| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S185961
|
People v. Stanley
Trial court has discretion to award either replacement cost, or actual repair cost if repair is possible, to vandlism victim who is entitled to restitution. |
Criminal Law and Procedure |
|
Jul. 10, 2012 | |
|
08-75140
|
Flores-Lopez v. Holder
Conviction under California Penal Code Section 69 does not qualify categorically as crime of violence because idea that resisting officer inevitably leads to violence is too speculative. |
Immigration |
|
Jul. 10, 2012 | |
|
10-56772
|
Ackerman v. Eber (In re Eber)
Bankruptcy court has discretion to decline to enforce applicable arbitration provision where arbitration would conflict with underlying purposes of Bankruptcy Code. |
Bankruptcy |
|
Jul. 10, 2012 | |
|
H037138
|
Macy v. Superior Court (People)
Dismissal is not proper remedy for sexually violent predator proceedings when experts produce conflicting evaluations. |
Criminal Law and Procedure |
|
Jul. 10, 2012 | |
|
G045728
|
Marriage of Wilson and Bodine
Paternity judgment is nullified by subsequent marriage of parents of child born out-of-wedlock. |
Family Law |
|
Jul. 9, 2012 | |
|
09-15548
|
Woods v. Carey
Pro se prisoner litigants must be given notice of opposition procedural requirements when summary judgment motions are filed. |
Prisoners Rights |
|
Jul. 9, 2012 | |
|
G045332
|
LaChance v. Valverde
DMV correctly denies plaintiff's request for restricted driver's license where she pled guilty to DUI and DMV had suspended her license for six months. |
Criminal Law and Procedure |
|
Jul. 9, 2012 | |
|
B230436
|
420 Caregivers LLC v. City of Los Angeles
Ordinance seeking to cap number of medical marijuana collectives is lawful because limited police resources and increased crime provided rational basis for regulation. |
Government |
|
Jul. 6, 2012 | |
|
S187587
|
Ethan C., a Minor
Criminal negligence is not required for juvenile court's decision to adjudge children dependents of court where father's neglect caused death of another child. |
Juveniles |
|
Jul. 6, 2012 | |
|
S189856
|
People v. Gonzalez
Substantial evidence of murder exists under provocative act doctrine where individual escalated confrontation by giving firearm to accomplice, who was fatally shot. |
Criminal Law and Procedure |
|
Jul. 6, 2012 | |
|
11-55175
|
Back v. Sebelius
Medicare hospice beneficiaries may administratively appeal hospice provider’s refusal to provide drug and thus, claim seeking such administrative process is moot. |
Health Care |
|
Jul. 6, 2012 | |
|
C067636
|
Allgoewer v. City of Tracy
In excessive force case, testimony of expert witness is not required where jury could determine whether particular amount of force was unreasonable. |
Civil Rights |
|
Jul. 6, 2012 | |
|
B240452
|
Roberts v. Packard, Packard & Johnson
Law firm may not be awarded attorney fees for prevailing on motion to compel arbitration until arbitration is completed and prevailing party is determined. |
Attorneys |
|
Jul. 5, 2012 | |
|
07-56127
|
Williams v. Johnson
Order |
|
Jul. 5, 2012 | ||
|
11-16816
|
Schlegel v. Wells Fargo Bank N.A.
Homeowners may pursue claim against Wells Fargo Bank for proceeding with acceleration of their loan despite homeowners’ compliance with loan modification agreement. |
Banking |
|
Jul. 5, 2012 | |
|
11-56303
|
Chamness v. Bowen
California state election law requiring that independents be listed as having "No Party Preference" does not violate First Amendment rights. |
Civil Rights |
|
Jul. 5, 2012 | |
|
B242586
|
Torres v. Dept. of Corrections and Rehabilitation
Concept of ‘constructive custody’ does not extend tolling of limitations period allowing parolee to file false imprisonment claim more than one year after release. |
Criminal Law and Procedure |
|
Jul. 5, 2012 | |
|
B239304
|
People v. LaPierre
Defendant who committed multiple armed bank robberies in Hawaii and California will continue serving time in California custody after serving term in federal custody. |
Criminal Law and Procedure |
|
Jul. 5, 2012 | |
|
B240519
|
Mendiola v. CPS Security Solutions Inc.
Trailer guards who stay overnight on job sites in residential trailers must be compensated for all time spent on site, except sleep time. |
Employment Law |
|
Jul. 5, 2012 | |
|
B241201
|
Enloe v. Kelso
Sellers who accepted deed of trust from purchasers to secure purchase price is prohibited from obtaining deficiency judgment in event of purchaser’s default. |
Real Property |
|
Jul. 5, 2012 | |
|
A130585
|
Sotelo v. MediaNews Group Inc.
Class certification motion is properly denied because proposed class is not ascertainable when there is no objective means of determining whether individuals were class members. |
Civil Procedure |
|
Jul. 5, 2012 | |
|
11-7979
|
Whiteside v. Arkansas
Order |
|
Jul. 5, 2012 | ||
|
11-8023
|
Tickles v. United States
Order |
|
Jul. 5, 2012 | ||
|
11-8026
|
Walker v. United States
Order |
|
Jul. 5, 2012 | ||
|
11-8063
|
Wilks v. United States
Order |
|
Jul. 5, 2012 | ||
|
11-8134
|
Sidney v. United States
Order |
|
Jul. 5, 2012 | ||
|
11-8146
|
Lewis v. United States
Order |
|
Jul. 5, 2012 | ||
|
11-8244
|
Jones v. United States
Order |
|
Jul. 5, 2012 | ||
|
11-8268
|
Gibson v. United States
Order |
|
Jul. 5, 2012 | ||
|
11-8355
|
Watson v. United States
Order |
|
Jul. 5, 2012 |