| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
F061287
|
The Ponderosa Telephone Co. v. PUC (Calaveras Telephone Co.)
Commission errs in allocating telephone companies’ assets to customers because it constitutes unlawful taking of property. |
Government |
|
Jul. 6, 2011 | |
|
G044059
|
South Orange County Wastewater Authority v. City of Dana Point (Makar Properties LLC)
Under California Environmental Quality Act, environmental impact report is not required to assess impact of present environment on proposed project. |
Environmental Law |
|
Jul. 5, 2011 | |
|
A128721
|
Ni v. Slocum
Electronic signature to endorse initiative petition does not qualify as ‘personally affixed’ signature under Elections Code. |
Government |
|
Jul. 5, 2011 | |
|
D059012
|
People v. Vangelder
Court errs in excluding evidence that criticized reliability of data produced by breath test machines as not materially different from partition ratio evidence. |
Criminal Law and Procedure |
|
Jul. 5, 2011 | |
|
08-72102
|
Ramirez-Villalpando v. Holder
Alien who commits grand theft of property categorically commits aggravated felony, which subjects him to removal. |
Immigration |
|
Jul. 5, 2011 | |
|
06-73982
|
Avagyan v. Holder
Petitioner is entitled to equitable tolling of adjustment of status claim where delay in seeking adjustment was reasonable based on attorney’s advice. |
Immigration |
|
Jul. 5, 2011 | |
|
08-35951
|
Pakootas v. Teck Cominco Metals Ltd.
Federal court does not have citizen suit jurisdiction under Comprehensive Environmental Response, Compensation, and Liability Act where plaintiffs sought penalties for noncompliance with order. |
Environmental Law |
|
Jul. 5, 2011 | |
|
G044512
|
Global Packaging Inc. v. Superior Court (Epicor Software Corp.)
Agreement vaguely referring to agreement to litigate in specific forum does not constitute consent to personal jurisdiction of that forum where otherwise unavailable. |
Civil Procedure |
|
Jul. 5, 2011 | |
|
08-35951
|
Pakootas v. Teck Cominco Metals Ltd.
Order |
Environmental Law |
|
Jul. 5, 2011 | |
|
S190640
|
Accusation of Brown
Order |
|
Jul. 1, 2011 | ||
|
S192102
|
Cha v. Granville Homes
Order |
|
Jul. 1, 2011 | ||
|
S170577
|
Sullivan v. Oracle Corp.
California’s unfair competition law does not apply to overtime work performed outside California by nonresident employees. |
Labor Law |
|
Jul. 1, 2011 | |
|
S047867
|
People v. Virgil
Defendant has no right to be present at sidebar conferences where he failed to show his presence bore reasonably substantial relation to his defense. |
Criminal Law and Procedure |
|
Jul. 1, 2011 | |
|
S085348
|
People v. Castaneda
Kidnapping conviction is reversed where erroneous instruction as to asportation element in kidnapping charge prejudiced defendant. |
Criminal Law and Procedure |
|
Jul. 1, 2011 | |
|
09-16818
|
Barboza v. California Association of Professional Firefighters
Claim for disability benefits is deemed exhausted under ERISA where plan failed to render decision within 90 days of administrative appeal. |
Employment Law |
|
Jul. 1, 2011 | |
|
10-30148
|
U.S. v. Snyder
Statutory term of 'building' and address constitute sufficient proof that second-degree burglary qualified as violent felony for purposes of sentencing enhancement. |
Criminal Law and Procedure |
|
Jul. 1, 2011 | |
|
C064741
|
Jacob A. v. C.H.
In considering request to relocate with minor child, court must analyze issue based on presumption that requesting parent will be moving. |
Family Law |
|
Jul. 1, 2011 | |
|
S192513
|
People v. McCullough
Order |
|
Jun. 30, 2011 | ||
|
S192704
|
People v. Delgado
Order |
|
Jun. 30, 2011 | ||
|
S193688
|
Sisneroz v. Superior Court (People)
Order |
|
Jun. 30, 2011 | ||
|
07-99017
|
Bible v. Schriro
State prisoner is not entitled to successive habeas petition where claim of new evidence is made after significant delay and does not show innocence. |
Criminal Law and Procedure |
|
Jun. 29, 2011 | |
|
G044657
|
A.D., a Minor
Failure to give notice to mother in dependency proceedings is harmless where mother did not show more favorable result was likely. |
Juveniles |
|
Jun. 29, 2011 | |
|
E051886
|
E.S., a Minor
Nonadoptive child’s petition to assert relationship as sibling is properly denied where petition did not show siblings had bonded with nonadoptive child. |
Juveniles |
|
Jun. 29, 2011 | |
|
B230886
|
People v. Superior Court (Gilbert)
Civil commitment petition is improperly dismissed where delay in referring defendant for evaluation as sexually violent predator was honest mistake. |
Criminal Law and Procedure |
|
Jun. 29, 2011 | |
|
E050395
|
People v. Ellison
Conviction for carrying concealed loaded weapon, which defendant had no permit for, does not violate defendant’s right to bear arms. |
Criminal Law and Procedure |
|
Jun. 29, 2011 | |
|
A127888
|
Thorstrom v. Thorstrom
Existence of implied easement for use of well does not preclude each party's entitlement to reasonable use consistent with volume of water available. |
Real Property |
|
Jun. 29, 2011 | |
|
B221103
|
Semler v. General Electric Capital Corp.
Lending institution does not violate Unruh Civil Rights Act by declining to issue loan based on past felonies committed by member of limited liability company. |
Civil Rights |
|
Jun. 29, 2011 | |
|
C061110
|
Concerned Citizens for Responsible Government v. West Point Fire Protection District
Assessment that confers general benefit of fire protection to all parcels is invalid under Proposition 218, which limits imposition of special assessments. |
Taxation |
|
Jun. 29, 2011 | |
|
C062684
|
In re Richardson
Habeas relief for ineffective assistance of appellate counsel is denied where claim is based on trial counsel’s assistance that court did not find deficient. |
Criminal Law and Procedure |
|
Jun. 29, 2011 | |
|
10-35128
|
Reese v. BP Exploration (Alaska) Inc.
Forward-looking promise contained in SEC filings does not support securities fraud claim as misrepresentation of fact. |
Securities |
|
Jun. 29, 2011 |