| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
07-74437
|
Sanchez-Avalos v. Holder
Although alien was convicted of sexual battery under California law, he should not have been deemed inadmissible. |
Immigration |
|
Sep. 5, 2012 | |
|
11-55674
|
Dennis v. Kellogg Co.
Class action settlement improperly funds charities devoted to feeding the poor, when lawsuit was not related to that goal. |
Civil Procedure |
|
Sep. 5, 2012 | |
|
10-35300
|
Wood v. Beauclair
When prisoner alleges sexual abuse by prison guard, state, rather than prisoner, has to prove that conduct was not consensual. |
Prisoners Rights |
|
Sep. 5, 2012 | |
|
F063071
|
Halajian v. D & B Towing
Towing company’s withholding of vehicle is not wrongful because driver’s license and automobile registration requirements do not violate right to travel. |
Constitutional Law |
|
Sep. 5, 2012 | |
|
F062740
|
People v. Lopez
Sentence of seven years for conviction for attempting to dissuade witness for benefit of gang is improper because defendant did not threaten force. |
Criminal Law and Procedure |
|
Sep. 5, 2012 | |
|
B230470
|
Pacific Bell Telephone Co. v. Southern California Edison Co.
Privately owned electricity company must pay for damage caused to telephone cables after bird collided with company's power lines. |
Real Property |
|
Sep. 4, 2012 | |
|
11-1450
|
Standard Fire Insurance Company v. Knowles
Order |
|
Sep. 4, 2012 | ||
|
11-9540
|
Descamps v. United States
Is government required to prove defendant's prior violent felony convictions beyond reasonable doubt in order to impose sentencing enhancement? |
|
Sep. 4, 2012 | ||
|
B235755
|
D.G., a Minor
Stepfather engages in sexual abuse of minor when he propositioned child for sex but did not physically touch her. |
Juveniles |
|
Sep. 4, 2012 | |
|
09-16498
|
Gale v. First Franklin Loan Services
Under Truth in Lending Act, only servicers who are also assignees of loans may be liable for failing to respond to inquiries of obligors. |
Banking |
|
Sep. 4, 2012 | |
|
09-70181
|
Corpuz v. Holder
BIA improperly calculates ‘term of imprisonment’ for purpose of determining eligibility for relief by including entire period of petitioner's civil confinement. |
Immigration |
|
Sep. 4, 2012 | |
|
10-56129
|
U.S. Auto Parts Network Inc. v. Parts Geek LLC
Company may own copyright in modified portion of software where employee changed software during employment for company's purposes. |
Intellectual Property |
|
Sep. 4, 2012 | |
|
10-56488
|
Davis v. HSBC Bank Nevada N.A.
Retail store effectively discloses credit card’s annual fee in online application when ‘terms and conditions’ stated that fee would be charged. |
Business Law |
|
Sep. 4, 2012 | |
|
11-10577
|
U.S. v. Guerrero
Appellate court may not review lower court's order, which denied sealed competency hearing, because matter can be reviewed later after trial. |
Criminal Law and Procedure |
|
Sep. 4, 2012 | |
|
11-55452
|
Danielson v. Flores (In re Flores)
Bankruptcy court is mistaken in not allowing debtors to confirm 36-month plan of reorganization because shorter Chapter 13 plans are allowed. |
Bankruptcy |
|
Sep. 4, 2012 | |
|
C067715
|
Burnham v. California Public Employees' Retirement System (Honeyman)
Woman is not entitled to CalPERS member's pension survivor benefits because she presented her declaration of domestic parternship after his death. |
Family Law |
|
Sep. 4, 2012 | |
|
G045885
|
Plotnik v. Meihaus
Dog owner may recover damages for emotional distress in trespass to chattel claim after neighbor intentionally hit dog with baseball bat. |
Torts |
|
Sep. 4, 2012 | |
|
B235211
|
Reyes v. Liberman Broadcasting Inc.
Employer that did not assert right to compel arbitration for months does not waive right where it acted consistently with its rights. |
Civil Procedure |
|
Sep. 4, 2012 | |
|
B231920
|
JCC Development Corp. v. Levy
Default interest rate in promissory note is not triggered where rate was part of acceleration clause and note had already matured. |
Contracts |
|
Sep. 4, 2012 | |
|
B243474
|
Cunningham v. Magidow
Corporation’s owner may not force other owner to acknowledge that his prior loan to corporation satisfied judgment against him. |
Corporations |
|
Sep. 4, 2012 | |
|
B241099
|
Farmers New World Life Insurance Co. v. Rees
Insurance company gets attorney fees after successfully filing action in dispute over life insurance benefits for man, who was suspected of killing his wife. |
Insurance |
|
Sep. 4, 2012 | |
|
B228912
|
Kallis v. Sones
Neighbor must pay full cost of restoration after cutting down tree that rested on shared property line. |
Real Property |
|
Aug. 31, 2012 | |
|
S185303
|
In re Coley
25-year-to-life sentence under Three Strikes law is not cruel and unusual for defendant who intentionally refused to comply with sex offender registration obligations. |
Criminal Law and Procedure |
|
Aug. 31, 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 |
|
Aug. 31, 2012 | |
|
08-56471
|
Milton H. Greene Archives Inc. v. Marilyn Monroe LLC
Marilyn Monroe's estate may not assert rights to California's posthumous right of publicity after claiming she was domiciled in New York in prior litigation. |
Probate and Trusts |
|
Aug. 31, 2012 | |
|
11-10467
|
U.S. v. Vasquez-Cruz
Appellate court must decline to review whether district court improperly failed to depart from guidelines range when sentencing defendant. |
Criminal Law and Procedure |
|
Aug. 31, 2012 | |
|
11-15880
|
Fenenbock v. Director of Corrections for California
Defendant is not entitled to pre-trial access to minor witness where there was no evidence of prosecutorial interference with witness' decision to refuse access. |
Criminal Law and Procedure |
|
Aug. 31, 2012 | |
|
B229656
|
Assessor for County of Santa Barbara v. Assessment Appeals Board No. 1 (Rancho Goleta Lakeside Mobileers Inc.)
Tax reassessments of spaces in mobilehome park are invalid because they relied on methodology that was inconsistent with statute. |
Real Property |
|
Aug. 31, 2012 | |
|
A127207
|
California Association of Sanitation Agencies v. State Water Resources Control Board
Regional board's water basin plan does not unlawfully incorporate other agencies' standards and criteria for water quality objectives. |
Environmental Law |
|
Aug. 31, 2012 | |
|
B231432
|
Villari v. Mozilo
Plaintiff lacks standing to maintain shareholder derivative action where he was no longer shareholder and merger’s purpose was not to deprive shareholders of standing. |
Corporations |
|
Aug. 31, 2012 |