| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
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 |
|
Mar. 13, 2013 | |
|
12-1340
|
O’Donnell v. Tristar Esperanza Properties LLC (Tristar Esperanza Properties LLC)
Judgment obtained by former member of limited liability company is subject to mandatory subordination provision of Bankruptcy Code. |
Bankruptcy |
|
Mar. 12, 2013 | |
|
B244590
|
Appel v. Superior Court (Webcor Construction Inc.)
In dispute over mechanic's lien, contract for construction work may be taken into account even where property owners were not party to contract. |
Real Property |
|
Mar. 12, 2013 | |
|
10-56535
|
Sofa Entertainment Inc. v. Dodger Productions Inc.
Use of seven-second clip of ‘The Ed Sullivan Show’ in hit musical ‘Jersey Boys’ constitutes fair use defeating copyright infringement claim. |
Intellectual Property |
|
Mar. 12, 2013 | |
|
G046268
|
Marcos B., a Minor
Police officer must reveal exact location from which he observed minor engaging in drug sales to support his allegation that minor possessed narcotics for sale. |
Juveniles |
|
Mar. 11, 2013 | |
|
11-10182
|
U.S. v. King
Police may conduct suspicionless search of probationer's residence when he had agreed to be subject to warrantless searches as probation condition. |
Criminal Law and Procedure |
|
Mar. 11, 2013 | |
|
09-10139
|
U.S. v. Cotterman
Comprehensive forensic search of computer performed 170 miles from U.S. border, which revealed child pornography images, is reasonable under Fourth Amendment. |
Criminal Law and Procedure |
|
Mar. 11, 2013 | |
|
10-72781
|
Gonzalez-Cervantes v. Holder
California conviction for misdemeanor sexual battery constitutes a 'crime of moral turpitude' for immigration purposes. |
Immigration |
|
Mar. 11, 2013 | |
|
D059971
|
Tomatoes Extraordinaire Inc. v. Berkley
Produce supplier cannot invoke Perishable Agricultural Commodities Act against company absent proof that company qualified as ‘dealer’ as defined under Act. |
Business Law |
|
Mar. 11, 2013 | |
|
S190713
|
People v. Wilkins
Instructional error causes reversal of first-degree murder conviction of defendant who burglarized a stove, which later fell from his truck, killing another driver. |
Criminal Law and Procedure |
|
Mar. 8, 2013 | |
|
11-99006
|
Walker v. Martel
Counsel’s failure to object to placement of leg restraint on defendant at trial does not warrant reversal of murder conviction because failure did not affect outcome of case. |
Criminal Law and Procedure |
|
Mar. 8, 2013 | |
|
11-15737
|
Corns v. Laborers International Union of North America
International union may impose organizing fee on affiliated local labor organizations where fee was approved by vote of delegates at general convention. |
Labor Law |
|
Mar. 8, 2013 | |
|
11-35674
|
Bell v. City of Boise
City of Boise must face homeless individuals’ lawsuit alleging police officers enforced local camping and sleeping ordinances in violation of Eighth Amendment. |
Civil Rights |
|
Mar. 8, 2013 | |
|
C064377
|
People v. Hendrix
Defendant’s conviction for violently resisting police officer is improper where prior incidents of his encounters with police were incorrectly admitted into evidence. |
Criminal Law and Procedure |
|
Mar. 8, 2013 | |
|
D060415
|
MinCal Consumer Law Group v. Carlsbad Police Dept.
Law firm may not appeal decision upholding police department's refusal to provide records of identity theft incidents occurring nine months before request date. |
Government |
|
Mar. 8, 2013 | |
|
C072117
|
J.A. v. Superior Court (Butte County Dept. of Employment and Social Services)
Juvenile court may not deny reunification services for father based on statute that only applies to cases involving siblings because no siblings were involved. |
Juveniles |
|
Mar. 8, 2013 | |
|
B237984
|
Zamora v. Lehman
Bankruptcy trustee’s claim against former executive is time-barred because trustee failed to give notice within one year pursuant to parties’ employment agreement. |
Employment Law |
|
Mar. 8, 2013 | |
|
A133167
|
Vivian v. Labrucherie
Ex-husband's claim alleging ex-wife's statements to his employer breached their settlement agreement fails because they were made during internal investigation. |
Contracts |
|
Mar. 8, 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 |
|
Mar. 8, 2013 | |
|
A134019
|
Jolley v. Chase Home Finance LLC
Borrower may pursue breach of contract and related claims against bank in construction loan dispute after bank purchased loan commitments from failed bank. |
Banking |
|
Mar. 8, 2013 | |
|
G046265
|
People v. Powell
Conviction for theft by false pretense is overturned where defendant was initially charged with robbery for allegedly taking money during smuggling transaction. |
Criminal Law and Procedure |
|
Mar. 7, 2013 | |
|
10-35137
|
Alaska Rent-A-Car Inc. v. Avis Budget Group Inc.
Rental car company licensee may sue rental car company licensor for violating settlement agreement by operating rival company within licensed territory. |
Contracts |
|
Mar. 7, 2013 | |
|
11-55316
|
Libertarian Party of Los Angeles County v. Bowen
Political party may challenge statutes requiring persons appointed to gather signatures for candidates to reside in county where signatures are gathered. |
Civil Rights |
|
Mar. 7, 2013 | |
|
C067180
|
People v. Wooten
Attempted rapist, who forced victim to perform oral sex, then attempted to kill her, may be given same sentence enhancement for both crimes. |
Criminal Law and Procedure |
|
Mar. 7, 2013 | |
|
A129295
|
Borikas v. Alameda Unified School District
School district's parcel tax is invalid where it imposes different tax rates for residential and commercial properties. |
Taxation |
|
Mar. 7, 2013 | |
|
B234368
|
Garrett v. Howmedica Osteonics Corp.
Metallurgist’s declaration that prosthetic device was softer than ‘minimum required hardness’ creates triable issues of fact as to whether prosthesis was defective. |
Torts |
|
Mar. 7, 2013 | |
|
G046032
|
People v. Perez
Juvenile's sentence of 30 years to life following conviction for molesting children is not cruel and unusual where he will be eligible for parole at age 47. |
Juveniles |
|
Mar. 6, 2013 | |
|
11-56076
|
Orange County's Credit Union v. Garcia (In re Garcia)
California's wildcard exemption may be used to exempt luxury car from bankruptcy because exemption may apply to exempt up to $18,350 in any property. |
Bankruptcy |
|
Mar. 6, 2013 | |
|
11-10449
|
U.S. v. Brizan
Wife may not withdraw guilty plea to charge based on concealment of husband's drug trafficking when she waived her right to appeal in plea agreement. |
Criminal Law and Procedure |
|
Mar. 6, 2013 | |
|
09-17661
|
Natural Resources Defense Council v. Salazar
Order |
|
Mar. 6, 2013 |