| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B233562
|
People v. Garcia
Inmate who had been in custody for 244 days before receiving his sentence is entitled to two days of conduct credit for every four days in custody. |
Criminal Law and Procedure |
|
Sep. 21, 2012 | |
|
B241171
|
County of Los Angeles v. Superior Court (Faten)
County of Los Angeles is not required to capture dangerous dogs to potentially prevent attack on child despite receiving numerous complaints. |
Torts |
|
Sep. 21, 2012 | |
|
B231142
|
Aleman v. AirTouch Cellular
Employer that prevailed on reporting time and split shift pay claims filed by its employees is entitled to attorney fees on reporting claim. |
Employment Law |
|
Sep. 21, 2012 | |
|
H036629
|
Council of San Benito County Governments v. Hollister Inn Inc.
County may take road leading to hotel over private property without considering the alternative of taking neighbor’s property. |
Real Property |
|
Sep. 20, 2012 | |
|
10-35656
|
Stratton v. Buck
Prison nurse cannot dismiss suit based on prisoner’s failure to file grievance when prisoner was not given notice to develop response. |
Prisoners Rights |
|
Sep. 20, 2012 | |
|
S035190
|
People v. Houston
Defendant’s pre-shooting plan, including diagrams of school and ‘goodbye letter’ to family, shows careful planning and weighing of consequences supporting first degree murder convictions. |
Criminal Law and Procedure |
|
Sep. 20, 2012 | |
|
12-35543
|
Sanders County Republican Central Committee v. Bullock
State may not criminally punish political party when it endorses judicial candidates because such conduct would infringe on free speech rights. |
Constitutional Law |
|
Sep. 19, 2012 | |
|
08-70229
|
Montes-Lopez v. Holder
Immigration judge violates alien’s right to representation by requiring him to proceed with hearing without his attorney present. |
Immigration |
|
Sep. 19, 2012 | |
|
08-99015
|
Rogovich v. Ryan
Court is not required to obtain murderer’s consent to insanity defense before his attorney presents the defense at trial. |
Criminal Law and Procedure |
|
Sep. 19, 2012 | |
|
10-30348
|
U.S. v. Lukashov
Truck driver who sexually abused minor during cross-country trip may be tried in Oregon because sexual abuse continued until minor was returned home. |
Criminal Law and Procedure |
|
Sep. 19, 2012 | |
|
10-56708
|
Terenkian v. The Republic of Iraq
Republic of Iraq is immune from lawsuit involving contract that concerned Iraq's humanitarian efforts to relieve the needs of its people. |
Government |
|
Sep. 19, 2012 | |
|
B236139
|
Zintel Holdings LLC v. McLean
Under lease agreement, tenant is entitled to attorney fees when he defeated landlord's allegations that his lease was fraudulent. |
Real Property |
|
Sep. 19, 2012 | |
|
B235217
|
Lone Star Security & Video Inc. v. Bureau of Security and Investigative Services
State agency revokes alarm company's license due to its unlicensed operator's untrue and misleading statements to customers. |
Administrative Agencies |
|
Sep. 19, 2012 | |
|
G045098
|
People v. Luna
Sentence of 15 years to life is appropriate when victim's boyfriend kidnapped her from school, and raped her after threatening to kill her. |
Criminal Law and Procedure |
|
Sep. 19, 2012 | |
|
B224166
|
People v. Sorrels
Court's statement of case to prospective jurors is not misconduct given that judge properly directed jury on how to consider comments. |
Criminal Law and Procedure |
|
Sep. 19, 2012 | |
|
F062983
|
Coalition for Clean Air v. City of Visalia (VWR International LLC)
Proposed laboratory supply and distribution facility may be subject to environmental review despite city’s assertion that it was exempt. |
Environmental Law |
|
Sep. 18, 2012 | |
|
07-70949
|
Young v. Holder
Alien may be deported although his record of conviction did not show whether he was convicted of selling, or offering to sell, cocaine. |
Immigration |
|
Sep. 18, 2012 | |
|
11-15894
|
Bates v. Mortgage Electronic Registration System Inc.
Whistleblower’s lawsuit alleging that lenders fraudulently avoided recording fees fails because government was already on notice about alleged practices. |
Government |
|
Sep. 18, 2012 | |
|
11-16326
|
Grand Canyon Trust v. United States Bureau of Reclamation
Bureau of Reclamation does not violate Endangered Species Act by issuing annual operating plans without formally consulting with U.S. Fish and Wildlife Service. |
Environmental Law |
|
Sep. 18, 2012 | |
|
12-30013
|
U.S. v. Mattix
Ninth Circuit clarifies that sex offenders who failed to register after Aug. 1, 2008 are subject to penalties under Sex Offender Registration and Notification Act. |
Criminal Law and Procedure |
|
Sep. 18, 2012 | |
|
07-74361
|
Gonzaga-Ortega v. Holder
Lawful permanent resident who attempted to smuggle niece into country has no right to representation during secondary inspection at border. |
Immigration |
|
Sep. 17, 2012 | |
|
11-50094
|
U.S. v. Leal-Del Carmen
Government may not deport alien-witness when it knew she possessed exculpatory information that was material to defendant's criminal case. |
Criminal Law and Procedure |
|
Sep. 17, 2012 | |
|
D061609
|
R.H. v. Superior Court (San Diego County Health and Human Services Agency)
Grandparents of child do not have right to have appointed counsel during dependency hearing because they physically abused child's siblings. |
Juveniles |
|
Sep. 17, 2012 | |
|
D060412
|
County of San Diego v. Mason
Possible father, who asked for paternity test, must submit DNA results to government lab because government can use facility of its choice. |
Family Law |
|
Sep. 17, 2012 | |
|
B229486
|
Take Me Home Rescue v. Luri
Foster care provider must return rescue dog, which she refused to spay, because oral discussions with nonprofit amounted to agreement to spay. |
Contracts |
|
Sep. 17, 2012 | |
|
S174773
|
Steen v. Appellate Division (People)
Order |
|
Sep. 17, 2012 | ||
|
H037668
|
People v. Kennedy
Sentencing court fails to award presentence credit to defendant who had been in continuous custody due to parole violation, which was later dismissed. |
Criminal Law and Procedure |
|
Sep. 17, 2012 | |
|
B238016
|
People v. Robinson
To assist in funding court operations, court must require defendant to pay two assessment fees following his conviction for petty theft. |
Criminal Law and Procedure |
|
Sep. 17, 2012 | |
|
S181963
|
People v. Brown
New formula for calculating local custody credits cannot be applied retroactively to defendant who had already been convicted prior to enactment of law. |
Criminal Law and Procedure |
|
Sep. 14, 2012 | |
|
S181963
|
People v. Brown
Order |
|
Sep. 14, 2012 |