| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D060167
|
Friends of Aviara v. City of Carlsbad
City must adopt timeline dealing with inconsistencies in general plan when revising housing element to provide low cost housing. |
Real Property |
|
Nov. 2, 2012 | |
|
B237003
|
People v. Salas
Court may execute suspended 2005 robbery conviction due to 2011 assault conviction because original probation had not yet expired. |
Criminal Law and Procedure |
|
Nov. 1, 2012 | |
|
F063849
|
Tuolumne Jobs & Small Business Alliance v. Superior Court (Wal-Mart Stores Inc.)
City cannot bypass environmental review for Wal-Mart expansion by adopting ordinance to approve project without holding special election. |
Environmental Law |
|
Nov. 1, 2012 | |
|
C067353
|
D.B., a Minor
Minor may not be committed to juvenile facility because most recent allegations against him involved giving false name to officer and resisting arrest. |
Juveniles |
|
Nov. 1, 2012 | |
|
B238460
|
Luis M. v. Superior Court (People)
Restitution award for minor's graffiti vandalism may not include general investigation and abatement costs, and must calculate actual cleaning costs. |
Juveniles |
|
Nov. 1, 2012 | |
|
D060411
|
People v. Washington
Prior Illinois convictions for aggravated assault qualify as serious felonies and thus, amount to strikes under California's Three Strikes law. |
Criminal Law and Procedure |
|
Nov. 1, 2012 | |
|
B239393
|
Destiny S., a Minor
Juvenile court may not declare child dependent based solely on mother’s drug use and without showing specific, defined risk of harm to child. |
Juveniles |
|
Nov. 1, 2012 | |
|
B236054
|
People v. Verba
Sex offender cannot receive additional custody credits under new law because fiscal and deterrent-based reasons constitute rational bases for delayed operative date. |
Criminal Law and Procedure |
|
Nov. 1, 2012 | |
|
S124660
|
In re Reno
Defendant engages in abusive writ practice by filing second habeas petition that is untimely, 521 pages long, and has 143 claims. |
Criminal Law and Procedure |
|
Nov. 1, 2012 | |
|
E053467
|
Chino MHC LP v. City of Chino
City may not deny mobile home park owner's application to convert park to resident ownership because conversion was not a sham to avoid rent control. |
Real Property |
|
Nov. 1, 2012 | |
|
B240227
|
R.C., a Minor
Father's visits with children must be monitored because children were at risk of harm due to father's physical attacks and threats against mother. |
Juveniles |
|
Oct. 31, 2012 | |
|
11-30256
|
U.S. v. Johnson
Defendant, who had two decades-old rape convictions, must undergo sexual offender assessment as condition of supervised release. |
Criminal Law and Procedure |
|
Oct. 31, 2012 | |
|
10-15222
|
Degelmann v. Advanced Medical Optics Inc.
Order |
|
Oct. 31, 2012 | ||
|
B239771
|
The Kroger Co. v. WCAB
Vocational rehabilitation maintenance award to injured employee is set aside after WCAB improperly denied employer’s appeal of decision. |
Workers' Compensation |
|
Oct. 31, 2012 | |
|
B237628
|
People v. Sosa
Convictions for possessing cocaine and possession while armed are upheld where defendant discarded cocaine while carrying firearm. |
Criminal Law and Procedure |
|
Oct. 31, 2012 | |
|
B232686
|
Sands & Associates v. Juknavorian
Law firm that won former client's case against it may not receive attorney fees when firm was represented by its own 'of counsel' attorneys. |
Attorneys |
|
Oct. 31, 2012 | |
|
B234537
|
Neiman v. Leo A. Daly Co.
Architecture company is not liable for visitor's fall down steps at community college because stripeless steps were obvious defect that college should have fixed. |
Torts |
|
Oct. 31, 2012 | |
|
A133824
|
Ayyad v. Sprint Spectrum L.P.
Telephone company may not compel arbitration of customer dispute involving early termination fees when issue had previously been decided. |
Business Law |
|
Oct. 30, 2012 | |
|
12-6478
|
In re Salvatore Letizia
Order |
|
Oct. 30, 2012 | ||
|
12-6243
|
Cutaia v. Bondi, Atty Gen. of FL, et al.
Order |
|
Oct. 30, 2012 | ||
|
12-6070
|
Lewis v. Washington
Order |
|
Oct. 30, 2012 | ||
|
12-126
|
McQuiggin v. Perkins
Order |
|
Oct. 30, 2012 | ||
|
12-43
|
PPL Corporation v. CIR
Order |
|
Oct. 30, 2012 | ||
|
11-10189
|
Trevino v. Thaler, Dir., TX DCJ
Order |
|
Oct. 30, 2012 | ||
|
S197283
|
In re Cabrera
Dept. of Corrections and Rehabilitation may identify inmate as prison gang associate based on drawings containing gang symbols in cell. |
Criminal Law and Procedure |
|
Oct. 30, 2012 | |
|
10-10333
|
U.S. v. Aguilar-Vera
Operation Streamline proceeding violates alien’s rights when he was not questioned until an hour after judge began group advisement of multiple subgroups. |
Immigration |
|
Oct. 30, 2012 | |
|
10-99001
|
Stankewitz v. Wong
Counsel's assistance is ineffective where he failed to present mitigating evidence of client's childhood abuse, substance use, and psychological damage. |
Criminal Law and Procedure |
|
Oct. 30, 2012 | |
|
11-35466
|
Laurel Park Community LLC v. City of Tumwater
City ordinances seeking to prevent manufactured home parks from closing are not takings because they had nearly no economic effect. |
Real Property |
|
Oct. 30, 2012 | |
|
G045246
|
People v. Otero
Use of diagram to explain proof beyond reasonable doubt is harmless misconduct because there was substantial evidence against defendant in sexual assault case. |
Criminal Law and Procedure |
|
Oct. 30, 2012 | |
|
D058825
|
Wanke, Industrial, Commercial, Residential Inc. v. Superior Court (Keck)
Under valid settlement agreement, former employee may not solicit company’s customers, who were specified on list contained in agreement. |
Contracts |
|
Oct. 30, 2012 |