| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
10-30065
|
U.S. v. Kennedy
Government fails to establish causal connection justifying victim restitution where evidence only shows generalized harm of defendant’s conduct. |
Criminal Law and Procedure |
|
Jul. 12, 2011 | |
|
10-50240
|
U.S. v. Quinzon
Condition of supervised release requiring that monitoring technology be installed on computer-related devices is proper. |
Criminal Law and Procedure |
|
Jul. 12, 2011 | |
|
B222845
|
People v. Williams
Robbery conviction is properly predicated on theft by false pretenses where defendant used force when fleeing store after acquisition of property. |
Criminal Law and Procedure |
|
Jul. 12, 2011 | |
|
H033164
|
Cross v. Cooper
Court errs in denying defendant’s anti-SLAPP motion in light of prima facie showing that disclosure of sex offender’s location is protected speech affecting public. |
Civil Procedure |
|
Jul. 12, 2011 | |
|
D057154
|
California Traditions Inc. v. Claremont Liability Insurance Co.
Policy exclusion for damage arising from work incorporated into condominiums applies to units with outward appearance of detached single family homes. |
Insurance |
|
Jul. 12, 2011 | |
|
11-5001
|
Garcia v. Texas
State is not required to stay execution so that Congress may consider whether to enact legislation that might authorize collateral attack on judgment. |
Criminal Law and Procedure |
|
Jul. 11, 2011 | |
|
08-73805
|
Hernandez-Cruz v. Holder
Second-degree commercial burglary convictions are not aggravated felonies, and therefore are not grounds for removal. |
Immigration |
|
Jul. 11, 2011 | |
|
07-70114
|
Perez-Ramirez v. Holder
Asylum applicant qualifies as whistleblower where he was retaliated against for reporting corruption, regardless of whether corruption was exposed to outside agency. |
Immigration |
|
Jul. 11, 2011 | |
|
10-50111
|
U.S. v. Gonzalez-Melchor
Appellate waiver is invalid because district court’s active participation in negotiating waiver in exchange for reduced sentence was inherently coercive. |
Criminal Law and Procedure |
|
Jul. 11, 2011 | |
|
C061808
|
Clover Valley Foundation v. City of Rocklin (Rocklin 650 Venture)
Environmental impact report complies with California Environmental Quality Act although it does not disclose certain information regarding cultural resources. |
Environmental Law |
|
Jul. 11, 2011 | |
|
A127776
|
Service Employees International Union Local 1000 v. Brown
Furlough program implemented by Budget Act is applicable only to agencies with ‘item of appropriation’ under Act. |
Government |
|
Jul. 11, 2011 | |
|
09-35957
|
Vandevere v. Lloyd
Regulation that limits number of salmon commercial fishers can harvest is not unconstitutional as taking of property without just compensation. |
Constitutional Law |
|
Jul. 11, 2011 | |
|
S064306
|
People v. Famalaro
Change of venue motion is properly denied where size of community shows defendant would receive fair trial despite heavy media coverage of case. |
Criminal Law and Procedure |
|
Jul. 8, 2011 | |
|
S076175
|
People v. Loy
Jury instruction on prior sexual crimes is proper in light of instructions repeatedly admonishing jury as to reasonable doubt standard. |
Criminal Law and Procedure |
|
Jul. 8, 2011 | |
|
S180181
|
People v. Murphy
Defendant's submission of false stolen vehicle report must be prosecuted as misdemeanor under Vehicle Code, not under more general statute. |
Criminal Law and Procedure |
|
Jul. 8, 2011 | |
|
D059540
|
Samantha T. v. Superior Court (San Diego County Health & Human Services Agency)
Adoptive parent, who is virtually unknown to minors, does not qualify as nonrelated extended family member by virtue of relationship with minors’ mother. |
Juveniles |
|
Jul. 8, 2011 | |
|
08-99032
|
Hurles v. Ryan
Judicial recusal is appropriate where trial judge becomes involved in capital defendant’s interlocutory appeal by making statements regarding evidence of guilt before trial. |
Criminal Law and Procedure |
|
Jul. 8, 2011 | |
|
D058672
|
N.M., a Minor
Father may not challenge jurisdictional finding in amended petition after agreeing to address alleged acts of abuse in therapy. |
Juveniles |
|
Jul. 8, 2011 | |
|
B227950
|
Securitas Security Services USA Inc. v. Superior Court (Holland)
Employees working uninterrupted overnight shifts on consecutive days do not work ‘split shifts,’ which would entitle them to split-shift pay. |
Employment Law |
|
Jul. 8, 2011 | |
|
B224349
|
Soderstedt v. CBIZ Southern California LLC
Court properly denies class certification to accounting associates, who alleged misclassification, where they worked in firm with multiple locations and held varied positions. |
Employment Law |
|
Jul. 8, 2011 | |
|
C065429
|
People v. Verni
Owner of apartment damaged as result of defendant’s aggravated mayhem conviction is entitled to restitution. |
Criminal Law and Procedure |
|
Jul. 8, 2011 | |
|
G043709
|
Del Cerro Mobile Estates v. City of Placentia
Estoppel argument fails where project was exempt from CEQA under applicable statute and there was nothing on record that showed plaintiff was unaware of exemption. |
Environmental Law |
|
Jul. 8, 2011 | |
|
09-16245
|
West Coast Seafood Processors Association v. Natural Resources Defense Council Inc.
Appeal of denial of motion to intervene is moot where judgment was rendered on underlying litigation and original parties dismissed appeal. |
Civil Procedure |
|
Jul. 7, 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 |
|
Jul. 7, 2011 | |
|
07-70730
|
Planes v. Holder
Petitioner is removable due to convictions for two crimes involving moral turpitude, although district court had not yet issued decision regarding sentence on remand. |
Immigration |
|
Jul. 6, 2011 | |
|
10-10159
|
U.S. v. Evanston
Court may not inquire into reasons for jury's deadlock and allow supplemental argument where doing so created opportunity for interference with jury's fact-finder role. |
Criminal Law and Procedure |
|
Jul. 6, 2011 | |
|
10-10293
|
U.S. v. Rahman
General waiver of right to appeal includes appeal of denial of motion to withdraw guilty plea. |
Criminal Law and Procedure |
|
Jul. 6, 2011 | |
|
B227276
|
County of Kern v. Jadwin
Defendant is entitled to attorney fees under False Claim Act after trial court found that county’s claim was frivolous and brought to harass defendant. |
Civil Procedure |
|
Jul. 6, 2011 | |
|
B224899
|
Marriage of Tong and Samson
Court improperly allocates severance pay to single month where parties’ stipulated support order based monthly income on spouse’s commissions, not bonuses. |
Family Law |
|
Jul. 6, 2011 | |
|
B222615
|
People v. Carbajal
Court may not send jury back for further deliberations on punishment allegation because it was inconsistent with jury's verdict on charges. |
Criminal Law and Procedure |
|
Jul. 6, 2011 |