| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
11-16341
|
Recinto v. The United States Dept. of Veterans Affairs
Creation of compensation fund for Filipino World War II veterans does not violate equal protection because it did not create new classification for discriminatory purpose. |
Civil Rights |
|
Feb. 8, 2013 | |
|
C070719
|
People v. Superior Court (Karsai)
Following exhaustive search for acceptable residence for sexually violent predator, he may be conditionally released into county as transient. |
Criminal Law and Procedure |
|
Feb. 8, 2013 | |
|
D060570
|
Cates v. Chiang
Taxpayer who sued state gambling commission for failure to perform oversight duties may recover attorney fees as lawsuit caused commission to conduct appropriate audits. |
Gaming |
|
Feb. 8, 2013 | |
|
B245224
|
Pomona Valley Hospital Medical Center v. Superior Court (Cabana)
Patient suing hospital for botched surgery cannot add punitive damages claim based on allegations that she was unwitting participant in secret research project. |
Torts |
|
Feb. 8, 2013 | |
|
A127394
|
People v. Westmoreland
Murder and robbery convictions are overturned where defendant confessed to ‘robbery gone wrong’ in reliance on detective’s false promises of leniency. |
Criminal Law and Procedure |
|
Feb. 7, 2013 | |
|
A135763
|
Hoberman-Kelly v. Valverde
Suspension of driver’s license for refusal to submit to blood test is invalid when video showed that officer ignored driver’s repeated consent to test. |
Administrative Agencies |
|
Feb. 7, 2013 | |
|
B242601
|
California Charter Schools Association v. Los Angeles Unified School District
LAUSD's use of ‘norming ratios’ properly ensures that public school facilities are being shared fairly among pupils, including those in charter schools. |
Education |
|
Feb. 7, 2013 | |
|
B243654
|
People v. Corrales
Officer may pull over driver for texting while driving after seeing driver send text message while parked and later drive while making movements like he was texting. |
Criminal Law and Procedure |
|
Feb. 7, 2013 | |
|
10-15044
|
Dyer v. Hornbeck
Prosecution may use statements from interview of suspect without 'Miranda' warnings because she agreed to interview and was not told she was under arrest. |
Criminal Law and Procedure |
|
Feb. 7, 2013 | |
|
08-72258
|
Correa-Rivera v. Holder
Illegal alien does not need to prove he actually filed complaint with State Bar before making ineffective assistance of counsel claim. |
Immigration |
|
Feb. 7, 2013 | |
|
C068800
|
Browne v. County of Tehama
Medical marijuana users’ challenge to county ordinance, which regulated medical marijuana cultivation, fails because ordinance was not an outright ban on cultivation. |
Government |
|
Feb. 7, 2013 | |
|
H037450
|
Bigler v. The Harker School
Former student must arbitrate tort claims against school, which allegedly took place on school campus, based on arbitration provision in enrollment contract. |
Torts |
|
Feb. 7, 2013 | |
|
E054229
|
People v. Diaz
Officers' use of data taken from sensory diagnostic module of defendant’s car to determine speed at time of accident does not violate Fourth Amendment. |
Criminal Law and Procedure |
|
Feb. 7, 2013 | |
|
G045846
|
Brakke v. Economic Concepts Inc.
Corporation's principals fail to show pension plan marketer's alleged misrepresentations concerning tax consequences of benefit pension plan were fraudulent. |
Business Law |
|
Feb. 7, 2013 | |
|
F065414
|
Andrew J., a Minor
Juvenile court may not refuse to accept transfer of juvenile's case based on mere disagreement with other court about juvenile's residence or best interest. |
Juveniles |
|
Feb. 7, 2013 | |
|
A133897
|
Chalmers v. Hirschkop
Stepparent may not request modification of prior order denying her visitation rights after biological parents further restricted her access to child. |
Family Law |
|
Feb. 7, 2013 | |
|
B237335
|
Whatley-Miller v. Cooper
In medical negligence case, offer to compromise made by widow and daughters of deceased is valid because it included separate document of acceptance. |
Torts |
|
Feb. 7, 2013 | |
|
12-1439
|
Newman v. Schwartzer (In re Newman)
Debtor’s tax refund is subject to turnover, even if he already spent the funds, because debtor had possession, custody, or control of property during bankruptcy case. |
Bankruptcy |
|
Feb. 6, 2013 | |
|
A132914
|
Lucky United Properties Investments Inc. v. Lee
In dispute over attorney fees, interest on prejudgment award of fees begins to accrue upon entry of judgment, but postjudgment interest does not. |
Civil Procedure |
|
Feb. 6, 2013 | |
|
C064571
|
People v. Delgado
Gang member, who caused severe brain injury to victim, should not receive additional punishment when victim was initially nonresponsive, but not comatose. |
Criminal Law and Procedure |
|
Feb. 6, 2013 | |
|
11-16858
|
Smith v. Hedgpeth
Domestic violence sentence enhancements do not need to be considered in determining whether Double Jeopardy clause entitles defendant to habeas relief. |
Criminal Law and Procedure |
|
Feb. 6, 2013 | |
|
11-10511
|
U.S. v. Preston
Defendant's confession to sexually assaulting neighbor is not involuntary, despite defendant's diminished mental capacity, because officers did not use coercive tactics. |
Criminal Law and Procedure |
|
Feb. 6, 2013 | |
|
A133236
|
Natalini v. Import Motors Inc.
Car dealer may not compel arbitration of dispute with car buyer because arbitration provision in sales contract was oppressive and one-sided. |
Contracts |
|
Feb. 6, 2013 | |
|
D062596
|
Michael E., a Minor
Child may not be placed with his father's fiancée where she was reluctant to take the child, but his relatives were willing to care for him. |
Juveniles |
|
Feb. 6, 2013 | |
|
G046460
|
Allen v. Stoddard
Surviving partner of same-sex couple may sue estate based on promise for distribution by deceased partner within one year of decedent's death. |
Probate and Trusts |
|
Feb. 5, 2013 | |
|
S199384
|
Apple Inc v. Superior Court (Krescent)
Online retailer is not prohibited from requiring customer’s personal information when accepting credit card as payment for electronically downloaded products. |
Business Law |
|
Feb. 5, 2013 | |
|
S054569
|
People v. Whalen
Defendant fails to overturn his death sentence for first-degree murder and robbery based on allegations of trial court’s pro-death penalty bias. |
Criminal Law and Procedure |
|
Feb. 5, 2013 | |
|
11-17843
|
Center for Biological Diversity v. Salazar
Mining company may resume uranium mining operations in Mohave County, Arizona after decades-long hiatus caused by severe drop in uranium prices. |
Environmental Law |
|
Feb. 5, 2013 | |
|
C067812
|
Lafferty v. Wells Fargo Bank
Buyers of allegedly defective motor home may assert claims against lender bank that they otherwise had against dealership under installment contract. |
Contracts |
|
Feb. 5, 2013 | |
|
G046491
|
People v. Pangan
Victim in driving under the influence with injury case is not entitled to $70,000 payment based on $246 monthly decrease in pension payments due to accident. |
Criminal Law and Procedure |
|
Feb. 5, 2013 |