| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
08-17790
|
Sessoms v. Runnels
Petitioner is not entitled to federal habeas relief where state court decisions, which found that right to counsel was not unequivocally asserted, were not unreasonable. |
Criminal Law and Procedure |
|
Jun. 6, 2011 | |
|
08-71427
|
Vasquez de Alcantar v. Holder
Petitioner fails to meet continuous residence requirement for cancellation of removal because admission status is achieved only after legal permanent residency is granted. |
Immigration |
|
Jun. 6, 2011 | |
|
08-72252
|
Guevara v. Holder
Employment authorization issued to undocumented alien pending his status adjustment does not grant ‘admittance in any status’ to qualify for cancellation of removal. |
Immigration |
|
Jun. 6, 2011 | |
|
09-56785
|
Brantley v. NBC Universal Inc.
Consumers’ complaint failing to show that defendants’ practices excluded competitors from entering market is insufficient to show injury under Sherman Act. |
Antitrust |
|
Jun. 6, 2011 | |
|
10-56635
|
Vanguard Outdoor, LLC v. City of Los Angeles,
Order |
|
Jun. 6, 2011 | ||
|
A122444
|
People v. Ardoin
Conviction is upheld although court erred in declining to reopen case for defense argument following modification of felony-murder instruction. |
Criminal Law and Procedure |
|
Jun. 6, 2011 | |
|
B222310
|
Kaiser Cement and Gypsum Corp. v. Insurance Co. of the State of Pennsylvania
Summary adjudication is improper where record does not indicate whether primary insurers exhausted policy to trigger excess insurer’s liability. |
Insurance |
|
Jun. 6, 2011 | |
|
B208839
|
Ilshin Investment Co. Ltd. v. Buena Vista Home Entertainment Inc.
Court errs in awarding attorney fees to prevailing creditor in independent creditor’s suit where statute does not authorize such award. |
Civil Procedure |
|
Jun. 3, 2011 | |
|
S175351
|
People v. Anderson
Trial court has no obligation to provide instruction on defense of accident where defendant's theory attempted to negate intent element of crime. |
Criminal Law and Procedure |
|
Jun. 3, 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 |
|
Jun. 3, 2011 | |
|
S173490
|
People v. Zambia
Pandering in violation of Penal Code Section 266i applies to defendant who encouraged victim to engage in future acts of prostitution, whether or not victim is already prostitute. |
Criminal Law and Procedure |
|
Jun. 3, 2011 | |
|
08-36031
|
U.S. v. Buckles
Defendant who detrimentally relies on misinformation from court’s clerk may be entitled to equitable tolling of untimely motion. |
Criminal Law and Procedure |
|
Jun. 3, 2011 | |
|
09-50315
|
U.S. v. Baptist
Fair Sentencing Act, which was enacted to restore fairness to federal cocaine sentencing, does not apply to defendants sentenced before date of enactment. |
Criminal Law and Procedure |
|
Jun. 3, 2011 | |
|
10-35355
|
Jackson v. Tate
Intra-governmental immunity does not bar discharged serviceman from suing recruiters whom he accused of fraudulently re-enlisting him. |
Government |
|
Jun. 3, 2011 | |
|
10-50273
|
U.S. v. Rodriguez-Castro
Drug courier is not entitled to minor-role sentencing reduction given defendant’s significant involvement in planning for offense and substantial quantity of drugs seized. |
Criminal Law and Procedure |
|
Jun. 3, 2011 | |
|
D058568
|
Clark v. Superior Court (VeriSign Inc.)
Law firm is properly disqualified from representation after extensively reviewing and relying on opposing party’s privileged documents obtained from client. |
Attorneys |
|
Jun. 3, 2011 | |
|
C063783
|
Collins v. Sutter Memorial Hospital
New trial is properly granted even if ground was not specified in notice, but substantively argued in papers and understood by opposing party. |
Civil Procedure |
|
Jun. 3, 2011 | |
|
F060144
|
Hall-Villareal v. City of Fresno
Due process requires that good-cause exception for late-filed appeals be read into administrative procedures where case involved right to continued employment. |
Employment Law |
|
Jun. 3, 2011 | |
|
09-10303
|
U.S. v. Pool
Order |
|
Jun. 3, 2011 | ||
|
B227190
|
United Parcel Service v. Superior Court (Allen)
Employer must make separate payments to employees for failure to provide meal periods and for failure to provide rest periods. |
Employment Law |
|
Jun. 3, 2011 | |
|
B229437
|
Adams v. Superior Court (Centinella Freeman Regional Medical Center)
Court errs in abating administrator’s wrongful death and survival actions since petitioner need not join all heirs and claims survived decedent’s death. |
Torts |
|
Jun. 3, 2011 | |
|
A128296
|
Kimes v. Grosser
Owner of injured pet animal with little market value can recover reasonable and necessary costs attributable to injury. |
Torts |
|
Jun. 2, 2011 | |
|
G044138
|
Sierra Club v. Superior Court (County of Orange)
Geographic information system database, which is integral to county’s computer mapping software, is exempt from dislcosure under California Public Records Act. |
Government |
|
Jun. 2, 2011 | |
|
D057302
|
Jones v. Jacobson
Non-party to agreement containing arbitration provision cannot compel arbitration in underlying lawsuit where no nexus exists between agreement and lawsuit. |
Contracts |
|
Jun. 2, 2011 | |
|
D056302
|
People v. Cordell
Fraudulent conveyance of access card conviction is not supported by sufficient evidence where evidence shows defendant only ‘used’ card without permission. |
Criminal Law and Procedure |
|
Jun. 2, 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 |
|
Jun. 2, 2011 | |
|
08-56187
|
Carijano v. Occidental Petroleum Corp.
Court errs in dismissing case under forum non conveniens where evidence from both sides failed to outweigh deference owed to plaintiffs’ chosen forum. |
Civil Procedure |
|
Jun. 2, 2011 | |
|
09-16404
|
McCollum v. California Dept. of Corrections and Rehabilitation
Minister-plaintiff asserting violation of inmates’ right to free exercise of religion lacks standing where inmates are able to assert own claims. |
Prisoners Rights |
|
Jun. 2, 2011 | |
|
09-71597
|
Ixcot v. Holder
Illegal Immigration Reform and Immigration Responsibility Act cannot be applied retroactively to alien who submitted asylum application before its enactment. |
Immigration |
|
Jun. 2, 2011 | |
|
10-35371
|
Keyser v. Commissioner Social Security Administration
Agency errs in denying application for benefits because it failed to strictly follow regulations in reaching its conclusion that petitioner’s disability is not severe. |
Administrative Agencies |
|
Jun. 2, 2011 |