| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B225494
|
People v. Hernandez
Evidence of prior uncharged sexual offenses is properly admitted where offenses involved similar incidents and passage of time did not affect evidence’s admissibility. |
Criminal Law and Procedure |
|
Nov. 11, 2011 | |
|
E052317
|
Lewis Operating Corp. v. Superior Court (Costahaude)
Agreement to waive liability for landlord's negligence is enforceable where waiver related to landlord’s operation of tenant-only health club. |
Real Property |
|
Nov. 11, 2011 | |
|
B227558
|
Californians Aware v. Joint Labor/Management Benefits Committee
Committee created for purpose of furthering collective bargaining process between district and unions is exempt from open meetings requirements under Ralph M. Brown Act. |
Labor Law |
|
Nov. 11, 2011 | |
|
09-15703
|
Lacey v. Maricopa County
Order |
|
Nov. 11, 2011 | ||
|
07-15386
|
Bauman v. Daimlerchrysler Corp.
Order |
|
Nov. 10, 2011 | ||
|
B224163
|
People v. Miranda
Manner in which child victim testified regarding sexual molestation is sufficient evidence to show her lack of capacity to consent to sexual acts. |
Criminal Law and Procedure |
|
Nov. 10, 2011 | |
|
B236076
|
Karen P. v. Superior Court (Andres P.)
Child who is subject of dependency petition does not waive physician-patient privilege by disclosing abuse to police and submitting to examination before filing of petition. |
Juveniles |
|
Nov. 10, 2011 | |
|
B227630
|
Beets v. County of Los Angeles
Wrongful death action alleging excessive force is not barred by third party’s criminal conviction where decedent was never convicted based on underlying facts. |
Civil Rights |
|
Nov. 10, 2011 | |
|
E052400
|
City of Riverside v. Inland Empire Patient’s Health and Wellness Center Inc.
State’s medical marijuana laws do not preempt city’s zoning ordinance, which banned medical marijuana dispensaries, where Legislature did not clearly indicate otherwise. |
Government |
|
Nov. 10, 2011 | |
|
B226724
|
Service Employees International Union Local 99 v. Options-A Child Care and Human Services Agency
General public may enforce provision requiring compliance with Ralph M. Brown Act as intended beneficiary of contract between state agency and service provider. |
Government |
|
Nov. 10, 2011 | |
|
A128726
|
Reliable Tree Experts v. Baker (California Dept. of Transportation)
Tree pruning and removal services performed along state highways constitute ‘maintenance work’ subject to Prevailing Wage Law. |
Employment Law |
|
Nov. 9, 2011 | |
|
10-637
|
Greene v. Fisher
Habeas relief is properly denied where state court’s adjudication of defendant’s claim on merits predated Supreme Court’s decision affecting defendant’s claim. |
Criminal Law and Procedure |
|
Nov. 9, 2011 | |
|
C064077
|
Marriage of Seaton
Under California and Nevada law, bigamous marriage is void from its inception, even if trial court has not declared marriage void. |
Family Law |
|
Nov. 9, 2011 | |
|
G043142
|
Jaramillo v. County of Orange
Court properly awards back pay for period of time between termination and employee's conviction of felony, which would have resulted in discharge anyway. |
Employment Law |
|
Nov. 9, 2011 | |
|
09-56965
|
Connecticut Retirement Plans and Trust Funds v. Amgen Inc.
When invoking fraud-on-the-market presumption for securities class action certification, plaintiff must prove trade in efficient market and that misrepresentations were public. |
Securities |
|
Nov. 9, 2011 | |
|
A129650
|
Metis Development LLC v. Bohacek
Trial court is obligated to issue statement of decision following order denying petition to compel arbitration of claims. |
Civil Procedure |
|
Nov. 9, 2011 | |
|
D057737
|
Roberts v. El Cajon Motors Inc.
Court properly finds party waived right to arbitration following five-month delay in filing motion to compel and failure to inform opposing party of intent. |
Civil Procedure |
|
Nov. 9, 2011 | |
|
B225086
|
Promenade at Playa Vista Homeowners Association v. Western Pacific Housing Inc.
Developer, which no longer had any ownership interest in complex, lacks standing to enforce arbitration provision in covenants, conditions, and restrictions. |
Real Property |
|
Nov. 9, 2011 | |
|
07-56722
|
Movsesian v. Versicherung AG
Order |
|
Nov. 8, 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 |
|
Nov. 8, 2011 | |
|
B224359
|
People v. Hall
Trial court may refuse to instruct jury on uncharged lesser-related offense even if both prosecution and defense have agreed that court could issue instruction. |
Criminal Law and Procedure |
|
Nov. 8, 2011 | |
|
10-9647
|
Jackson v. Hobbs, Dir., AR DOC
Order |
|
Nov. 8, 2011 | ||
|
F060582
|
Sanchez v. Strickland
Plaintiff may recover medical services rendered, billed, and later gratuitously written off by medical provider as benefit recoverable under collateral source rule. |
Torts |
|
Nov. 8, 2011 | |
|
10-1521
|
KPMG LLP v. Cocchi
Court must compel arbitration of claims subject to Federal Arbitration Act, even where complaint also includes nonarbitrable causes of action. |
Civil Procedure |
|
Nov. 8, 2011 | |
|
10-1540
|
Bobby v. Dixon
Murder confession is admissible despite prior unwarned admission to forgery where suspect initially denied involvement with victim's disappearance. |
Criminal Law and Procedure |
|
Nov. 8, 2011 | |
|
11-6391a
|
Buck v. Thaler
Order |
|
Nov. 8, 2011 | ||
|
11-6391s
|
Buck v. Thaler
Order |
|
Nov. 8, 2011 | ||
|
10-1032
|
Magner v. Gallagher
Order |
|
Nov. 8, 2011 | ||
|
10-9646
|
Miller v. Alabama
Order |
|
Nov. 8, 2011 | ||
|
06-71680
|
Gutierrez v. Holder
Immigration Judge is not limited to immediate present, but reasonable period of time, in assessing applicant’s good moral character for purposes of granting registry. |
Immigration |
|
Nov. 8, 2011 |