| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
08-99016
|
James v. Schriro
Counsel’s failure to investigate and present mitigating evidence of defendant’s life history, mental incapacity, and substance abuse constitutes deficient performance. |
Criminal Law and Procedure |
|
Oct. 12, 2011 | |
|
B226848
|
People v. Valenzuela
Trial court does not have duty to give instruction on imperfect self-defense because defendant’s fear of harm from gang members was not unreasonable. |
Criminal Law and Procedure |
|
Oct. 12, 2011 | |
|
G044105
|
Nicholas Laboratories LLC v. Chen
Employer is not required to indemnify former employee for attorney fees incurred by employee during successful defense of action brought by employer. |
Employment Law |
|
Oct. 12, 2011 | |
|
C061536
|
People v. Davis
Reports prepared by nontestifying physicians are not 'testimonial' out-of-court statements and as such, they are admissible under Sixth Amendment. |
Criminal Law and Procedure |
|
Oct. 12, 2011 | |
|
10-1320
|
Blueford v. Arkansas
Order |
|
Oct. 11, 2011 | ||
|
10-1042
|
Freeman v. Quicken Loans, Inc.
Order |
|
Oct. 11, 2011 | ||
|
10-10652
|
Johnson v. Obama
Order |
|
Oct. 11, 2011 | ||
|
11-5094
|
Replogle v. United States
Order |
|
Oct. 11, 2011 | ||
|
07-70638
|
Meza-Vallejos v. Holder
Petitioner may file motion affecting request for voluntary departure on first business day following voluntary departure period where expiration date fell on Saturday. |
Immigration |
|
Oct. 11, 2011 | |
|
B225796
|
Ross v. California Coastal Commission (Malibu Bay Co.)
Five-foot buffer for dune environmentally sensitive habitat area adjacent to beachfront development does not conflict with city’s development standards. |
Environmental Law |
|
Oct. 11, 2011 | |
|
B232495
|
Western Heritage Insurance Co. v. Superior Court (Parks)
As intervener, insurer has right to assert all defenses that otherwise would be available to insured parties whether as to liability or damages. |
Insurance |
|
Oct. 11, 2011 | |
|
B230791
|
Johnson v. Metropolitan News Co.
Newspaper need not be 'printed' exclusively in one city to qualify as newspaper of general circulation, and is 'printed' where circulation copies are mechanically produced. |
Government |
|
Oct. 11, 2011 | |
|
D057997
|
In re Rodriguez
Board’s finding of unsuitability for parole is supported by some evidence where defendant refused to speak about crime and lacked insight into motivation for murder. |
Criminal Law and Procedure |
|
Oct. 10, 2011 | |
|
H035576
|
Dollinger DeAnza Associates v. Chicago Title Insurance Co.
Title insurer properly denies coverage for losses incurred when purchaser withdrew from agreement to buy parcel after learning of notice of merger. |
Insurance |
|
Oct. 9, 2011 | |
|
F059511
|
In re Cabrera
Inmate’s possession of drawings signed by gang affiliate does not show direct link between two to support inmate’s validation as gang member. |
Criminal Law and Procedure |
|
Oct. 9, 2011 | |
|
F060219
|
Greg Opinski Construction Inc. v. City of Oakdale
Based on required procedure for requesting extension, contractor must give notice of intent to avoid effect of failure to perform due to other party's failure. |
Contracts |
|
Oct. 6, 2011 | |
|
E051131
|
People v. Quiroz
Probation condition requiring defendant to submit record of income and expenditures is not overbroad where imposed to assure defendant makes progress in paying restitution. |
Criminal Law and Procedure |
|
Oct. 6, 2011 | |
|
B228781
|
Pack v. Superior Court (City of Long Beach)
Federal law preempts provisions of city's ordinance, which permit and regulate medical marijuana collectives, rather then merely decriminalizing specific acts. |
Government |
|
Oct. 5, 2011 | |
|
09-55233
|
Starr v. County of Los Angeles
Order |
|
Oct. 5, 2011 | ||
|
B226977
|
Yuin University v. Korean Broadcasting System
Broadcast’s statements describing school as ‘vacant, suspected degree factory’ are not defamatory where used as hyperbolic speech in support of program’s opinion. |
Torts |
|
Oct. 5, 2011 | |
|
08-99007
|
Carrera v. Ayers
Ineffective assistance claim fails where petitioner did not prove that failure to raise challenge to discharge venire based on alleged group-based peremptory challenges was unreasonable. |
Criminal Law and Procedure |
|
Oct. 4, 2011 | |
|
09-56498
|
Rickley v. County of Los Angeles
Successful civil rights plaintiff may recover reasonable attorney fee award for legal services performed by attorney-spouse. |
Civil Rights |
|
Oct. 4, 2011 | |
|
H035333
|
Kerkeles v. City of San Jose
Officer is not entitled to qualified immunity from civil rights action based on use of false report in preliminary hearing, even if plaintiff was never incarcerated. |
Civil Rights |
|
Oct. 4, 2011 | |
|
H035246
|
Fresh Express Inc. v. Beazley Syndicate 2623/623 at Lloyd’s
E. coli outbreak is not ‘insured event’ under policy where policy’s plain language restricted recoverable losses to those incurred as direct result of insured’s error. |
Insurance |
|
Oct. 4, 2011 | |
|
B228686
|
Lanigan v. City of Los Angeles
Waiver of right to protections under Public Safety Officers Procedural Bill of Rights Act is permissible in context of settlement of pending disciplinary action. |
Government |
|
Oct. 4, 2011 | |
|
E050725
|
People v. Larkins
Lay opinion testimony identifying defendant in videos has sufficient foundation for admissibility where identifier matched photo and name to videos. |
Criminal Law and Procedure |
|
Oct. 4, 2011 | |
|
10-755
|
Dallas County, TX, et al. v. TX Democratic Party
Order |
|
Oct. 3, 2011 | ||
|
10-1183
|
Dallas County, TX, et al. v. TX Democratic Party
Order |
|
Oct. 3, 2011 | ||
|
10-1202
|
Chinese Daily News, Inc. v. Wang
Order |
|
Oct. 3, 2011 | ||
|
10-1262
|
China Terminal v. Willemsen
Order |
|
Oct. 3, 2011 |