| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S085348
|
People v. Castaneda
Order |
|
Aug. 19, 2011 | ||
|
S194861
|
California Redevelopment Association v. Matosantos
Order |
|
Aug. 19, 2011 | ||
|
E051217
|
Martin v. Inland Empire Utilities Agency
Order granting anti-SLAPP motion with leave to amend constitutes functional equivalent of order denying motion. |
Civil Procedure |
|
Aug. 19, 2011 | |
|
B229451
|
J.H., a Minor
Denial of request for designation as presumed father is improper where juvenile court’s parentage ruling failed to determine biological paternity. |
Juveniles |
|
Aug. 19, 2011 | |
|
S194107
|
People v. Cottone
Order |
|
Aug. 19, 2011 | ||
|
C061560
|
People v. Mitchell
Sentence must be reduced where part of sentence was based on enhancement with which defendant was never charged and which he did not admit committing. |
Criminal Law and Procedure |
|
Aug. 19, 2011 | |
|
B218515
|
People v. Canizalez
Sufficient evidence supports second-degree murder conviction based on subjective awareness of risk of death that street racing created. |
Criminal Law and Procedure |
|
Aug. 19, 2011 | |
|
F060838
|
Templo Calvario Spanish Assembly of God v. Gardner Construction Corp.
Contract entered into by unlicensed contractor is not automatically illegal and void, and therefore, arbitrator may arbitrate dispute. |
Contracts |
|
Aug. 18, 2011 | |
|
A128443
|
The Villa Los Alamos Homeowners Association v. State Farm General Insurance Co.
Losses incurred due to asbestos disturbance are subject to coverage denial under property insurance policy containing pollution exclusion. |
Insurance |
|
Aug. 18, 2011 | |
|
08-15943
|
Souliotes v. Evans
Order |
|
Aug. 18, 2011 | ||
|
09-36130
|
Ammons v. State of Washington Dept. of Social and Health Services
Hospital administrator is not entitled to qualified immunity from suit alleging due process violation where she knew about accusations of sexual abuse against staff member. |
Constitutional Law |
|
Aug. 18, 2011 | |
|
09-56447
|
Oliver v. Ralphs Grocery Co.
Plaintiff must identify barriers that constitute grounds for discrimination claim under Americans with Disabilities Act in complaint itself, rather than expert report. |
Civil Rights |
|
Aug. 18, 2011 | |
|
10-15167
|
Miranda v. Braatz
Tribal courts may impose up to one-year term of imprisonment for each discrete criminal violation even though crimes arose out of single transaction. |
Native American Affairs |
|
Aug. 18, 2011 | |
|
10-15180
|
Yonemoto v. Dept. of Veterans Affairs
Agency fails to comply with Freedom of Information Act by disclosing records to requester only in his capacity as employee of that agency. |
Government |
|
Aug. 18, 2011 | |
|
A129396
|
Thomson v. Canyon
Parole evidence rule does not preclude evidence of oral reconveyance agreement, which seller offered to establish real estate agent's breach of fiduciary duty. |
Real Property |
|
Aug. 18, 2011 | |
|
B222596
|
Bullock v. Philip Morris USA Inc.
Multi-million dollar punitive damages award against cigarette manufacturer is not unconstitutionally excessive where company's conduct was highly reprehensible. |
Torts |
|
Aug. 18, 2011 | |
|
A130540
|
Zelasko-Barrett v. Brayton-Purcell LLP
Professional exemption from overtime pay applies to law school graduate performing legal services, who was not yet licensed to practice law. |
Employment Law |
|
Aug. 18, 2011 | |
|
09-56395
|
Dougherty v. City of Covina
Search warrant lacks probable cause where insufficient nexus exists between allegations of sexual molestation at defendant’s workplace and search for child pornography. |
Civil Rights |
|
Aug. 17, 2011 | |
|
S194861
|
California Redevelopment Association v. Matosantos
Order |
|
Aug. 17, 2011 | ||
|
B226327
|
People v. Meza
Court has discretion to grant motion to correct error where prosecution’s omission of evidence regarding tolling of statute of limitations is ‘minor.’ |
Criminal Law and Procedure |
|
Aug. 17, 2011 | |
|
B217011
|
Barrese v. Murray
60-day limit on court's power to rule on motion for new trial does not apply where appellate court remands case for further proceedings on motion. |
Civil Procedure |
|
Aug. 17, 2011 | |
|
B217764
|
Rogers v. County of Los Angeles
Employee’s claim of interference with medical leave is barred where employee failed to return to work upon end of her 12-week protected leave. |
Employment Law |
|
Aug. 17, 2011 | |
|
08-17091
|
Nevada Dept. of Corrections v. Greene
Prison’s ban on personal possession of typewriters does not infringe inmates’ due process rights where ban was enacted to advance safety goal. |
Prisoners Rights |
|
Aug. 16, 2011 | |
|
10-16715
|
In Defense of Animals v. U.S. Dept. of the Interior
Interlocutory appeal of denial of preliminary injunction, which sought to prevent roundup of wild horses, is rendered moot because roundup already took place. |
Environmental Law |
|
Aug. 16, 2011 | |
|
S160211
|
Voices of the Wetlands v. State Water Resources Control Board (Duke Energy Moss Landing LLC)
State Regional Water Board uses proper cost-benefit analysis in determining whether thermal power plant used best technology available to minimize environmental impacts. |
Environmental Law |
|
Aug. 16, 2011 | |
|
10-35751
|
Howard v. Criminal Information Services Inc.
Under Driver's Privacy Protection Act, businesses may purchase and stockpile driver record information for permitted uses under statute. |
Business Law |
|
Aug. 16, 2011 | |
|
10-50336
|
U.S. v. Vasquez
Affidavit and warrant are sufficient where documents to be seized were sought to show evidence of criminal activity, not membership in organization. |
Criminal Law and Procedure |
|
Aug. 16, 2011 | |
|
C065219
|
People v. Keister
Statute prohibiting sexual contact with minor, which does not require specific intent to commit immediate sex act, does not unconstitutionally restrict right to travel. |
Criminal Law and Procedure |
|
Aug. 16, 2011 | |
|
G044654
|
C.F., a Minor
Aggrieved party must exhaust administrative remedies before filing petition for writ of mandamus seeking change in agency’s findings in child abuse report. |
Juveniles |
|
Aug. 16, 2011 | |
|
10-1253
|
Ellsworth v. Lifescape Medical Associates P.C. (In Re Ellsworth)
Bankruptcy court may dismiss chapter 13 filing with prejudice where debtor caused undue delay that prejudiced specific creditor and acted in bad faith. |
Bankruptcy |
|
Aug. 15, 2011 |