| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S198327
|
People v. Kingsberry
Order |
|
Feb. 3, 2012 | ||
|
S192245
|
People v. Mayhan
Order |
|
Feb. 3, 2012 | ||
|
S192459
|
People v. Rankin
Order |
|
Feb. 3, 2012 | ||
|
S192854
|
People v. Prado
Order |
|
Feb. 3, 2012 | ||
|
S193289
|
People v. Robinson
Order |
|
Feb. 3, 2012 | ||
|
S093754
|
People v. Brents
Jury instruction for kidnapping special circumstance allegation that required finding that murder was committed to carry out assault results in prejudicial error. |
Criminal Law and Procedure |
|
Feb. 3, 2012 | |
|
S027094
|
People v. Elliott
Inconsistencies in initial description of perpetrator do not warrant reversal where jury found witnesses credible and sufficient evidence supported conviction. |
Criminal Law and Procedure |
|
Feb. 3, 2012 | |
|
09-55272
|
Fair Housing Council of San Fernando Valley v. Roommate.com LLC
Internet-based business that facilitated discriminatory roommate searches does not violate laws that prohibit discrimination in connection with rental of dwelling. |
Constitutional Law |
|
Feb. 3, 2012 | |
|
H036621
|
Marriage of Walker
Former teacher's disability allowance constitutes separate property because it replaced lost earnings during period of his preretirement disability. |
Family Law |
|
Feb. 3, 2012 | |
|
H036624
|
Eiskamp v. Pajaro Valley Water Management Agency
Res judicata bars relitigation of issues involving validity of augmentation charges imposed under ordinance, which were resolved by prior stipulated agreement. |
Civil Procedure |
|
Feb. 3, 2012 | |
|
11-17255a
|
Perry v. Brown
In Prop. 8 trial, court improperly orders unsealing of recording when trial judge assured that recording would not be publicly broadcast. |
Civil Procedure |
|
Feb. 3, 2012 | |
|
H035712
|
Marriage of Wahl and Perkins
Sanctions award is upheld where appellant repeatedly failed to comply with custody and visitation order and frustrated settlement of litigation. |
Family Law |
|
Feb. 3, 2012 | |
|
A122573
|
Transport Insurance Co. v. TIG Insurance Co.
Under invited error doctrine, plaintiff may not seek to reverse verdict based on faulty jury instructions where plaintiff agreed to and supported use of instructions. |
Civil Procedure |
|
Feb. 3, 2012 | |
|
B230095
|
Sierra Club v. California Dept. of Parks and Recreation
Petition to compel amendment of general development plan to ban off-highway vehicle activity on land tract is properly denied where plaintiff failed to allege ministerial duty. |
Environmental Law |
|
Feb. 3, 2012 | |
|
F061775
|
Lane v. Valverde
Breath test is valid although police officer failed to test accuracy within necessary 10-day period when breath test occurred before 10 days elapsed. |
Criminal Law and Procedure |
|
Feb. 2, 2012 | |
|
F061770
|
Neves v. California Dept. of Corrections and Rehabilitation
Notice advising correctional officer of recommended penalty does not trigger 30-day notice, which Dept. was required to give prior to imposing discipline. |
Employment Law |
|
Feb. 2, 2012 | |
|
10-50501
|
U.S. v. Noriega-Perez
Property owner, who rented houses for use in smuggling operation, is properly convicted of aiding and abetting smuggling of aliens into U.S. |
Criminal Law and Procedure |
|
Feb. 2, 2012 | |
|
10-56219
|
GECCMC 2005-C1 Plummer Street Office Limited v. JP Morgan Chase Bank
Nonparty to ‘purchase and assumption agreement’ between FDIC and purchaser of failed bank's assets lacks standing to enforce terms of agreement. |
Government |
|
Feb. 2, 2012 | |
|
B227000
|
Maxton v. Western States Metals
Absent extraordinary circumstances, suppliers of raw materials are not liable for injuries suffered by manufacturers' employees due to use of raw materials. |
Torts |
|
Feb. 2, 2012 | |
|
B221409
|
Santillan v. The Roman Catholic Bishop of Fresno
In childhood sexual abuse case, court properly instructs jury that use of ambiguous evidence of molestation is insufficient for purposes of notice requirement in revival statute. |
Torts |
|
Feb. 2, 2012 | |
|
09-71571
|
Henriquez-Rivas v. Holder
Order |
|
Feb. 1, 2012 | ||
|
10-35832
|
Family PAC v. McKenna
Election law that prohibited contribution within 21 weeks of general election is invalid because it is not closely related to state’s important informational interest. |
Government |
|
Feb. 1, 2012 | |
|
C062517
|
Welch v. California State Teachers' Retirement Board
Former teacher does not have reasonable opportunity to develop evidence of disability where she was misinformed of eligibility for disability retirement benefits. |
Education |
|
Feb. 1, 2012 | |
|
D060636
|
T.W., a Minor
Denial of petition to remove minor from prospective adoptive parent’s home is abuse of discretion where court failed to consider criminal history of foster brother. |
Juveniles |
|
Feb. 1, 2012 | |
|
G044718
|
Chaaban v. Wet Seal Inc.
Under Code of Civil Procedure Section 998, defendant may recover amount paid by defendant to plaintiff's expert from non-settling plaintiff. |
Civil Procedure |
|
Feb. 1, 2012 | |
|
10-50376
|
U.S. v. Casasola
Law requiring naturalization of both parents before child is granted derivative citizenship is constitutional because it protected general rights of both parents. |
Immigration |
|
Jan. 31, 2012 | |
|
A129896
|
Citizens for East Shore Parks v. California State Lands Commission (Chevron U.S.A. Inc.)
Additional mitigation measures are not required under public trust doctrine where State Lands Commission complied with CEQA and there were no changes in public trust use. |
Environmental Law |
|
Jan. 31, 2012 | |
|
G044429
|
C9 Ventures v. SVC-West L.P.
Enforceable oral contract for lease of helium-filled tanks is governed by ‘Leases’ portion of California UCC, rather than ‘Sale of Goods’ portion. |
Contracts |
|
Jan. 31, 2012 | |
|
S186661
|
People v. Cravens
Court finds sufficient evidence to support conviction for second degree murder on implied malice theory where defendant sucker punched victim, causing death. |
Criminal Law and Procedure |
|
Jan. 31, 2012 | |
|
S188619
|
People v. Johnson
Court properly denies defendant right to self-representation where defendant is competent to stand trial, but not to conduct trial proceedings himself. |
Criminal Law and Procedure |
|
Jan. 31, 2012 |