| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
A130478
|
Fontenot v. Wells Fargo Bank N.A.
Nominee has authority to assign promissory note secured by deed of trust in property where nominee acted for lender with assignable interest. |
Real Property |
|
Aug. 15, 2011 | |
|
H035659
|
Marriage of Bodo
‘Material’ change in circumstances is same as ‘substantial’ change in circumstances for purposes of modifying child support. |
Family Law |
|
Aug. 15, 2011 | |
|
06-73369
|
Pinto v. Holder
BIA decision denying relief from removal but remanding case for voluntary departure proceedings remains reviewable as final order of removal. |
Immigration |
|
Aug. 15, 2011 | |
|
08-56283
|
Association for Los Angeles Deputy Sheriffs v. County of Los Angeles
County is required to provide post-suspension hearings to officers, even where they resigned following suspension before any post-suspension hearings occurred. |
Government |
|
Aug. 15, 2011 | |
|
10-50041
|
U.S. v. Marguet-Pillado
Denial of criminal defendant’s proposed jury instruction regarding derivative citizenship based on belief that issue was precluded is erroneous. |
Criminal Law and Procedure |
|
Aug. 15, 2011 | |
|
10-55037
|
United States v. Corinthian Colleges
Inclusion of recruiter performance rating does not conclusively determine whether institution’s compensation method falls within Higher Education Act’s safe harbor provision. |
Torts |
|
Aug. 15, 2011 | |
|
10-56374
|
Baldwin v. Sebelius
Challengers to 'individual mandate' provision in Patient Protection and Affordable Care Act lack standing because they failed to allege injury in fact or genuine threat of prosecution. |
Constitutional Law |
|
Aug. 15, 2011 | |
|
D057852
|
Carter v. Prime Healthcare Paradise Valley LLC
Plaintiff’s failure to prove that caretaker’s neglect as to elderly father amounted to egregious conduct defeats elder abuse claim under Elder Abuse Act. |
Torts |
|
Aug. 15, 2011 | |
|
C062191
|
People v. Smith
Extension of limitations period for prosecution of defendant, who committed lewd act on child under 14, is proper where evidence corroborates crime of substantial sexual conduct. |
Criminal Law and Procedure |
|
Aug. 15, 2011 | |
|
S193945
|
People v. Nemati
Order |
|
Aug. 12, 2011 | ||
|
S193938
|
People v. Park
Order |
|
Aug. 12, 2011 | ||
|
S194563
|
Kaiser Foundation Health Plan v. Superior Court (Rahm)
Order |
|
Aug. 12, 2011 | ||
|
S185736
|
Raley (David) on Habeas Corpus
Order |
|
Aug. 12, 2011 | ||
|
S072316
|
People v. Gonzales
Although prosecutor’s emotional remarks were improperly allowed, conviction is reasonable due to substantial evidence of horrendous murder. |
Criminal Law and Procedure |
|
Aug. 12, 2011 | |
|
F061153
|
Rolando S., a Minor
Use of victim’s email password to gain access and post obscene messages to her social networking account constitutes identity theft. |
Juveniles |
|
Aug. 12, 2011 | |
|
S179194
|
Baker v. WCAB
Annual cost of living adjustments for permanent disability indemnity are to be applied prospectively commencing on Jan. 1 of year following date of injured worker’s eligibility. |
Workers' Compensation |
|
Aug. 12, 2011 | |
|
S179422
|
People v. Lowery
Criminal statute that prohibits 'willful' threats of violence against crime victims does not violate First Amendment where statute targeted 'true threats.' |
Criminal Law and Procedure |
|
Aug. 12, 2011 | |
|
S068863
|
People v. Scott
Joinder of murder count with other serious charges is proper because evidence was cross-admissible to prove defendant's plan, scheme, and identity. |
Criminal Law and Procedure |
|
Aug. 12, 2011 | |
|
B226903
|
People v. Torres
Sufficient evidence supports conviction for bringing alcohol into jail facility where inmates retrieved alcohol from trash cash following drop off by delivery person. |
Criminal Law and Procedure |
|
Aug. 12, 2011 | |
|
S065720
|
People v. Vines
Court may excuse prospective juror when her belief on death penalty would prevent performance of her duties as juror. |
Criminal Law and Procedure |
|
Aug. 12, 2011 | |
|
05-50170
|
U.S. v. Aguila-Montes de Oca
In determining whether prior conviction qualifies as 'crime of violence,' modified categorical approach applies although crime of conviction is missing element of generic crime. |
Criminal Law and Procedure |
|
Aug. 12, 2011 | |
|
10-15519
|
Blue Lake Rancheria v. United States
Tribe’s business of leasing employees to businesses functions as 'common-law employer,' entitling tribe to exemption from paying federal unemployment taxes. |
Native American Affairs |
|
Aug. 12, 2011 | |
|
D058284
|
Marriage of Ramirez
Court may not vacate family law attorney’s real property lien attached to community property where attorney is not joined in proceedings. |
Family Law |
|
Aug. 12, 2011 | |
|
B222367
|
Kincaid v. Kincaid
Transcript of recorded conversation, during which defendant stated he could not remember whether he had abused his stepdaughter, is admissible as adoptive admission. |
Civil Procedure |
|
Aug. 12, 2011 | |
|
A128711
|
Maxwell-Jolly v. Martin
State’s right of reimbursement for Medi-Cal benefits is not time-barred where claim to recover Medi-Cal payments from trustees did not arise from contractual obligation. |
Government |
|
Aug. 12, 2011 | |
|
D059022
|
People v. Singh
Mandatory sex offender registration for defendant convicted of lewd and lascivious conduct with minor under 14 does not violate equal protection. |
Criminal Law and Procedure |
|
Aug. 12, 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. 12, 2011 | |
|
D057119
|
People v. Bowles
Trial court cannot grant new trial based on newly discovered evidence as discovery sanction after jury has already rendered its verdict. |
Criminal Law and Procedure |
|
Aug. 12, 2011 | |
|
S065720
|
People v. Vines (Sean Vevyette)
Order |
|
Aug. 12, 2011 | ||
|
S072316
|
People v. Gonzales (Veronica)
Order |
|
Aug. 12, 2011 |