| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
A135254
|
D.B., a Minor
Juvenile court may take away parents' visitation rights after evidence showed that children, after years, continued to respond negatively to visits from parents. |
Juveniles |
|
Jul. 12, 2013 | |
|
B239855
|
Beaumont-Jacques v. Farmers Group Inc.
Plaintiff who worked for insurance groups as district manager, recruiting and recommending new agents, was independent contractor, not employee. |
Employment Law |
|
Jul. 12, 2013 | |
|
H038109
|
People v. Barclay
Defendant’s prior juvenile adjudication for felony vehicular manslaughter elevated his current driving under influence of alcohol offenses to felonies. |
Criminal Law and Procedure |
|
Jul. 12, 2013 | |
|
G046263
|
Marriage of Ficke
Following divorce, mother should not have to pay spousal support to father when he earned $8,088 a month and she earned $251 a month. |
Family Law |
|
Jul. 12, 2013 | |
|
B239730
|
Shearin v. Brown
Class certification motion is denied for prisoners who were incarcerated longer than they should have been because sentencing miscalculations were result of various causes. |
Prisoners Rights |
|
Jul. 12, 2013 | |
|
C060135
|
People v. Weber
Defendant is competent to waive right to counsel where he knowingly understands proceedings, despite attempts to thwart proceedings with outrageous actions. |
Criminal Law and Procedure |
|
Jul. 11, 2013 | |
|
12-16881
|
Townley v. Miller
Prospective voters may not challenge Nevada law allowing voters to cast ballot for 'none of these candidates' because they were not injured by law. |
Civil Rights |
|
Jul. 11, 2013 | |
|
12-35029
|
Elim Church of God v. Harris
Actual notice of changes concerning expiration of labor certification is not required because changes were published in Federal Registry, constituting legally sufficient notice. |
Immigration |
|
Jul. 11, 2013 | |
|
12-35332
|
Shell Offshore Inc. v. Greenpeace Inc.
Order |
|
Jul. 11, 2013 | ||
|
11-16920
|
McCullough v. Graber
Bureau of Prisons is not required to use prisoner’s good time credits in determining eligibility for home detention under Second Chance Act's elderly offender pilot program. |
Criminal Law and Procedure |
|
Jul. 11, 2013 | |
|
11-1081
|
Hasse v. Rainsdon (In re Pringle)
Debtor’s transfer of house to girlfriend in exchange for her promise to care for him is avoidable as fraudulent transfer under Bankruptcy Code. |
Bankruptcy |
|
Jul. 10, 2013 | |
|
12-35338
|
Action Recycling Inc. v. United States
IRS may issue summonses for bank statements that were once temporarily in its possession, but are not currently in its possession. |
Taxation |
|
Jul. 10, 2013 | |
|
10-56967
|
Tritz v. United States Postal Service
District court may hear contract claims against United States Postal Service because federal claims court does not have exclusive jurisdiction over such claims. |
Civil Procedure |
|
Jul. 10, 2013 | |
|
11-15631
|
Gila River Indian Community v. United States
In dispute over Indian land surrounded by city, Secretary of Interior mistakenly concludes government had to hold 52-acre parcel in trust for tribe. |
Native American Affairs |
|
Jul. 10, 2013 | |
|
B245050
|
Sanchez v. Hitachi Koki Co. Ltd.
Manufacturer of grinder is not liable for injuries caused when plaintiff used grinder with saw blades, despite warning not to use them together. |
Torts |
|
Jul. 10, 2013 | |
|
C072238
|
E.D., a Minor
Child must be returned to Father’s custody where there is no evidence that doing so would create substantial risk of detriment to child. |
Juveniles |
|
Jul. 10, 2013 | |
|
B236294
|
Bender v. County of Los Angeles
Apartment manager who was beaten and sprayed with pepper spray by deputies, despite not resisting arrest, may sue for violation of Bane Act. |
Civil Rights |
|
Jul. 10, 2013 | |
|
B236875
|
Boeken v. Philip Morris
Philip Morris unsuccessfully challenges $12.8 million award to smoker’s son in wrongful death claim where smoker previously obtained millions in judgment from cigarette giant. |
Torts |
|
Jul. 10, 2013 | |
|
S034800
|
People v. DeHoyos
Defendant’s conviction for killing and raping of nine-year-old victim is affirmed despite admission of expert testimony regarding defendant’s understanding of right and wrong. |
Criminal Law and Procedure |
|
Jul. 9, 2013 | |
|
S201413
|
People v. Mata
Trial court may reseat juror, who was discharged improperly by prosecutor through peremptory challenge, because defendant assented to reseating by not objecting. |
Criminal Law and Procedure |
|
Jul. 9, 2013 | |
|
S194708
|
Sierra Club v. Superior Court (County of Orange)
Orange County must produce computer file containing database of information on land parcels upon request because database is public record. |
Government |
|
Jul. 9, 2013 | |
|
08-75167
|
Tista v. Holder
Petitioner is ineligible for special rule cancellation of removal as ‘derivative beneficiary’ under Nicaraguan Adjustment and Central American Relief Act. |
Immigration |
|
Jul. 9, 2013 | |
|
11-55793
|
Hinojos v. Kohl's Corp.
Order |
|
Jul. 9, 2013 | ||
|
C065722
|
Donlen v. Ford Motor Co.
Ford Motor Co. does not get new trial after consumer won lemon law lawsuit due to persistent transmission problems in new truck. |
Business Law |
|
Jul. 9, 2013 | |
|
F065690
|
Citizens for Ceres v. Superior Court (City of Ceres)
City and developer of controversial Wal-Mart project must disclose communications between them that occurred prior to city’s approval of project. |
Attorneys |
|
Jul. 9, 2013 | |
|
A135214
|
J.S., a Minor
Juvenile may not be 'temporarily housed' at Dept. of Juvenile Facilities because there was no contract between department and county, as required by statute. |
Juveniles |
|
Jul. 9, 2013 | |
|
09-36122
|
John v. Alaska Fish and Wildlife Conservation Fund
Secretary of Interior and Secretary of Agriculture properly applied prior law and federal reserved water rights doctrine when implementing rules concerning subsistence fishing and hunting rights. |
Government |
|
Jul. 8, 2013 | |
|
10-17574
|
California Association of Rural Health Clinics v. Douglas
California may not eliminate coverage for adult dental, podiatry, optometry and chiropractic services to under-served communities because Medicaid Act mandated coverage for such services. |
Health Care |
|
Jul. 8, 2013 | |
|
11-35848
|
Ahearn v. International Longshore and Warehouse Union, Locals 21 and 4
Law enforcement agencies that responded to scenes of Union’s protests are not entitled to contempt damages because they were not parties to underlying action. |
Labor Law |
|
Jul. 8, 2013 | |
|
11-30352
|
U.S. v. White Eagle
Superintendent who oversaw loan modifications cannot be convicted of conspiracy where she did not participate or directly benefit from fraudulent loan scheme. |
Criminal Law and Procedure |
|
Jul. 8, 2013 |