| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D061391
|
R.V., a Minor
Father’s sexual abuse of daughter in presence of son provides basis for juvenile court’s jurisdiction over son for substantial risk of sexual abuse. |
Juveniles |
|
Aug. 21, 2012 | |
|
B234988
|
Sparks v. Vista del Mar Child and Family Services
Former employee is not bound by arbitration clause, which was included in lengthy employee handbook and employee did not specifically acknowledge. |
Employment Law |
|
Aug. 21, 2012 | |
|
A132749
|
Diepenbrock v. Brown
Sanctions are improperly imposed where split in authority on disputed issue created substantial justification for party to oppose motion. |
Civil Procedure |
|
Aug. 21, 2012 | |
|
10-56846
|
Peabody v. Time Warner Cable, Inc.
Order |
|
Aug. 20, 2012 | ||
|
B226868
|
Universal City Studios Credit Union v. Cumis Insurance Society Inc.
Credit union is not covered by insurance policy because it failed to follow security measures expressed in policy and transferred money to imposter. |
Insurance |
|
Aug. 20, 2012 | |
|
A132159
|
C.W., a Minor
Before entering dispositional order, minor who was eligible for deferred entry of judgment must be given notice, and juvenile court must consider suitability. |
Juveniles |
|
Aug. 17, 2012 | |
|
S202724
|
People v. Chiu
Order |
|
Aug. 17, 2012 | ||
|
S203477
|
People v. E*Poly Star
Order |
|
Aug. 17, 2012 | ||
|
S203738
|
Esper v. S.C. (People)
Order |
|
Aug. 17, 2012 | ||
|
S190647
|
People v. Caballero
Sentence of life in prison without parole for non-homicide juvenile offender constitutes cruel and unusual punishment under Eighth Amendment. |
Criminal Law and Procedure |
|
Aug. 17, 2012 | |
|
S186149
|
Pinnacle Museum Tower Association v. Pinnacle Market Development (US) LLC
Although homeowners' association did not exist independent of developer when recorded declaration was drafted, arbitration clause in declaration is enforceable against association. |
Real Property |
|
Aug. 17, 2012 | |
|
D060622
|
Hansen v. Board of Registered Nursing
No due process violation occurs where Board of Registered Nursing revoked license after serving nurse at last known address and nurse filed writ after deadline. |
Administrative Agencies |
|
Aug. 17, 2012 | |
|
08-16645
|
Knox v. California State Employees Association
Order |
|
Aug. 17, 2012 | ||
|
08-17790
|
Sessoms v. Runnels
‘Davis’ rule that suspect must unambiguously request counsel is inapplicable when suspect has not yet waived his ‘Miranda’ rights. |
Criminal Law and Procedure |
|
Aug. 17, 2012 | |
|
09-10492
|
U.S. v. Duenas
While police violated defendants' rights by allowing media onto property during execution of warrant, evidence is not excluded because media did not disturb evidence. |
Criminal Law and Procedure |
|
Aug. 17, 2012 | |
|
10-50206
|
U.S. v. Stanley
Order |
|
Aug. 17, 2012 | ||
|
10-99006
|
Jones v. Ryan
Prosecutor's incorrect statement regarding kicked-in door did not amount to misconduct because discrepancy was immaterial and would not have undermined testimony. |
Criminal Law and Procedure |
|
Aug. 17, 2012 | |
|
11-70015
|
Meruelo v. Commissioner of Internal Revenue
IRS may issue deficiency notice and pursue deficiency concerning affected item at partner-level even if no partnership-level proceeding has been instituted. |
Taxation |
|
Aug. 17, 2012 | |
|
11-71883
|
Sollberger v. Commissioner of Internal Revenue
Transfer of floating rate notes in exchange for nonrecourse loan at 90 percent of notes' value constitutes sale, which triggers capital gains tax. |
Taxation |
|
Aug. 17, 2012 | |
|
C066705
|
Guardianship of Vaughan
In guardianship proceeding, ‘stable placement’ provision within Family Code Section 3041 is not dependent on child first being abandoned with nonparent. |
Family Law |
|
Aug. 17, 2012 | |
|
B228899
|
Dowling v. Farmers Insurance Exchange
Stipulated trial deadline for class action matter is tolled where language of stipulation contemplated future tolling events after agreement was drafted. |
Civil Procedure |
|
Aug. 17, 2012 | |
|
H036414
|
People v. Diaz
Failure to give cautionary instruction regarding evidence of criminal threats is harmless where jury would not have reached more favorable result had instruction been given. |
Criminal Law and Procedure |
|
Aug. 17, 2012 | |
|
B241132
|
Swarthout v. Superior Court (Culver City Police Dept.)
Trial court lacks authority to issue transfer order for inmate in state prison where there is no statutory basis for transfer. |
Criminal Law and Procedure |
|
Aug. 17, 2012 | |
|
B241137
|
Touchstone Television Productions v. Superior Court (Sheridan)
Actress may not sue for wrongful termination in violation of public policy based upon employer’s refusal to renew her employment contract. |
Employment Law |
|
Aug. 17, 2012 | |
|
10-50575
|
U.S. v. Acosta-Sierra
Defendant who threw rock at federal officer is not guilty of assault where officer was not aware of threat of harm until after it had passed. |
Criminal Law and Procedure |
|
Aug. 16, 2012 | |
|
06-73451
|
Aguilar-Turcios v. Holder
Petitioner is not removable where his conviction for using government computer to access pornographic websites is not ‘aggravated felony’ under modified categorical approach. |
Immigration |
|
Aug. 16, 2012 | |
|
A132805
|
Shuts v. Covenant Holdco LLC
Resident in understaffed nursing home may sue facility despite absence of language in administrative regulations because patient's rights cannot be waived. |
Health Care |
|
Aug. 16, 2012 | |
|
A133226
|
People v. Coleman
Order authorizing involuntary medication for purpose of restoring defendant to competence is sufficiently specific by implicitly relying on prior treatment plan. |
Criminal Law and Procedure |
|
Aug. 16, 2012 | |
|
B233274
|
Nemecek & Cole v. Horn
Arbitrator is not required to disclose participation in bar association committee even if attorney, who worked for defendant law firm, also participated. |
Civil Procedure |
|
Aug. 16, 2012 | |
|
A132754
|
Vieira Enterprises Inc. v. City of East Palo Alto
Plaintiff's substantive due process claim against city fails because it did not have property interest in manufactured homes that had become fixtures. |
Real Property |
|
Aug. 16, 2012 |