| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S045078
|
People v. Clark
Witness-murder special circumstance applies where defendant did not have common criminal intent toward both victims upon initiation of first criminal act. |
Criminal Law and Procedure |
|
Aug. 30, 2011 | |
|
A130659
|
Sonoma County Employees’ Retirement Association v. Superior Court (The Press Democrat)
Retirement association is required to disclose names of persons receiving pension benefits and amount of benefits under County Employees Retirement Law. |
Government |
|
Aug. 30, 2011 | |
|
D058816
|
P.A., a Minor
Juvenile court must hold evidentiary hearing to reconcile competing paternity interests when child has both presumed and biological father. |
Judges |
|
Aug. 30, 2011 | |
|
06-73451
|
Aguilar-Turcios v. Holder
Order |
|
Aug. 30, 2011 | ||
|
08-17089
|
International Union of Painter and Allied Trades, District 15, Local 159 v. J&R Flooring Inc.
Union is entitled to arbitration regarding majority status where parties agreed upon such dispute resolution in collective bargaining agreement. |
Labor Law |
|
Aug. 30, 2011 | |
|
D058671
|
In re Hill
Counsel’s assistance is ineffective where she failed to obtain photographs of victim and expert to contradict prosecution expert's testimony. |
Criminal Law and Procedure |
|
Aug. 30, 2011 | |
|
B222906
|
Marriage of Cryer
Trial court properly declines to order severe reduction of child support where special circumstances warranted deviation from normal formula. |
Family Law |
|
Aug. 30, 2011 | |
|
B224042
|
People v. Le
Conviction for possession of ‘controlled substance’ is improper where prosecution failed to show MDMA, which was not listed in definition, qualified as controlled substance. |
Criminal Law and Procedure |
|
Aug. 30, 2011 | |
|
09-1101
|
Opinion of Harris
Water district may hold board meetings at its principal office, although office is located outside jurisdictional territory of district. |
Government |
|
Aug. 29, 2011 | |
|
09-902
|
Opinion of Harris
District attorney may not delegate independent authority to exercise administrative subpoena powers to county counsel, who may prosecute unfair competition law action. |
Government |
|
Aug. 29, 2011 | |
|
07-50408
|
U.S. v. Stinson
Venue is proper in district where defendant committed essential conduct of committing violent crime, even where physical element of crime occurred elsewhere. |
Criminal Law and Procedure |
|
Aug. 29, 2011 | |
|
09-16375
|
Valadez-Lopez v. Chertoff
Administrative exhaustion requirement is met where agency denied administrative tort claims six months after filing, but before complaint was amended to name U.S. as party. |
Administrative Agencies |
|
Aug. 29, 2011 | |
|
09-55586
|
Manufactured Home Communities Inc. v. County of San Diego
Anti-SLAPP motion to strike defamation claim is proper where plaintiff failed to show substance of statements at issue were false. |
Torts |
|
Aug. 29, 2011 | |
|
09-56372
|
Young v. County of Los Angeles
Use of intermediate force is unreasonable when officer detained suspect for minor infraction and suspect posed no threat to officer. |
Civil Rights |
|
Aug. 29, 2011 | |
|
10-15595
|
Harlick v. Blue Shield of California
Under Mental Health Parity Act, insurer is required to pay for residential care that is medically necessary treatment for severe mental illness. |
Insurance |
|
Aug. 29, 2011 | |
|
10-503
|
Opinion of Harris
Spouse’s financial interests are attributable to public officer spouse in determining conflicts of interest, even if premarital agreement specifies that no interest exists. |
Government |
|
Aug. 29, 2011 | |
|
G041948
|
Marriage of Margulis
Upon showing of value of community assets by nonmanaging spouse, burden shifts to managing spouse to prove proper disposition or lesser value of assets. |
Family Law |
|
Aug. 29, 2011 | |
|
A129646
|
Schenck v. County of Sonoma (Liquid Investments Inc.)
Failure to provide notice to agency regarding development project within its jurisdiction is not prejudicial where notice would not have impact on decision making process. |
Environmental Law |
|
Aug. 29, 2011 | |
|
A130956
|
Miguel C., a Minor
Court properly places child with previously noncustodial parent without first issuing order removing child from offending custodial parent. |
Juveniles |
|
Aug. 29, 2011 | |
|
10-16384
|
SEC v. Gewerter
Issuing court, rather than court where underlying action is pending, has authority to consider motions to quash subpoenas. |
Civil Procedure |
|
Aug. 29, 2011 | |
|
08-30381
|
U.S. v. Milovanovic
Order |
|
Aug. 26, 2011 | ||
|
B219485
|
City of Industry v. City of Fillmore
City, as ‘real party in interest,’ has standing to sue for another’s city’s alleged diversion of taxes and need not establish taxpayer standing. |
Government |
|
Aug. 26, 2011 | |
|
S076582
|
People v. Blacksher
Court does not err in relying on third report regarding defendant’s competency after previous reports yielded different results. |
Criminal Law and Procedure |
|
Aug. 26, 2011 | |
|
S045696
|
People v. Garcia
Defendant challenging grand jury selection process must make showing of purposeful discrimination, including statistical proof of substantial discrimination against suspect group. |
Criminal Law and Procedure |
|
Aug. 26, 2011 | |
|
S193990
|
Marriage of Valli
Order |
|
Aug. 26, 2011 | ||
|
S194121
|
Elk Hills Power v. Board of Equalization
Order |
|
Aug. 26, 2011 | ||
|
S194724
|
Kaiser Cement & Gypsum v. Insurance Company of the State of Pennsylvania
Order |
|
Aug. 26, 2011 | ||
|
S194921
|
In re J.D.
Order |
|
Aug. 26, 2011 | ||
|
S193822
|
People v. Gray
Order |
|
Aug. 26, 2011 | ||
|
S194007
|
Morning Star Company v. Board of Equalization
Order |
|
Aug. 26, 2011 |