| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
05-16154
|
U. S. v. Bell
Order |
|
Jul. 23, 2013 | ||
|
11-16959
|
California Sportfishing Protection Alliance v. Chico Scrap Metal Inc.
Citizen group may file suit to enforce scrap metal company's compliance with storm water permits despite district attorney's prior proceedings against company. |
Environmental Law |
|
Jul. 23, 2013 | |
|
12-15474
|
United States v. Pyramid Lake Paiute Tribe of Indians
Due to effect of ‘gauge errors,’ court orders recalculation of water flow diverted to Pyramid Lake for tribal use and irrigation. |
Native American Affairs |
|
Jul. 23, 2013 | |
|
12-50189
|
U.S. v. Clement
Mandatory minimums in Fair Sentencing Act of 2010 do not apply to 18 U.S.C. Section 3582(c)(2) proceedings to defendants sentenced before Act was enacted. |
Criminal Law and Procedure |
|
Jul. 23, 2013 | |
|
C066730
|
People v. Mestas
Molestation victim’s sexual history is properly excluded because conduct was not sufficiently similar to conduct charged against defendant. |
Criminal Law and Procedure |
|
Jul. 23, 2013 | |
|
B242800
|
H.K, a Minor
Child who was removed from father's custody may not be placed with step-sibling, who had been convicted of first degree manslaughter under Oregon law. |
Juveniles |
|
Jul. 22, 2013 | |
|
G047100
|
Natalie D., a Minor
State is not required to provide private hippotherapy treatment to disabled child because same benefits could be obtained through other treatment at state-funded gym. |
Juveniles |
|
Jul. 22, 2013 | |
|
10-36083
|
Gorlick Distribution Centers LLC v. Car Sound Exhaust System Inc.
Auto part distributor who received favorable pricing from manufacturer is not liable for antitrust violations because it did not know prices violated antitrust law. |
Antitrust |
|
Jul. 22, 2013 | |
|
11-30348
|
U.S. v. Garcia
Defendant’s conviction for involuntary manslaughter is overturned where jury instructions did not require finding of gross negligence, an essential element of involuntary manslaughter. |
Criminal Law and Procedure |
|
Jul. 22, 2013 | |
|
D060621
|
Happy Nails & Spa of Fashion Valley LP v. Su
Labor Commissioner may not assess civil penalties against nail salon partnership for issues that were previously litigated in favor of partnership. |
Labor Law |
|
Jul. 22, 2013 | |
|
E056019
|
People v. Davis
Defendant’s conviction for killing his mother is upheld even though court failed to instruct jury sua sponte that jailhouse informant’s testimony must be corroborated. |
Criminal Law and Procedure |
|
Jul. 22, 2013 | |
|
S210804
|
Even Zohar Construction & Remodeling v. Bellaire Townhouses
Order |
|
Jul. 19, 2013 | ||
|
S210965
|
People v. Bender
Order |
|
Jul. 19, 2013 | ||
|
S210448
|
Alatriste (Jose Armando) on H.C.
Order |
|
Jul. 19, 2013 | ||
|
S210650
|
Bonilla (Joseph) on H.C.
Order |
|
Jul. 19, 2013 | ||
|
S210870
|
Kaiser Cement and Gypsum Corp. v. Insurance Co. of the State of Pennsylvania (Truck Insurance Exchange)
Order |
|
Jul. 19, 2013 | ||
|
S210898
|
People v. Smith
Order |
|
Jul. 19, 2013 | ||
|
S202790
|
People v. Johnson
Defendants may be separately charged with conspiracy to actively participate in criminal street gang, once conspirator has committed overt act. |
Criminal Law and Procedure |
|
Jul. 19, 2013 | |
|
S201186
|
People v. Smith
Court does not need to instruct jury on lesser offense related to resisting executive officer where lesser offense was not necessarily included in greater offense. |
Criminal Law and Procedure |
|
Jul. 19, 2013 | |
|
10-10092
|
U.S. v. Aguilar-Reyes
Defendant may not be resentenced, despite being sentenced incorrectly, because he had been deported and was not present for sentencing. |
Criminal Law and Procedure |
|
Jul. 19, 2013 | |
|
10-10276
|
U.S. v. Teague
Defendant’s convictions for receipt and possession of child pornography does not violate Double Jeopardy Clause because convictions were based on separate conduct. |
Criminal Law and Procedure |
|
Jul. 19, 2013 | |
|
11-55265
|
Strong v. Valdez Fine Foods
Court may not discount disabled plaintiff's testimony regarding barriers he encountered while patronizing restaurant, because testimony was based on plaintiff’s observations. |
Civil Rights |
|
Jul. 19, 2013 | |
|
D060064
|
Acuna v. San Diego Gas & Electric Co.
Employee may pursue wrongful termination claim against former employer because it was filed within one year of administrative agency’s right-to-sue notice. |
Employment Law |
|
Jul. 19, 2013 | |
|
G046032
|
People v. Perez
Juvenile's sentence of 30 years to life following conviction for molesting children is not cruel and unusual where he will be eligible for parole at age 47. |
Juveniles |
|
Jul. 19, 2013 | |
|
G046470
|
Baughman v. Walt Disney World Co.
Disabled patron may not use Segway, a two-wheeled personal transportation device, at Disney theme park due to safety concerns. |
Civil Rights |
|
Jul. 19, 2013 | |
|
H038349
|
People v. Pirali
Probation condition restricting Internet access is constitutional because defendant was convicted for possessing child pornography and could access Internet with approval. |
Criminal Law and Procedure |
|
Jul. 18, 2013 | |
|
07-56549
|
U.S. v. $186,416.00 in U.S. Currency
Order |
|
Jul. 18, 2013 | ||
|
09-16113
|
Woods v. Carey
Fee cap on attorney fees does not apply to fees incurred by prisoner, who successfully defended verdict in his favor on appeal. |
Prisoners Rights |
|
Jul. 18, 2013 | |
|
H038353
|
Fortner v. Superior Court (People)
California trial court does not have territorial jurisdiction over domestic violence offenses committed in Hawaii because no part of offenses occurred in California. |
Criminal Law and Procedure |
|
Jul. 18, 2013 | |
|
A135733
|
People v. Ford
Trial court may order defendant to pay additional restitution, despite the ending of his probation term, because restitution amount had not yet been determined. |
Criminal Law and Procedure |
|
Jul. 18, 2013 |