| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
11-262
|
Reichle v. Howards
Officials are entitled to qualified immunity from First Amendment retaliatory arrest claim where it was not clearly established that arrest supported by probable cause could give rise to claim. |
Civil Rights |
|
Jun. 4, 2012 | |
|
11-8806
|
Smith v. United States
Order |
|
Jun. 4, 2012 | ||
|
S185688
|
People v. Mesa
Defendant gang member, who shot two victims, cannot be punished for participating in criminal street gang in addition to assault with firearm and possession of firearm by felon. |
Criminal Law and Procedure |
|
Jun. 4, 2012 | |
|
S176574
|
People v. Villalobos
Imposition of restitution fine does not violate plea agreement although parties did not negotiate specific amount and court did not mention fine in plea colloquy. |
Criminal Law and Procedure |
|
Jun. 4, 2012 | |
|
10-17127
|
Suever v. Connell
Order |
|
Jun. 4, 2012 | ||
|
10-15595
|
Harlick v. Blue Shield of California
Under Mental Health Parity Act, insurer is required to pay for medically necessary residential care treatment for severe mental illness subject to terms and conditions imposed on coverage. |
Insurance |
|
Jun. 4, 2012 | |
|
B230321
|
Nickell v. Matlock
Quiet title actions require evidentiary hearings before judgment can be entered, even when defendant is in default. |
Real Property |
|
Jun. 4, 2012 | |
|
B235158
|
Iskanian v. CLS Transportation Los Angeles LLC
In light of 'Concepcion,' arbitration agreement containing class action waiver is enforceable where arbitration agreement is found to be neither procedurally not substantively unconscionable. |
Civil Procedure |
|
Jun. 4, 2012 | |
|
B231338
|
People v. Vargas
Multiple convictions arising from same conduct is factor to consider when determining whether to dimissis strike allegation, and not dispositive of motion. |
Criminal Law and Procedure |
|
Jun. 4, 2012 | |
|
10-902
|
Opinion of Harris
To fall within statutory streamlined annexation procedures, 'islands' must be completely or substantially surrounded, and cannot be part of larger territory. |
Government |
|
Jun. 4, 2012 | |
|
11-204
|
Opinion of Harris (11-204)
Community services district may contract with county or another public agency to provide law enforcement services within the district. |
Government |
|
Jun. 4, 2012 | |
|
A130374
|
Healdsburg Citizens for Sustainable Solutions v. City of Healdsburg
Award of attorney fees to petitioner for her work in defending CEQA action is proper under private general doctrine within Code of Civil Procedure Section 1021.5. |
Civil Procedure |
|
Jun. 4, 2012 | |
|
05-16801
|
Karuk Tribe of California v. United States Forest Service
Agency's approval of notices of intent to conduct recreational mining in river violates Endangered Species Act because agency did not consult with relevant wildlife agencies. |
Environmental Law |
|
Jun. 3, 2012 | |
|
07-15763
|
Nordyke v. King
County ordinance, which regulates firearms sales at gun shows on county property, survives challenge under Second Amendment. |
Constitutional Law |
|
Jun. 3, 2012 | |
|
10-35946
|
Ludwig v. Astrue
Administrative law judge commits error by receiving FBI agent's ex parte communication, assigning weight to it, and denying supplementary hearing to address it. |
Judges |
|
Jun. 3, 2012 | |
|
10-56765
|
Hexcel Corp. v. Ineos Polymers Inc.
In action under Sherman Act, statute of limitations expires where plaintiff was made aware of claims through subpoena, its internal investigation, and SEC disclosure form. |
Antitrust |
|
Jun. 3, 2012 | |
|
B239677
|
Vanhooser v. Superior Court (Hennessy Industries Inc.)
In asbestos exposure case, couple's marital status at time of husband's mesothelioma diagnosis determines whether first element of loss of consortium is satisfied. |
Torts |
|
Jun. 3, 2012 | |
|
A128536
|
Khazan v. Braynin
Interest on attorney fee award runs from date of award on remand where judgment was effectively reversed, rather than modified, and not date of original judgment. |
Civil Procedure |
|
May 31, 2012 | |
|
A134928
|
Burgos v. Superior Court (People)
Assigned prosecutor's multiple continuances of murder trial do not violate defendant's speedy trial rights where prosecutor was engaged in another trial. |
Criminal Law and Procedure |
|
May 31, 2012 | |
|
S173973
|
People v. Mena
Defendant does not forfeit right to appeal denial of his request for physical identification lineup prior to preliminary hearing by failing to pursue writ relief. |
Criminal Law and Procedure |
|
May 31, 2012 | |
|
S190646
|
Sharp v. Superior Court (People)
Penal Code Section 1054.3(b) authorizes compelled examination by prosecution-retained mental health expert where defendant pleads not guilty by reason of insanity. |
Criminal Law and Procedure |
|
May 31, 2012 | |
|
S076999
|
People v. Souza
Trial court erroneously imposes restitution orders by applying law applicable at time capital defendant was sentenced, rather than law applicable at time of crimes. |
Criminal Law and Procedure |
|
May 31, 2012 | |
|
08-56187
|
Carijano v. Occidental Petroleum Corporation
Order |
|
May 31, 2012 | ||
|
10-10441
|
U.S. v. Gomez-Hernandez
Sentencing enhancement is properly applied to defendant previously deported after conviction for crime of violence because Arizona's attempted aggravated assault offense requires specific intent. |
Criminal Law and Procedure |
|
May 31, 2012 | |
|
10-35223
|
Muth v. Fondren
Order |
|
May 31, 2012 | ||
|
10-50632
|
U.S. v. Perea-Rey
Warrant is required for search of carport, which was within home’s curtilage and could be seen from sidewalk. |
Criminal Law and Procedure |
|
May 31, 2012 | |
|
C060707
|
Cal Sierra Construction Inc. v. Comerica Bank
In enforcement action, banks are not entitled to file motion to release mechanics lien and stop notice because their property interest was not at stake. |
Real Property |
|
May 31, 2012 | |
|
C067309
|
Juror Number One v. Superior Court (Royster)
Juror's Facebook postings, which were made during trial, are not protected by Stored Communications Act and must be produced for court's misconduct inquiry. |
Criminal Law and Procedure |
|
May 31, 2012 | |
|
D059211
|
Sefton v. Sefton
Power of appointment in will is subject to presumption in effect at time of creation such that children who survive life estate holder must receive at least 'substantial' part of remainder estate. |
Probate and Trusts |
|
May 31, 2012 | |
|
A127554
|
Pacific Gas and Electric Co. v. City and County of San Francisco
Declaratory relief is proper where City’s commercial sale of power to building's new tenants is not municipal use, and constitutes Raker Act violation. |
Government |
|
May 31, 2012 |