real Property |
|
Aug. 9, 2013 | |
|
12-70221
|
Fort Belknap Housing Dept. v. Office of Public and Indian Housing
Court may not review Dept. of Housing and Urban Development’s decision to withhold overpayment to Indian Tribe's housing entity under rent-subsidy program. |
Native American Affairs |
|
Aug. 9, 2013 | |
|
E055022
|
People v. Guillen
Probationer who successfully completed court-ordered drug treatment program no longer has to pay remaining unpaid restitution fine. |
Criminal Law and Procedure |
|
Aug. 9, 2013 | |
|
B240837
|
People v. Johnson
Three-month lapse between arrest and probation revocation hearing does not violate probationer’s right to receive timely hearing. |
Criminal Law and Procedure |
|
Aug. 9, 2013 | |
|
G044628
|
People v. Petronella
Business owner who underreported payroll for several years to receive lower insurance premiums is convicted of violating Insurance Code. |
Criminal Law and Procedure |
|
Aug. 9, 2013 | |
|
F065494
|
Honchariw v. County of Stanislaus
Developer prevails in suit against county to subdivide parcel into residential lots, but does not win attorney fees because project was not for low-income housing. |
Real Property |
|
Aug. 9, 2013 | |
|
C067304
|
Civic Partners Stockton LLC v. Youssefi
Copyright law does not preempt renovator’s claim against redevelopment company for use of its architectural plans in application for tax credit. |
Torts |
|
Aug. 9, 2013 | |
|
11-10460
|
U.S. v. Lee
District court may not manipulate calculations to create desired sentence for woman who assisted government in prosecuting drug network she was involved in. |
Criminal Law and Procedure |
|
Aug. 8, 2013 | |
|
11-10520
|
U.S. v. Livingston
Former manager of Indian resort is properly convicted for using resort credit card to make personal purchases, regardless of establishment’s location. |
Native American Affairs |
|
Aug. 8, 2013 | |
|
11-15475
|
Lemire v. California Dept. of Corrections and Rehabilitation
Prison officials at California State Prison-Solano may be liable for inmate's suicide by convening staff meeting that left inmates unsupervised for more than three hours. |
Prisoners Rights |
|
Aug. 8, 2013 | |
|
11-17041
|
Ching v. Mayorkas
Citizen and alien spouse are denied due process because they were not allowed to cross-examine spouse's first husband, who claimed marriage was a sham. |
Immigration |
|
Aug. 8, 2013 | |
|
11-56573
|
Seltzer v. Green Day Inc.
Green Day's use of street art drawing in video backdrop for one song in its stage show is a 'fair use' under copyright law. |
Intellectual Property |
|
Aug. 8, 2013 | |
|
11-56846
|
Moore v. Biter
Juvenile successfully challenges 254-year sentence for nonhomicide crimes, which effectively denied him parole, due to U.S. Supreme Court decision. |
Juveniles |
|
Aug. 8, 2013 | |
|
B220286
|
Ellis v. Toshiba America Information Systems Inc.
Attorney who requested exorbitant fees after settling class action and refused to cooperate with court-ordered discovery must pay monetary sanctions. |
Civil Procedure |
|
Aug. 8, 2013 | |
|
E055176
|
Mission Springs Water District v. Verjil (Brophy)
Water district may sue proponents of initiatives, which would undo district's water and sewer rate increases, in order to keep initiatives off ballot. |
Government |
|
Aug. 8, 2013 | |
|
B240866
|
Albanese v. Menounos
Television personality fails to dismiss celebrity stylist’s defamation action based on statements accusing stylist of stealing in front of their peers. |
Torts |
|
Aug. 8, 2013 | |
|
08-99011
|
Sully v. Ayers
Ex-police officer who brutally murdered six people may not be granted relief from death sentence because ineffective assistance claims would not have changed his sentence. |
Criminal Law and Procedure |
|
Aug. 7, 2013 | |
|
10-16696
|
Perry v. Brown
Order |
|
Aug. 7, 2013 | ||
|
11-50213
|
U.S. v. Underwood
Suspected member of ecstasy drug trafficking organization successfully challenges search of his house because affidavit did not provide basis for probable cause. |
Criminal Law and Procedure |
|
Aug. 7, 2013 | |
|
11-56259
|
K.M. v. Tustin Unified School District
School districts may be required to provide word-for-word transcription services for students with hearing disabilities under Americans with Disabilities Act. |
Education |
|
Aug. 7, 2013 | |
|
11-56476
|
Shoemaker v. Taylor
Website owner may be convicted of possessing child pornography based on innocuous images of children, digitally altered to look like child pornography. |
Criminal Law and Procedure |
|
Aug. 7, 2013 | |
|
11-73105
|
Ketchikan Drywall Services Inc. v. Immigration and Customs Enforcement
Partial completion of Employment Eligibility Verification Forms fails to comply with obligation to verify that employees are legally authorized to work in U.S. |
Immigration |
|
Aug. 7, 2013 | |
|
12-30156
|
U.S. v. Alexander
Deliveryman who stole mail to create counterfeit checks may be convicted of aggravated identity theft because names and numbers on check were 'means of identification.' |
Criminal Law and Procedure |
|
Aug. 7, 2013 | |
|
12-50018
|
U.S. v. Gomez
Post-arrest statement may be used to rebut defendant's claim of innocence regarding presence of substantial amount of methamphetamine inside car trunk. |
Criminal Law and Procedure |
|
Aug. 7, 2013 | |
|
12-70628
|
Al Ramahi v. Holder
Married couple from Jordan may not seek asylum over 15 months after entering U.S. by asserting they had difficulty retaining counsel and received deficient legal advice. |
Immigration |
|
Aug. 7, 2013 | |
|
B239134
|
People v. Mason
Court’s failure to instruct jury that prior spousal rape conviction had to involve force or violence causes reversal of conviction for failure to register as sex offender. |
Criminal Law and Procedure |
|
Aug. 7, 2013 | |
|
F064154
|
Dreyer’s Grand Ice Cream Inc. v. County of Kern
Dreyer’s Ice Cream may not claim that lack of demand entitles it to tax reduction in relation to equipment that produces line of novelty ice cream. |
Taxation |
|
Aug. 7, 2013 | |
|
G044628
|
People v. Petronella
Business owner who underreported payroll for several years to receive lower insurance premiums is convicted of violating Insurance Code. |
Criminal Law and Procedure |
|
Aug. 7, 2013 | |
|
H037737
|
People v. Moreno
Defendant may not serve his sentence in county jail under Criminal Justice Realignment Act because his sentence was imposed prior to its enactment. |
Criminal Law and Procedure |
|
Aug. 7, 2013 | |
|
13A57
|
Brown v. Plata
Order |
|
Aug. 6, 2013 |