| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
11-72081
|
Blandino-Medina v. Holder
Petitioner’s California conviction for lewd and lascivious acts with child under 14 is not per se particularly serious crime precluding withholding of removal relief. |
Immigration |
|
Apr. 11, 2013 | |
|
08-72936
|
Cui v. Holder
Chinese citizen is not entitled to asylum based on fear of religious persecution where he lacked efforts to enter U.S. and he voluntarily returned to China. |
Immigration |
|
Apr. 11, 2013 | |
|
08-74277
|
Romero-Ochoa v. Holder
Mexican citizen, who served more than 180 days due to California conviction for vehicular manslaughter, lacks good moral character to cancel his removal. |
Immigration |
|
Apr. 11, 2013 | |
|
11-15655
|
Edgerly v. City and County of San Francisco
Civil rights plaintiff prevails on false arrest claim because police could not hold him in custody without proper grounds after his arrest for trespassing. |
Civil Rights |
|
Apr. 11, 2013 | |
|
11-16786
|
Learjet Inc. v. Oneok Inc.
Natural gas buyers may continue to litigate state antitrust claims against natural gas traders alleging price manipulations caused 2000-2002 energy crisis. |
Antitrust |
|
Apr. 11, 2013 | |
|
B233189
|
Webb v. Special Electric Co. Inc.
Asbestos exposure case is revived due to trial court's improper grant of judgment notwithstanding verdict after jury returned verdict in favor of plaintiff. |
Torts |
|
Apr. 11, 2013 | |
|
B239928
|
Even Zohar Construction & Remodeling Inc. v. Bellaire Townhouses LLC
In renewed motion for relief from default judgment, defendants must satisfactorily explain failure to previously clarify reasons for attorney's neglect. |
Civil Procedure |
|
Apr. 11, 2013 | |
|
E054307
|
People v. Cook
Sentence enhancements for causing great bodily injury are incorrectly imposed on defendant as to two manslaughter victims of gruesome motor vehicle accident. |
Criminal Law and Procedure |
|
Apr. 11, 2013 | |
|
C068802
|
Good v. Miller
Trial court correctly declines to salvage plaintiff's defective appeal from order, which granted terminating sanctions against plaintiff. |
Civil Procedure |
|
Apr. 11, 2013 | |
|
E055263
|
People v. Kelly
Defendant is not entitled to serve sentence in county jail after revocation of his probation because he was originally sentenced to four years in state prison. |
Criminal Law and Procedure |
|
Apr. 11, 2013 | |
|
A134695
|
People v. Gutierrez
Molestation charges are properly dismissed after prosecution failed to disclose reports that showed victim made unfounded accusations of molestation in the past. |
Criminal Law and Procedure |
|
Apr. 11, 2013 | |
|
B237354
|
People v. Vega
Gang member must receive sentence enhancement for both firearm use and inflicting great bodily injury in shooting of rival gang member. |
Criminal Law and Procedure |
|
Apr. 11, 2013 | |
|
S199406
|
eHarmony v. S.C. (Luko)
Order |
|
Apr. 11, 2013 | ||
|
S199412
|
Ticketmaster v. S.C. (Luko)
Order |
|
Apr. 11, 2013 | ||
|
A134089
|
Luttrell v. Island Pacific Supermarkets Inc.
Plaintiff’s recovery for ulcer treatment is reduced based on amount of medical expenses actually paid, rather than amounts billed by health care providers. |
Torts |
|
Apr. 10, 2013 | |
|
11-17017
|
McDaniel v. Wells Fargo Investments LLC
Brokerage firms may adopt policies forbidding their employees from opening outside trading accounts in order to prevent harmful or unfair trading practices. |
Securities |
|
Apr. 10, 2013 | |
|
11-71194
|
Kealoha v. Office of Workers Compensation Programs
Ship laborer may recover workers' compensation for injuries from suicide attempt if he can prove his work-related fall caused his subsequent suicide attempt. |
Maritime Law |
|
Apr. 10, 2013 | |
|
D059607
|
People v. Evans
Court may not use lost income or profits in determining whether defendant caused more than $200,000 in losses to victims after stealing their vehicles. |
Criminal Law and Procedure |
|
Apr. 10, 2013 | |
|
B240348
|
Spriesterbach v. Holland
In motor vehicle negligence case, court does not need to give right-of-way instruction when jury already found defendant used reasonable care. |
Torts |
|
Apr. 10, 2013 | |
|
11-16836
|
Alliance of Nonprofits for Insurance Risk Retention Group v. Kipper
Nevada Insurance Commissioner may not issue order prohibiting risk retention group from writing 'first dollar' liability policies in Nevada. |
Insurance |
|
Apr. 9, 2013 | |
|
11-50219
|
U.S. v. Yuman-Hernandez
Conspirator in fictitious stash house robbery receives mandatory minimum sentence after failing to prove he lacked capability to deal in quantity of drugs charged. |
Criminal Law and Procedure |
|
Apr. 9, 2013 | |
|
S192176
|
People v. Leiva
Court may not reinstate defendant’s probation based solely on conduct that occurred after court-imposed probationary period elapsed. |
Criminal Law and Procedure |
|
Apr. 9, 2013 | |
|
S195600
|
People v. Carbajal
Double jeopardy does not bar retrial for commission of offenses against multiple victims because first jury could not consider multiple victim allegation. |
Criminal Law and Procedure |
|
Apr. 9, 2013 | |
|
B222310
|
Kaiser Cement and Gypsum Corp. v. Insurance Co. of the State of Pennsylvania
Summary adjudication is improper where record does not indicate whether primary insurers exhausted policy to trigger excess insurer’s liability. |
Insurance |
|
Apr. 9, 2013 | |
|
E053349
|
People v. Lawson
Instruction on mistake defense is unnecessary, even if jury could have reasonably inferred petty theft defendant simply forgot about item before leaving store. |
Criminal Law and Procedure |
|
Apr. 8, 2013 | |
|
11-17715
|
Firebaugh Canal Water District v. United States
Dept. of Interior’s broad discretion precludes claim seeking immediate implementation of plans to stop migration of groundwater into water district. |
Government |
|
Apr. 8, 2013 | |
|
11-16837
|
Castro v. Terhune
Inmate who was associated with Mexican Mafia unsuccessfully challenges clarity of regulation that guides prison officials in validating inmates as gang affiliates. |
Prisoners Rights |
|
Apr. 8, 2013 | |
|
B239229
|
Spinner v. American Broadcasting Companies Inc.
Writer loses lawsuit against ABC for alleged use of his ideas in creating 'LOST' television series because ABC did not have access to his idea. |
Intellectual Property |
|
Apr. 8, 2013 | |
|
10-56904
|
Knappe v. United States
Taxpayer must pay late-filing penalty because he filed untimely estate-tax return based on incorrect advice from accountant regarding extension deadlines. |
Taxation |
|
Apr. 5, 2013 | |
|
B237354
|
People v. Vega
Gang member must receive sentence enhancement for both firearm use and inflicting great bodily injury in shooting of rival gang member. |
Criminal Law and Procedure |
|
Apr. 5, 2013 |