| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S066939
|
People v. Allen & Johnson
Court abuses its discretion in discharging jury where juror's statement as to doubts about strength of evidence did not conclusively establish prejudgment. |
Criminal Law and Procedure |
|
Dec. 6, 2011 | |
|
10-10245
|
U.S. v. Grant
Sentencing judge may not consider rehabilitation for purposes of imposing imprisonment upon revocation of defendant’s supervised release. |
Criminal Law and Procedure |
|
Dec. 6, 2011 | |
|
08-70343
|
Castro-Martinez v. Holder
Petitioner fails to demonstrate ‘past persecution’ for purposes of asylum based on childhood sexual abuse because private actors inflicted attack. |
Immigration |
|
Dec. 6, 2011 | |
|
C065804
|
People v. Wiidanen
No due process violation occurs where court gives permissive jury instruction because jury could reasonably conclude that defendant was aware of his guilt when making false statements. |
Criminal Law and Procedure |
|
Dec. 6, 2011 | |
|
C066827
|
Eggers Industries v. Flintco Inc.
Entity, which agrees with prime contractor to furnish custom products in accordance with project, is considered ‘subcontractor,’ even if it subcontracts manufacturing of products. |
Contracts |
|
Dec. 6, 2011 | |
|
D058491
|
Kaiser Foundation Hospitals v. Wilson
In deciding whether to issue restraining order to prevent workplace violence against employees, trial court must consider all relevant hearsay evidence. |
Civil Procedure |
|
Dec. 6, 2011 | |
|
B227954
|
Estate of Duke
Will is not ambiguous where testator only shows intent regarding disposition of property in event of wife’s simultaneous, but not previous, death. |
Probate and Trusts |
|
Dec. 6, 2011 | |
|
B225403
|
Lopez v. Nissan North America Inc.
Plaintiffs’ claim that car manufacturer overregistered mileage fails where manufacturer’s miscalibration of odometer was within applicable tolerance standard and not deliberate. |
Business Law |
|
Dec. 6, 2011 | |
|
10-15256
|
Strategic Diversity Inc. v. Alchemix Corp.
Securities claims are timely where, despite plaintiff’s inquiry notice, defendants failed to show how reasonably diligent plaintiff would discover subsequent violations. |
Securities |
|
Dec. 5, 2011 | |
|
11-73630
|
Andrich v. U.S. District Court, Central District of California (McMahan)
Under Crime Victims Rights Act, purported crime victims are not entitled to issuance of writ because trial judge properly denied motion to intervene at sentencing hearing. |
Criminal Law and Procedure |
|
Dec. 5, 2011 | |
|
F060971
|
People v. Hernandez
Medical director’s recommendation is not prerequisite for district attorney’s initiation of recommitment petition for parolee, who cannot remain in remission without treatment. |
Criminal Law and Procedure |
|
Dec. 5, 2011 | |
|
A131028
|
People v. Rauen
Court properly finds that defendant violated his probation terms based on conviction following no contest plea to criminal charges. |
Criminal Law and Procedure |
|
Dec. 2, 2011 | |
|
S196830
|
El-Attar v. Hollywood Presbyterian Medical Center
Order |
|
Dec. 2, 2011 | ||
|
S196711
|
People v. Garcia
Order |
|
Dec. 2, 2011 | ||
|
S196985
|
People v. Armstrong
Order |
|
Dec. 2, 2011 | ||
|
S197225
|
In re R.C.
Order |
|
Dec. 2, 2011 | ||
|
S196763
|
Bullock v. Philip Morris USA
Order |
|
Dec. 2, 2011 | ||
|
09-36051
|
Montana Wilderness Association v. McAllister
U.S. Forest Service must consider increased volume of motorized recreational use in determining whether wilderness character of designated area has been maintained. |
Environmental Law |
|
Dec. 2, 2011 | |
|
09-72059
|
Carrillo de Palacios v. Holder
Exception to inadmissibility, which allows aliens to seek readmission after 10 years since last departure, does not apply if alien fails to remain outside U.S. for over 10 years. |
Immigration |
|
Dec. 2, 2011 | |
|
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 |
|
Dec. 2, 2011 | |
|
B230580
|
Nungaray v. Litton Loan Servicing LP
Homeowner’s failure to meet obligation as precondition to receiving loan modification does not obligate bank to provide loan modification. |
Real Property |
|
Dec. 2, 2011 | |
|
B225443
|
People v. Arriaga
Court properly finds defendant was advised of immigration consequences when entering guilty plea where minute order and calendar deputy’s testimony supports such finding. |
Criminal Law and Procedure |
|
Dec. 2, 2011 | |
|
H036724
|
State Compensation Insurance Fund v. WCAB
Apportionment of permanent disability is required even if evaluating physician found that second injury was compensable consequence of first injury to same body part. |
Workers' Compensation |
|
Dec. 2, 2011 | |
|
H035037
|
Marriage of Guilardi
Family court properly dismisses wife’s request for pendente lite attorney fees based on implicit waiver of fees in marital settlement agreement. |
Family Law |
|
Dec. 2, 2011 | |
|
A127878
|
People v. Jerry Z.
Defendant is entitled to be relieved of sex offender registration requirement where denial of relief would violate plea bargain. |
Criminal Law and Procedure |
|
Dec. 1, 2011 | |
|
06-74703
|
Lezama-Garcia v. Holder
Applicant for adjustment of status under Section 202 of Nicaraguan Adjustment and Central American Relief Act does not abandon application by unintentionally crossing border. |
Immigration |
|
Dec. 1, 2011 | |
|
09-50426
|
U.S. v. Leal-Felix
Issuance of traffic citation, even if considered ‘arrest’ under state law, is not ‘formal arrest’ for purposes of calculating criminal history score under U.S. Sentencing Guidelines. |
Criminal Law and Procedure |
|
Dec. 1, 2011 | |
|
10-15637
|
Rosenbaum v. Washoe County
Officer, who had no probable cause to arrest defendant, is not entitled to qualified immunity based on later-discovered statute that could apply to case. |
Civil Rights |
|
Dec. 1, 2011 | |
|
11-55851
|
Developmental Services Network v. Douglas
Healthcare providers do not have cause of action relative to adequacy of rates received to challenge state implementation of Medicaid plan under federal law. |
Government |
|
Dec. 1, 2011 | |
|
F060260
|
Fantozzi Bros. v. San Joaquin Tomato Growers Inc.
Definition of ‘commission merchant’ under Food and Agricultural Code does not apply to owners of product sold on commission. |
Contracts |
|
Dec. 1, 2011 |