| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S192704
|
People v. Delgado
Assailant's conviction for robbing victim in backseat of moving car is upheld despite court’s failure to instruct jury regarding accomplice liability. |
Criminal Law and Procedure |
|
Apr. 5, 2013 | |
|
F063887
|
Perry v. County of Fresno
County is not liable when its correctional officer used inmates’ information in computer system to write threatening letters as part of personal vendetta. |
Torts |
|
Apr. 5, 2013 | |
|
11-16795
|
North East Medical Services Inc. v. California Dept. of Health Care Services
California does not need to reimburse health care clinics for allegedly incorrect payment calculations for Medicaid pharmacy services provided to dual-eligible Medicare beneficiaries. |
Health Care |
|
Apr. 5, 2013 | |
|
B236455
|
Akopyan v. Wells Fargo Home Mortgage Inc.
National Bank Act preempts borrower's breach of contract action against federally regulated entities for purportedly misapplying payments and charging late fees. |
Banking |
|
Apr. 5, 2013 | |
|
B235731
|
Stoltenberg v. Ampton Investments Inc.
California appeal is inappropriate because defendants refused to comply with New York trial court's order to turn over their financial information. |
Civil Procedure |
|
Apr. 5, 2013 | |
|
12-50061
|
U.S. v. Augustine
Defendant is not entitled to lower mandatory minimum sentence under Fair Sentencing Act because he was sentenced for crack cocaine offense before Act’s enactment. |
Criminal Law and Procedure |
|
Apr. 4, 2013 | |
|
09-16460
|
A.D. v. State of California Highway Patrol
Officer who killed suspect during car chase although she posed no immediate threat to officers is not entitled to immunity and may be sued for civil rights violations. |
Civil Rights |
|
Apr. 4, 2013 | |
|
11-16042
|
Ecological Rights Foundation v. Pacific Gas and Electric Co.
Telephone companies' discharges of stormwater runoff from utility poles treated with wood preservative do not violate Clean Water Act. |
Environmental Law |
|
Apr. 4, 2013 | |
|
11-50315
|
U.S. v. Jennings
Sentence enhancement for using 'sophisticated means' to accomplish crime is imposed because defendants used misleading bank account to siphon funds from company. |
Criminal Law and Procedure |
|
Apr. 4, 2013 | |
|
B229432
|
People v. Quiroz
Jury does not have to unanimously agree that defendant is guilty of murder as shooter or person who aided and abetted shooter. |
Criminal Law and Procedure |
|
Apr. 4, 2013 | |
|
D060381
|
Bedoe v. County of San Diego
County is entitled to return of payments to In-Home Supportive Services provider, who informally subcontracted provision of services to his sister. |
Health Care |
|
Apr. 4, 2013 | |
|
B239014
|
Hagman v. Meher Mount Corp.
Property owner may obtain portion of neighbor’s land through adverse possession because neighboring religious group does not qualify as public entity. |
Real Property |
|
Apr. 4, 2013 | |
|
12-10483
|
U.S. v. LKAV
Court may not commit juvenile charged under Federal Juvenile Delinquency Act to adult facility in order to study his competency to stand trial. |
Juveniles |
|
Apr. 3, 2013 | |
|
08-70836
|
Ceron v. Holder
Alien who was convicted of assault with deadly weapon under California law is removable because his offense is a crime involving moral turpitude. |
Immigration |
|
Apr. 3, 2013 | |
|
B235292
|
Gonzalez v. Downtown LA Motors LP
Dealership may not avoid paying technicians for all hours worked by paying flat rate for repair tasks, but not paying separate hourly minimum wage for non-repair tasks. |
Employment Law |
|
Apr. 3, 2013 | |
|
A134874
|
T.G., a Minor
Order terminating father’s parental rights is constitutionally invalid because juvenile court never determined he was an unfit parent. |
Juveniles |
|
Apr. 3, 2013 | |
|
C067961
|
Alliance for the Protection of the Auburn Community Environment v. County of Placer (Bohemia Properties LLC)
Petition challenging development project is rejected because organization failed to sue within limitations period and was not entitled to relief for procedural mistakes. |
Environmental Law |
|
Apr. 3, 2013 | |
|
A135898
|
Federal Home Loan Bank of San Francisco v. Countrywide Financial Corp.
Bank may not relitigate Securities Act violation claim against securities dealer after voluntarily dismissing claim in prior proceeding. |
Securities |
|
Apr. 2, 2013 | |
|
12-382
|
Marshall v. Rodgers
California courts do not violate right to counsel by refusing to appoint post-trial counsel after defendant waived his right to representation three times. |
Criminal Law and Procedure |
|
Apr. 2, 2013 | |
|
12-165
|
RBS Citizens, N.A., et al. v. Ross
Order |
|
Apr. 2, 2013 | ||
|
12-322
|
Whirlpool Corp. v. Glazer
Order |
|
Apr. 2, 2013 | ||
|
11-50167
|
U.S. v. Reyes-Ceja
Deportee receives sentence enhancement because immigration authorities found him in U.S. while he was serving 32-month sentence for grand theft. |
Criminal Law and Procedure |
|
Apr. 2, 2013 | |
|
11-16004
|
Westendorf v. West Coast Contractors of Nevada Inc.
Employer must confront its former employee's retaliatory discharge claim where employee reasonably believed she suffered sexual harassment before being fired. |
Employment Law |
|
Apr. 2, 2013 | |
|
12-929
|
Atlantic Marine Construction Co. v. USDC WD TX, et al.
Order |
Civil Procedure |
|
Apr. 2, 2013 | |
|
12-8458
|
Gowan v. Keller
Order |
|
Apr. 2, 2013 | ||
|
D060776
|
Quigley v. McClellan
Veterinarian who performed prepurchase examination of competition horse is not negligent because no evidence showed other doctors would have acted differently. |
Torts |
|
Apr. 1, 2013 | |
|
B236757
|
Hatai v. Dept. of Transportation
Caltrans employee of Japanese ancestry loses lawsuit against supervisor of Arab descent, alleging that non-Arabs were subjected to discriminatory treatment. |
Employment Law |
|
Apr. 1, 2013 | |
|
D062007
|
People v. Mora
Criminal Justice Realignment Act does not apply to defendant, who was sentenced to prison before Oct. 1, 2011, even if she was committed to prison later. |
Criminal Law and Procedure |
|
Apr. 1, 2013 | |
|
B240522
|
Harris v. Bingham McCutchen
Law firm may not compel former associate to arbitrate claim that she was wrongfully terminated after asking for accommodations for disabling sleep disorder. |
Employment Law |
|
Apr. 1, 2013 | |
|
09-35174
|
Gonzales v. U.S. Dept. of Homeland Security
Mexican citizens may be able to add challenge to retroactive application rule concerning eligibility for Form I-212 waivers in light of new retroactivity test. |
Immigration |
|
Apr. 1, 2013 |