| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
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 | |
|
F059511
|
In re Cabrera
Inmate’s possession of drawings signed by gang affiliate does not show direct link between two to support inmate’s validation as gang member. |
Criminal Law and Procedure |
|
Jul. 3, 2013 | |
|
13-55755
|
Watkins v. Vital Pharmaceuticals Inc.
Under Class Action Fairness Act, federal court must hear case involving marketing of protein bars because sales of bars exceeded $5 million over last four years. |
Civil Procedure |
|
Jul. 3, 2013 | |
|
12-10069
|
U.S. v. Morales
Defendant’s conviction for transporting illegal aliens into country for financial gain is affirmed despite erroneously admitted hearsay statements contained in Border Patrol forms. |
Criminal Law and Procedure |
|
Jul. 3, 2013 | |
|
11-55081
|
Ohno v. Yasuma
California court may enforce Japanese court's $1.2 million judgment against church based on claim that church induced woman into giving up nearly all her assets. |
International Law |
|
Jul. 3, 2013 | |
|
11-50237
|
U.S. v. Huizar-Velazquez
District court improperly sentences importer, who evaded antidumping duties on Chinese steel wire, with guideline that addresses corruption of government officials. |
Criminal Law and Procedure |
|
Jul. 3, 2013 | |
|
11-16612
|
Anwar v. Johnson
Dischargeability complaints filed just after midnight on day after deadline is dismissed by bankruptcy court as untimely. |
Bankruptcy |
|
Jul. 3, 2013 | |
|
C071156
|
V.C., a Minor
Juvenile court retains jurisdiction over minor charged with Vehicle Code misdemeanor and infraction offenses even after after dismissal of misdemeanor charge. |
Juveniles |
|
Jul. 3, 2013 | |
|
B241049
|
Rodriguez v. County of Los Angeles
Counties may be liable for false imprisonment after sheriffs held man in custody for 11 days pursuant to bench warrant issued for another person. |
Civil Rights |
|
Jul. 3, 2013 | |
|
10-16696
|
Perry v. City and County of San Francisco
Order |
|
Jul. 2, 2013 | ||
|
G047824
|
Jointer v. Superior Court (People)
Defendant may perform DNA testing of water bottle left at scene of 1997 grocery store robbery to address critical issue of perpetrator’s identity. |
Criminal Law and Procedure |
|
Jul. 2, 2013 | |
|
G047244
|
Havasu Lakeshore Investments LLC v. Fleming
Law firm may represent company and nonmember with close ties to company in lawsuit against two members because their interests were not adverse. |
Attorneys |
|
Jul. 2, 2013 | |
|
11-35625
|
M.J. v. United States
Plaintiff who was thrown off police officer’s vehicle is precluded from suing city for vicarious liability because officer is immune from liability. |
Torts |
|
Jul. 2, 2013 | |
|
11-17199
|
Tehama-Colusa Canal Authority v. United States Dept. of the Interior
Water agencies in Central Valley do not get priority over water rights during water shortage because contract provisions dictate water allocation. |
Government |
|
Jul. 2, 2013 | |
|
11-16625
|
Barnard v. Theobald
Officers are not entitled to special protection from excessive force claims after applying chokehold and pepper spray to plaintiff, who was not resisting. |
Civil Rights |
|
Jul. 2, 2013 | |
|
S091915
|
People v. Nunez
Gang member successfully challenges gang enhancement where jury was not instructed that enhancement can be found true only if the murders were gang-related. |
Criminal Law and Procedure |
|
Jul. 2, 2013 |