| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C063710
|
People v. Atencio
Defendant may only be sentenced for firearm theft, and not firearm possession, because both acts were pursuant to only one criminal objective. |
Criminal Law and Procedure |
|
Aug. 29, 2012 | |
|
B241342
|
County of Los Angeles Dept. of Regional Planning v. Superior Court (Pham)
Trial court may not appoint employees of public entity as confidential expert witnesses where entity objected and had interest contrary to party seeking appointment. |
Civil Procedure |
|
Aug. 29, 2012 | |
|
B233773
|
Cutler v. Franchise Tax Board
Statute violates Commerce Clause by prohibiting tax deferrals of stock sale proceeds from companies based outside of state. |
Taxation |
|
Aug. 29, 2012 | |
|
S188204
|
People v. Aranda
Trial court's failure to explain that defendant could not be convicted unless prosecution proved elements of crime beyond reasonable doubt is harmless error. |
Criminal Law and Procedure |
|
Aug. 28, 2012 | |
|
S079656
|
In re Bacigalupo
Petitioner is entitled to relief from judgment of death where prosecution withheld favorable and material information from confidential informant. |
Criminal Law and Procedure |
|
Aug. 28, 2012 | |
|
S191868
|
Greg F., a Minor
Juvenile court may commit juvenile to Division of Juvenile Facilities by dismissing new petition and proceeding on probation violation under its inherent discretion. |
Juveniles |
|
Aug. 28, 2012 | |
|
08-16984
|
Alday v. Raytheon Co.
Employer's obligation to provide company-paid healthcare coverage to eligible retirees survives expiration of collective bargaining agreements. |
Labor Law |
|
Aug. 28, 2012 | |
|
09-72775
|
City of Redding v. Federal Energy Regulatory Commission
Federal Energy Regulatory Commission does not exceed its authority by issuing orders 'resetting' market clearing prices to calculate refunds due from public utilities. |
Administrative Agencies |
|
Aug. 28, 2012 | |
|
10-73057
|
Ortiz-Alfaro v. Holder
Reinstated removal order is not final until Dept. of Homeland Security has completed alien's reasonable fear and withholding of removal proceedings. |
Immigration |
|
Aug. 28, 2012 | |
|
10-99016
|
Miles v. Ryan
Counsel acts competently when she omitted addiction evidence at defendant's sentencing hearing, given that omission was based on strategy. |
Criminal Law and Procedure |
|
Aug. 28, 2012 | |
|
11-10134
|
U.S. v. Pineda-Doval
Evidence that defendant drove around spike strip, resulting in vehicle overturning and killing 10 illegal aliens, is not sufficient to show 'malice aforethought.' |
Criminal Law and Procedure |
|
Aug. 28, 2012 | |
|
11-15040
|
California Tow Truck Association v. City and County of San Francisco
In examining whether federal law preempts city's entire towing permit system, district court must conduct provision-by-provision preemption analysis. |
Government |
|
Aug. 28, 2012 | |
|
11-50132
|
U.S. v. Bailey
SEC's civil complaint alone may not be admitted as 'other acts evidence' to show defendant's intent where no other evidence substantiated complaint. |
Criminal Law and Procedure |
|
Aug. 28, 2012 | |
|
E052253
|
Rialto Citizens for Responsible Growth v. City of Rialto (Wal-Mart Real Estate Business Trust)
City properly certifies environmental impact report for commercial retail center where project description was incomplete, but did not preclude informed public participation. |
Environmental Law |
|
Aug. 28, 2012 | |
|
B233498
|
Doe v. Defendant Doe 1
Statute of limitations for sexual abuse claim is tolled where defendant paid for therapy session, but did not provide notice of when limitations period would run. |
Torts |
|
Aug. 28, 2012 | |
|
B197737
|
People v. Anderson
Defendant's statement does not constitute adoptive admission where it was made days after victim's accusation and contained denial of accusation. |
Criminal Law and Procedure |
|
Aug. 27, 2012 | |
|
11-35245
|
Costa v. Commissioner of Social Security Administration
Magistrate judge's reduction of requested attorney fees based on 'reasonable amount of time' to spend on routine social security cases is abuse of discretion. |
Civil Procedure |
|
Aug. 27, 2012 | |
|
11-90135
|
In re Complaint of Judicial Misconduct
Order |
|
Aug. 27, 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 |
|
Aug. 27, 2012 | |
|
G045057
|
Fillpoint LLC v. Maas
Covenant not to compete in employment agreement is unenforceable despite separate enforceable covenant in purchase agreement. |
Contracts |
|
Aug. 27, 2012 | |
|
11-1433
|
Bendon v. Reynolds (In re Reynolds)
Bankruptcy estate is entitled to no more that 25 percent of debtor’s beneficiary interest in spendthrift trusts. |
Bankruptcy |
|
Aug. 27, 2012 | |
|
S203553
|
People v. Silva
Order |
|
Aug. 24, 2012 | ||
|
S197169
|
Pack v. S.C. (City of Long Beach)
Order |
|
Aug. 24, 2012 | ||
|
S201241
|
People v. Schoenbachler
Order |
|
Aug. 24, 2012 | ||
|
S203483
|
People v. Fulton
Order |
|
Aug. 24, 2012 | ||
|
S192768
|
Leung v. Verdugo Hills Hospital
Common law 'release rule' is no longer applicable in California because of unjust result where brain damaged child would only be compensated for fraction of damages. |
Torts |
|
Aug. 24, 2012 | |
|
09-71336
|
Cabantac v. Holder
In determining removability due to controlled substance offense, appeals court may consider facts alleged in count specified in abstract of judgment. |
Immigration |
|
Aug. 24, 2012 | |
|
A134179
|
Lickiss v. Financial Industry Regulatory Authority
In evaluating whether to expunge securities broker's records, court fails to consider equitable principles by adopting criteria of FINRA rule instead. |
Securities |
|
Aug. 24, 2012 | |
|
B230768
|
Marriage of Left
'Commitment ceremony' that resembles valid remarriage, but does not involve issuance of marriage license, is not valid ground for termination of spousal support order. |
Family Law |
|
Aug. 24, 2012 | |
|
10-17153
|
Peter-Palican v. Government of The Commonwealth of the Northern Mariana Islands
Special assistant to former governor of Commonwealth of Northern Mariana Islands is not protected from termination without cause once new governor takes office. |
Civil Rights |
|
Aug. 23, 2012 |