| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S199534
|
Gonzalez v. Southern California Gas Co.
Order |
|
Feb. 23, 2012 | ||
|
S048337
|
People v. Thomas
Separate murder charge is properly joined with charges related to killing of police officers because each involved murder and there was no clear showing of prejudice. |
Criminal Law and Procedure |
|
Feb. 23, 2012 | |
|
07-56722
|
Movsesian v. Victoria Versicherung AG
California’s jurisdiction over insurance claims brought by Armenian Genocide victims is preempted by federal government’s exclusive power to conduct foreign affairs. |
Constitutional Law |
|
Feb. 23, 2012 | |
|
10-15152
|
Haskell v. Harris
Law enforcement’s collection of DNA samples from felony arrestees, including individuals who were not ultimately convicted, does not violate Fourth Amendment. |
Civil Rights |
|
Feb. 23, 2012 | |
|
H034104
|
Marriage of Falcone and Fyke
Party to dissolution proceeding, who prosecuted groundless claims and appeals in propria persona, is vexatious litigant even if appeals are not yet final. |
Civil Procedure |
|
Feb. 23, 2012 | |
|
B229946
|
Glen Oaks Estates Homeowners Association v. Re/Max Premier Properties Inc.
Homeowners' association has standing to pursue action against realtors for concealment or misrepresentation in matter pertaining to damage to common area. |
Real Property |
|
Feb. 23, 2012 | |
|
D056954
|
People v. Haraszewski
Defendant may be convicted of multiple violations for each act of knowing duplication of child pornography with intent to distribute to minors. |
Criminal Law and Procedure |
|
Feb. 23, 2012 | |
|
B232607
|
People v. Kunath
If concurrent sentences are imposed for unrelated crimes, defendant is entitled to presentence credits on each sentence where he is not also in postsentence custody for other crime. |
Criminal Law and Procedure |
|
Feb. 23, 2012 | |
|
B226256
|
People v. Mata
Court errs in reseating prospective juror, who prosecution improperly challenged based on race, instead of discharging venire, where defendant did not consent to reseating. |
Criminal Law and Procedure |
|
Feb. 23, 2012 | |
|
B223542
|
Shoyoye v. County of Los Angeles
Although over-detention beyond time lawfully permitted due to clerical error is wrongful, it does not amount to egregious interference with constitutional right. |
Civil Rights |
|
Feb. 23, 2012 | |
|
B232899
|
Lin v. Jeng
In partition action where plaintiffs received title as trustees of resulting trust, court's apportionment of attorney fees to defendants is equitable. |
Real Property |
|
Feb. 23, 2012 | |
|
B227958
|
People v. Colvin
Qualified patient operating legitimate dispensary is entitled to defense on charge of transporting marijuana from one dispensary to another for medical purposes. |
Criminal Law and Procedure |
|
Feb. 23, 2012 | |
|
B224456
|
Hotels Nevada v. L.A. Pacific Center Inc.
Court properly compels arbitration of dispute where party agreed to arbitrate dispute if it failed to prove its affirmative defense to arbitration. |
Civil Procedure |
|
Feb. 22, 2012 | |
|
10-577
|
Kawashima v. Holder
Filing of false tax return that caused government loss in excess of $10,000 constitutes aggravated felony and serves as grounds for deportation. |
Immigration |
|
Feb. 22, 2012 | |
|
10-680
|
Howes v. Fields
Isolation of prisoner for questioning about criminal involvement prior to incarceration is insufficient to create custodial interrogation situation within meaning of ‘Miranda.’ |
Criminal Law and Procedure |
|
Feb. 22, 2012 | |
|
11-38
|
Wetzel v. Lambert
State court's decision that potentially exculpatory police activity sheet was mere ambiguously worded notation and too speculative is reasonable. |
Criminal Law and Procedure |
|
Feb. 22, 2012 | |
|
11-391
|
Marmet Health Care Center Inc. v. Brown
State’s prohibition of predispute arbitration of claims against nursing homes for wrongful death or personal injury is preempted by Federal Arbitration Act. |
Torts |
|
Feb. 22, 2012 | |
|
11-345
|
Fisher v. University of Texas at Austin, et al.
Order |
|
Feb. 22, 2012 | ||
|
11-626
|
Lozman v. Riviera Beach, FL
Order |
|
Feb. 22, 2012 | ||
|
10-16727
|
United States v. $133,420.00 in United States Currency
Plaintiff in civil forfeiture action lacks standing where he asserted ownership of seized money without explaining how he came to possess seized money. |
Civil Procedure |
|
Feb. 22, 2012 | |
|
08-55404
|
Mardesich v. Cate
Defendant untimely files claims for habeas relief where they are predicated upon denial of administrative appeal, which became final 18 months prior to filing. |
Criminal Law and Procedure |
|
Feb. 22, 2012 | |
|
B225024
|
People v. Sanders
Defendant's admission of allegations set forth in involuntary civil commitment proceeding under Sexually Violent Predators Act waives constitutional right to speedy trial. |
Criminal Law and Procedure |
|
Feb. 22, 2012 | |
|
F060148
|
City of Clovis v. County of Fresno
Fresno County may take advantage of new, lower interest rate when calculating refunds to cities for collecting and processing property taxes. |
Taxation |
|
Feb. 21, 2012 | |
|
E055810
|
People v. Mbaabu
Defendant is not entitled to relief where his plea exposed him to deportation but his attorney failed to admonish him of immigration consequences of plea. |
Criminal Law and Procedure |
|
Feb. 21, 2012 | |
|
A132798
|
People v. McCloud
Provision of Sexually Violent Predator Act that allows judges to deny petitions as ‘frivolous’ may violate equal protection by disparately treating similarly situated persons. |
Criminal Law and Procedure |
|
Feb. 21, 2012 | |
|
C071506
|
Howard Jarvis Taxpayers Association v. Bowen
Legislature may not name empty spot bills in budget bill, only to fill those bills with content as urgency legislation after budget bill passes. |
Government |
|
Feb. 21, 2012 | |
|
F063840
|
People v. Torres
Defendant must serve her entire sentence in state prison, not county jail, where county sentence ran in conjunction with sentence she was already serving in state prison. |
Criminal Law and Procedure |
|
Feb. 21, 2012 | |
|
C065522
|
Alameda County Flood Control v. Dept. of Water Resources
Contractors unsucessfully challenge Dept. of Water Resources' method of crediting water recipients with revenues from Oroville Dam hydropower. |
Environmental Law |
|
Feb. 21, 2012 | |
|
08-71277
|
Latter-Singh v. Holder
Conviction for making threats 'with intent to terrorize' constitutes crime involving moral turpitude, which renders alien ineligible for relief from removal. |
Immigration |
|
Feb. 21, 2012 | |
|
10-17059
|
Turtle Island Restoration Network v. United States Dept. of State
Res judicata bars environmental group’s challenge to certification process involving countries exempted from general ban on shrimp imports. |
Environmental Law |
|
Feb. 21, 2012 |