| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S171382
|
Quarry v. Doe I
Statute of limitations bars childhood sexual abuse claims because 2002 amendment revived claims for only one year, during which plaintiffs’ did not file claims. |
Torts |
|
Mar. 29, 2012 | |
|
H036828
|
Rehmani v. Superior Court (Ericsson Inc.)
Claims of workplace harassment based on national origin and religion survive summary judgment where issues exist as to whether employer failed to prevent harassment. |
Employment Law |
|
Mar. 29, 2012 | |
|
B221005
|
G. Voskanian Construction Inc. v. Alhambra Unified School Disitrict
General contractor is entitled to recover for extra work despite lack of written change orders because school district supplied misleading plans. |
Contracts |
|
Mar. 29, 2012 | |
|
B229879
|
GECCMC 2005-C1 Plummer Street Office Limited Partnership v. NRFC NNN Holdings LLC
Loan guaranty is not triggered because leases were not terminated where lessor did not terminate lessee's right of possession with notice of termination. |
Real Property |
|
Mar. 29, 2012 | |
|
B233816
|
People v. Superior Court (Chapman)
Officers' reentry to seize evidence observed in plain view during protective sweep does not violate Fourth Amendment because protective sweep took priority over evidence seizure. |
Criminal Law and Procedure |
|
Mar. 29, 2012 | |
|
G043909
|
City of Lake Forest v. Evergreen Holistic Collective
City may not prohibit medical marijuana dispensaries altogether, with caveat that Legislature authorized dispensaries at sites where marijuana is collectively cultivated. |
Government |
|
Mar. 29, 2012 | |
|
C066039
|
Stockton Teachers Association CTA/NEA v. Stockton Unified School Disitrict
Teachers must be treated as probationary employees where there was no evidence that they were terminated at expiration of categorically funded project. |
Education |
|
Mar. 29, 2012 | |
|
10-7387
|
Setser v. U.S.
Defendant's sentence is not unreasonable because statute leaves room for exercise of judicial discretion when choosing to impose concurrent or consecutive sentences. |
Criminal Law and Procedure |
|
Mar. 28, 2012 | |
|
10-1211
|
Vartelas v. Holder
Lawful permanent resident, who was convicted before enactment of Illegal Immigration Reform and Immigrant Responsibility Act, may travel abroad without jeopardizing status. |
Immigration |
|
Mar. 28, 2012 | |
|
10-1024
|
FAA v. Cooper
Privacy Act does not unequivocally authorize mental and emotional distress damages and therefore, does not waive government’s immunity from liability for such harms. |
Government |
|
Mar. 28, 2012 | |
|
C065806
|
People v. Wells
Trial court commits prejudicial error by failing to instruct jury on defense of 'unconsciousness' where it was clear that defendant was relying on theory as defense. |
Criminal Law and Procedure |
|
Mar. 28, 2012 | |
|
B232348
|
Jamieson v. City Council of the City of Carpinteria
City properly denies property owner’s request for permit to enlarge patio because owner did not have vested right to expand patio under stipulated judgment. |
Real Property |
|
Mar. 28, 2012 | |
|
A130272
|
Montgomery Sansome LP v. Rezai
Triable issues exist as to whether two business entities are separate in determining application of prohibition against recovery of compensation by unlicensed contractors. |
Contracts |
|
Mar. 28, 2012 | |
|
B235258
|
State Compensation Insurance Fund v. WCAB
Employee's claim for psychiatric injury is barred because he was not employed for more than six months, and injury was not particularly unusual under circumstances. |
Workers' Compensation |
|
Mar. 28, 2012 | |
|
B230987
|
D.A., a Minor
Biological father is child's presumed father because he sought to assert his paternal rights at first opportunity, but was cut off from contact by child's mother. |
Juveniles |
|
Mar. 28, 2012 | |
|
G045118
|
Reilly v. Superior Court (People)
Recommitment petition must be dismissed where new evaluations conclude that defendant no longer meets criteria for commitment as sexually violent predator. |
Criminal Law and Procedure |
|
Mar. 28, 2012 | |
|
B232172
|
Baker v. Mulholland Security and Patrol Inc.
Expert witness fees may not be awarded to prevailing Fair Employment and Housing Act defendant unless plaintiff’s claim is frivolous. |
Employment Law |
|
Mar. 28, 2012 | |
|
G045202
|
Boysel v. Superior Court (People)
Petition for commitment of sexually violent predator may be filed even if initial evaluators do not concur that defendant meets criteria for commitment. |
Criminal Law and Procedure |
|
Mar. 28, 2012 | |
|
G045203
|
Wright v. Superior Court (People)
Plea of abatement is correctly denied where statutorily required evaluation process had not yet been completed as to whether defendant is sexually violent predator. |
Criminal Law and Procedure |
|
Mar. 28, 2012 | |
|
C064095
|
California Association for Health Services at Home v. State Dept. of Health Care Services
Although Dept. of Health Care Services is not required to consider provider costs in reviewing Medi-Cal reimbursement rates, review did not show rates were sufficient to enlist enough providers. |
Health Care |
|
Mar. 27, 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 |
|
Mar. 27, 2012 | |
|
C062495
|
People v. Romero
Defendant's claim that Hispanics and Asian-Americans are underrepresented on grand juries fails due to lack of evidence of systematic exclusion. |
Criminal Law and Procedure |
|
Mar. 27, 2012 | |
|
09-15906
|
Greenwood v. CompuCredit Corp.
Order |
|
Mar. 27, 2012 | ||
|
10-10147
|
U.S. v. Major
For purposes of sentencing on multiple counts for discharging and brandishing firearm during crime of violence, court must determine order in which jury made findings during deliberations. |
Criminal Law and Procedure |
|
Mar. 27, 2012 | |
|
10-55643
|
Flynn v. Holder
National Organ Transplant Act’s ban on compensation for organs does not apply to bone marrow donation performed through peripheral blood stem apheresis method. |
Constitutional Law |
|
Mar. 27, 2012 | |
|
11-15530
|
U.S. v. Rodrigues
Despite omission of kickback element in instruction, conviction for honest services theft is proper because omission did not have substantial and injurious effect on verdict. |
Criminal Law and Procedure |
|
Mar. 27, 2012 | |
|
D058333
|
Duea v. County of San Diego
In property assessment case, plaintiff is not entitled to trial de novo on facts where he did not raise pertinent legal issue during administrative hearing. |
Taxation |
|
Mar. 27, 2012 | |
|
A131624
|
People v. Tuck
Lifetime sex offender registration requirement for defendant convicted of committing lewd act on child under age of 14 does not violate equal protection. |
Criminal Law and Procedure |
|
Mar. 27, 2012 | |
|
10-1240
|
Thaler, Dir., TX DCJ v. Arnold
Order |
|
Mar. 26, 2012 | ||
|
10-1557
|
Thurmer v. Kerr
Order |
|
Mar. 26, 2012 |