| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B232192
|
People v. Lyu
Convictions for sexual penetration and oral copulation of unconscious person are not supported by substantial evidence where victim instantly knew acts occurred. |
Criminal Law and Procedure |
|
Feb. 28, 2012 | |
|
H034647
|
People v. Rouse
Defendant cannot argue insufficiency of evidence in challenging conviction for sexual abuse of child where jury found duress was present under circumstances. |
Criminal Law and Procedure |
|
Feb. 28, 2012 | |
|
D058321
|
Pacific Rim Mechanical Contractors Inc. v. Aon Risk Insurance Services West Inc.
After procuring insurance policy for developer, insurance broker does not owe duty to apprise added subcontractor of insurance company's subsequent insolvency. |
Insurance |
|
Feb. 28, 2012 | |
|
H034764
|
People v. Scott
Prohibition on visitation between qualified prisoners and child victims does not affect visitation between adult victims and their childhood abusers. |
Criminal Law and Procedure |
|
Feb. 28, 2012 | |
|
B231491
|
California Insurance Guarantee Association v. WCAB (Oracle Imaging)
Personal representative of medical providers is not excluded from pursuing claims against California Insurance Guarantee Association under Insurance Code Section 1063.1(c)(9). |
Workers' Compensation |
|
Feb. 28, 2012 | |
|
H022562
|
People v. Briseno
Defendant’s failure to obtain certificate of probable cause on claim challenging guilty plea, which was previously dismissed for same reason, precludes appellate review. |
Criminal Law and Procedure |
|
Feb. 28, 2012 | |
|
10-458
|
Sheets v. Simpson
Order |
|
Feb. 27, 2012 | ||
|
10-35032
|
Al-Haramain Islamic Foundation v. U.S. Dept. of the Treasury
Substantial evidence supports Office of Foreign Assets Control's designation of nonprofit organization as 'specially designated global terrorist,' justifying freeze on organization's assets. |
Government |
|
Feb. 27, 2012 | |
|
D055586
|
Thurman v. Bayshore Transit Management Inc.
Portion of recovery for missed meal periods is improper where court allowed plaintiff to avoid judicial admission that defendants eventually began providing meal breaks. |
Employment Law |
|
Feb. 27, 2012 | |
|
A131535
|
Ashton R., a Minor
Juvenile court lacks jurisdiction to order sibling visitation, to be paid for by sibling’s father, following dismissal of dependency petition over father’s child. |
Juveniles |
|
Feb. 27, 2012 | |
|
11-1094
|
Wells Fargo Bank v. Loop 76 LLC (In re Loop 76 LLC)
Separate classification of creditor bank's claim from other unsecured claims is appropriate where claim was dissimilar due to third-party source for recovery. |
Bankruptcy |
|
Feb. 26, 2012 | |
|
C066203
|
Okasaki v. City of Elk Grove
Challenge to variance issued by city, which allowed construction bordering plaintiffs’ property, is untimely where action was not filed within 90 days of city's decision. |
Government |
|
Feb. 26, 2012 | |
|
B219113
|
Klein v. Chevron USA Inc.
Trial court abuses discretion by abstaining where consumers had no other means of resolving harms caused by potentially deceptive motor fuel sales practice. |
Business Law |
|
Feb. 26, 2012 | |
|
B228064
|
People v. Tuggle
Defendant's fingerprints found on vase in regularly cleaned model home, which had been closed to public, is enough to support burglary conviction. |
Criminal Law and Procedure |
|
Feb. 26, 2012 | |
|
B223181
|
People v. Smith
Trial court has discretion to dismiss ‘strike’ and must consider particulars of defendant’s background, including his mental illness, in exercising discretion. |
Criminal Law and Procedure |
|
Feb. 26, 2012 | |
|
A128485
|
Balsam v. Trancos Inc.
Internet advertising company violates anti-spam law where it sends e-mail advertisements listing fake companies as sender to avoid being identified as true source. |
Business Law |
|
Feb. 26, 2012 | |
|
10-1465
|
Drummond v. Welsh (In re Welsh)
Chapter 13 plan is proposed in good faith where debtors did not engage in misconduct, and excluded income and deducted expenses that Bankruptcy Code allows. |
Bankruptcy |
|
Feb. 24, 2012 | |
|
S198324
|
People v. Santana
Order |
|
Feb. 24, 2012 | ||
|
S199339
|
People v. Arriaga
Order |
|
Feb. 24, 2012 | ||
|
S198772
|
Turner (Leo Black) on Habeas Corpus
Order |
|
Feb. 24, 2012 | ||
|
S198559
|
Jaramillo v. County of Orange
Order |
|
Feb. 24, 2012 | ||
|
10-218
|
PPL Montana LLC v. Montana
Montana Supreme Court must determine whether state owned disputed riverbeds based on segment-by-segment test, which assesses navigability of rivers. |
Real Property |
|
Feb. 23, 2012 | |
|
09-958
|
Douglas v. Independent Living Center of Southern California Inc.
Ninth Circuit must reconsider whether California’s amendments to Medicaid program violates Supremacy Clause in light of agency’s approval of amendments. |
Health Care |
|
Feb. 23, 2012 | |
|
10-704
|
Messerschmidt v. Millender
Officer is entitled to qualified immunity from suit alleging search violated Fourth Amendment where magistrate issued warrant for which there was probable cause. |
Civil Rights |
|
Feb. 23, 2012 | |
|
A128985
|
Goldman v. California Franchise Tax Board
Taxpayers may not decrease their state tax liability by filing amended return and paying self-assessed taxes before completion of federal audit. |
Taxation |
|
Feb. 23, 2012 | |
|
D060320
|
People v. Cardwell
Burglary conviction under Penal Code Section 464 is unsupported because defendant was not inside building before using torch to cut hole in store's door. |
Criminal Law and Procedure |
|
Feb. 23, 2012 | |
|
B238175
|
Pickett v. Superior Court (99¢ Only Stores)
Plaintiff is entitled to peremptory challenge because her case was not merely continuation of another case against same defendant for same wrongful conduct. |
Civil Procedure |
|
Feb. 23, 2012 | |
|
B226499
|
Building a Better Redondo Inc. v. City of Redondo Beach
City’s voluntary compliance with trial court’s writ renders dispute between City and voters over validity of local coastal program moot. |
Government |
|
Feb. 23, 2012 | |
|
11-1056
|
Nash v. Clark County District Attorney's Office (In re Nash)
Bankruptcy court correctly refuses to grant sanctions against district attorney because bankruptcy courts should not interfere in decisions to pursue criminal charges. |
Bankruptcy |
|
Feb. 23, 2012 | |
|
11-1083
|
Mullen v. Hamlin (In re Hamlin)
Debtor may exempt funds in individual retirement account, which was inherited from non-spouse, from bankruptcy estate. |
Bankruptcy |
|
Feb. 23, 2012 |