| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B236792
|
In re David
Parole residence restriction, which required parolee to live at least 35 miles away from victim, does not apply to victim's next of kin. |
Criminal Law and Procedure |
|
Jan. 9, 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 |
|
Jan. 9, 2012 | |
|
11-30030
|
U.S. v. Russell
Officer’s request to conduct search of person for narcotics, along with suspect’s voluntary consent to search, encompasses groin area. |
Criminal Law and Procedure |
|
Jan. 6, 2012 | |
|
09-16662
|
Sierra Pacific Power Company v. Hartford Steam Boiler Inspection & Insurance Co.
Order |
|
Jan. 6, 2012 | ||
|
S182042
|
People v. Maultsby
Defendant, who pled not guilty and appealed only his admission of prior conviction, may appeal without obtaining certificate of probable cause. |
Criminal Law and Procedure |
|
Jan. 6, 2012 | |
|
D060294
|
Jennifer R. v. Superior Court (San Diego County Health and Human Services Agency)
Agency fails to provide reasonable reunification services to mother because case plan did not include substance abuse treatment despite knowledge of problem. |
Family Law |
|
Jan. 6, 2012 | |
|
D057677
|
Marriage of Sorge
Divorced parties do not have continuing fiduciary duty to disclose all material facts related to income after court has entered final custody and support order. |
Family Law |
|
Jan. 6, 2012 | |
|
H035818
|
The Flanders Foundation v. City of Carmel-by-the-Sea
City is not required to consider environmental impacts from use of property as affordable housing where such use is not reasonably foreseeable. |
Environmental Law |
|
Jan. 5, 2012 | |
|
D060294
|
Jennifer R. v. Superior Court (San Diego County Health and Human Services Agency)
Agency fails to provide reasonable reunification services to mother because case plan did not include substance abuse treatment despite knowledge of problem. |
Family Law |
|
Jan. 5, 2012 | |
|
A131440
|
Arnold v. Mutual of Omaha Insurance Co.
Nonexclusive insurance agent is not entitled to employee benefits because no employer-employee relationship exists if agent is not monitored or supervised. |
Employment Law |
|
Jan. 4, 2012 | |
|
10-1192
|
Bay Federal Credit Union v. Ong (In re Ong)
Court lacks authority to scrutinize reaffirmation agreement where debtor is represented by counsel, agreement complied with statute, and no undue hardship existed. |
Bankruptcy |
|
Jan. 4, 2012 | |
|
11-1258
|
De La Salle v. U.S. Bank, N.A. as Trustee for the Certificateholders of Structured Adjustable Rate Mortgage Loan Trust (In re De La Salle)
Creditors are parties in interest with standing to convert or dismiss under Bankruptcy Code Section 1307(c), even if their claims are still pending. |
Bankruptcy |
|
Jan. 4, 2012 | |
|
11-1005
|
Benafel v. One West Bank FSB (In re Benafel)
In determining whether real property is debtor’s principal residence for purposes of entitlement to protection from modification, petition date should be used. |
Bankruptcy |
|
Jan. 4, 2012 | |
|
11-80086
|
State of Arizona, ex rel v. Countrywide Financial Corporation
Order |
|
Jan. 4, 2012 | ||
|
C065744
|
Wisdom v. AccentCare Inc.
Employer’s binding arbitration agreement is unenforceable where employer presented it as condition of employment and it lacked mutuality of obligation. |
Contracts |
|
Jan. 4, 2012 | |
|
C066130
|
Stebley v. Litton Loan Servicing
Plaintiffs’ claim that defendants failed to fully explore alternatives to foreclosure fails because statute does not provide for relief following foreclosure sale. |
Real Property |
|
Jan. 3, 2012 | |
|
A126374
|
Orthopedic Systems Inc. v. Schlein
Court errs in excluding profits gained by company that misappropriated doctor’s name from jury’s special verdict award. |
Civil Procedure |
|
Jan. 3, 2012 | |
|
10-50528
|
U.S. v. Rodriguez-Ocampo
Order of removal that provided no opportunity for judicial review may not be used to support 16-level sentencing enhancement under U.S.S.G. Section 2L1.2(b). |
Criminal Law and Procedure |
|
Jan. 3, 2012 | |
|
08-509
|
Opinion of Harris (08-509)
School counselors are permitted, but not required, to disclose students' confidential medical information to avert harm. |
Education |
|
Jan. 3, 2012 | |
|
10-901
|
Opinion of Harris (10-901)
Although State Council on Developmental Disabilities may establish its quorum via bylaw, quorum may not been set at less than 16 members. |
Government |
|
Jan. 3, 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. 3, 2012 | |
|
S194861
|
California Redevelopment Association v. Matosantos
Redevelopment agencies are not immune from dissolution by Legislature and future operation of agencies may not be conditioned on payment into funds benefiting state. |
Constitutional Law |
|
Dec. 30, 2011 | |
|
S188655
|
In re Shaputis
Reviewing court may not reweigh evidence in rejecting Board of Parole Hearings’s finding of inmate’s unsuitability for parole. |
Criminal Law and Procedure |
|
Dec. 30, 2011 | |
|
C062060
|
Portico Management Group LLC v. Harrison
Arbitration judgment against trust is unenforceable because trusts are not valid judgment debtors. |
Contracts |
|
Dec. 30, 2011 | |
|
C064954
|
Gray1 CPB LLC v. Kolokotronis
Summary adjudication in lender’s favor is proper where ‘Continuing Guaranty’ document, which defaulting party signed as guarantor, constitutes valid guaranty. |
Contracts |
|
Dec. 30, 2011 | |
|
S156555
|
Harris v. Superior Court (Liberty Mutual Insurance Co.)
In determining whether certain insurance claims adjusters are exempt employees, not entitled to overtime pay, court improperly relies on administrative/production worker dichotomy. |
Employment Law |
|
Dec. 30, 2011 | |
|
97-70037
|
Northern Plains Resource Council Inc. v. The Surface Transportation Board
Surface Transportation Board fails to take requisite 'hard look' at environmental impacts prior to approving applications to build railroad line for hauling coal. |
Environmental Law |
|
Dec. 30, 2011 | |
|
09-16676
|
Hepting v. AT&T Corp.
Section 802 of Foreign Intelligence Surveillance Act, which grants immunity to telecommunication companies assisting government, is constitutional. |
Constitutional Law |
|
Dec. 30, 2011 | |
|
09-17133
|
McMurray v. Verizon Communications Inc.
Claim for unconstitutional taking is premature where plaintiffs failed to first avail themselves of available process for obtaining compensation for alleged taking. |
Government |
|
Dec. 30, 2011 | |
|
10-15616
|
Jewel v. National Security Agency
Plaintiff can establish standing to sue federal government for illegal telecommunications surveillance because claims were highly specific and alleged concrete harms. |
Civil Procedure |
|
Dec. 30, 2011 |