| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
10-16959
|
Gutierrez v. Wells Fargo Bank NA
Bank may use high-to-low posting order that resulted in more overdraft fees because bank’s power to post transactions falls within federal banking regulatory power. |
Banking |
|
Dec. 26, 2012 | |
|
08-72430
|
Sanchez v. Holder
Green card holder who confessed to bringing child into U.S. illegally is deportable because she failed to show her confession was coerced or inaccurate. |
Immigration |
|
Dec. 26, 2012 | |
|
08-70941
|
Arteaga-De Alvarez v. Holder
Availability of spousal petition filed by alien’s husband does not necessarily undercut cancellation of removal claim based on hardship to her family. |
Immigration |
|
Dec. 26, 2012 | |
|
B222971
|
People v. Holmes
Testimony of DNA experts does not violate confrontation rights because unsworn statements of objective facts are not sufficiently formal to be testimonial. |
Criminal Law and Procedure |
|
Dec. 25, 2012 | |
|
A133729
|
People v. Torres
Incarcerated drug dealer, who received sentence in one case but awaited further sentencing in another, is entitled to presentence credits from time sentence was completed. |
Criminal Law and Procedure |
|
Dec. 25, 2012 | |
|
S197299
|
In re Juan D.
Order |
|
Dec. 23, 2012 | ||
|
A131453
|
Dammann v. Golden Gate Bridge, Highway and Transportation District
Transportation district is not liable for injuries suffered in cross-over collision on Golden Gate Bridge by declining to install moveable median barriers. |
Torts |
|
Dec. 23, 2012 | |
|
S206072
|
People v. Hernandez
Order |
|
Dec. 23, 2012 | ||
|
S206153
|
Goodridge v. KDF Automotive Group
Order |
|
Dec. 23, 2012 | ||
|
S195296
|
McKinley (Donnie Ray) on H.C.
Order |
|
Dec. 23, 2012 | ||
|
S196866
|
In re L.L.
Order |
|
Dec. 23, 2012 | ||
|
11-1104a
|
Opinion of Harris
City may install automated photographic traffic enforcement system to issue citations for illegal right turns, including those made when signal is not red. |
Government |
|
Dec. 23, 2012 | |
|
11-302
|
Opinion of Harris (11-302)
Court should hear proposed action regarding whether dietary services director of medical center may concurrently serve as director of health care district. |
Health Care |
|
Dec. 23, 2012 | |
|
H032750
|
City of Santa Maria v. Adam
Farmers are entitled to court confirmation of their overlying rights to native groundwater regardless of quantities pumped in the past. |
Real Property |
|
Dec. 23, 2012 | |
|
11-15860
|
National Elevator Industry Pension Fund v. VeriFone Holdings Inc.
Securities fraud class action must survive summary judgment based on allegations that CEO and CFO were deliberately reckless in issuing false financial statements. |
Securities |
|
Dec. 23, 2012 | |
|
B236047
|
J.R. v. D.P.
Biological father of child and mother's husband may both be presumed fathers when both loved the child and would be good fathers. |
Family Law |
|
Dec. 23, 2012 | |
|
10-804
|
Opinion of Harris (10-804)
Judge who voluntarily retired for disability may not be certified to administer oaths unless judge is later found to be capable of judicial service. |
Judges |
|
Dec. 23, 2012 | |
|
C068750
|
County of Glenn v. Foley
In eminent domain action, opinion of appraiser for property owner should be allowed to show comparable sales prices of other properties. |
Real Property |
|
Dec. 23, 2012 | |
|
G043100
|
People v. Butler
Defendant who targeted unsophisticated investors in Ponzi scheme is guilty of securities fraud when he issued victims notes promising payment and return of principal. |
Securities |
|
Dec. 23, 2012 | |
|
B230770
|
Cussler v. Crusader Entertainment LLC
Author is entitled to restitution after film producer collected on flawed judgment finding author acted in bad faith regarding film rights contract. |
Contracts |
|
Dec. 23, 2012 | |
|
G045872
|
Barnes, Crosby, Fitzgerald & Zeman LLP v. Ringler
In dispute between lawyers over fee-sharing agreement, attorney may not prevent law firm from obtaining client consent to render contract nonexistent. |
Attorneys |
|
Dec. 20, 2012 | |
|
A134219
|
Adoption of A.S.
Teenager's New York paternity order is not entitled to recognition where it merely established biology and teenager failed to assume parental responsibilities. |
Juveniles |
|
Dec. 20, 2012 | |
|
11-1506
|
Green v. Zukerkorn (In re Zukerkorn)
Hawaii law, rather than California law, governs spendthrift trust because trust assets were located in Hawaii and administered by Hawaiian corporate trustee. |
Bankruptcy |
|
Dec. 20, 2012 | |
|
11-1104
|
Opinion of Harris
City may install automated photographic traffic enforcement system to issue citations for illegal right turns, including those made when signal is not red. |
Government |
|
Dec. 20, 2012 | |
|
S197694
|
Estate of Giraldin
Revocable trust’s beneficiaries may sue trustee for breach of fiduciary duty owed to their father because breach could harm them by reducing trust's value. |
Probate and Trusts |
|
Dec. 20, 2012 | |
|
11-55452
|
Danielson v. Flores
Order |
|
Dec. 20, 2012 | ||
|
04-55732
|
Barnes-Wallace v. City of San Diego
City's grant of leases to Boy Scouts of America constitutes, at most, incidental aid for religious purposes and does not violate California Constitution. |
Civil Rights |
|
Dec. 20, 2012 | |
|
09-50271
|
U.S. v. Yepez
Meth importer is ineligible for sentencing relief because historical facts established that he was on probation when he committed federal drug offense. |
Criminal Law and Procedure |
|
Dec. 20, 2012 | |
|
11-50529
|
U.S. v. Valdavinos-Torres
Previously deported aien's conviction for possession of methamphetamine for sale constitutes aggravated felony, which forms proper legal basis for deportation. |
Criminal Law and Procedure |
|
Dec. 20, 2012 | |
|
B237173
|
Baltazar v. Forever 21 Inc.
Arbitration of harassment and discrimination claims against clothing merchandiser is appropriate when arbitration agreement was not unconscionable. |
Employment Law |
|
Dec. 20, 2012 |