| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
07-71988
|
Pannu v. Holder
BIA must reconsider whether failure to register as sex offender constitutes crime of moral turpitude under definition including scienter. |
Immigration |
|
May 12, 2011 | |
|
07-36056
|
Milner v. U.S. Department of the Navy
Order |
|
May 12, 2011 | ||
|
D056670
|
People v. Riazati
Convictions for animal neglect require showing that defendant exposed animals to high risk of great bodily injury, not death. |
Criminal Law and Procedure |
|
May 12, 2011 | |
|
B218946
|
People v. Butler
Crime of fraudulent presentation of multiple claims for same loss is not limited to presentation of claims to more than one insurer. |
Criminal Law and Procedure |
|
May 12, 2011 | |
|
S191874
|
Felix v. Aronson
Order |
|
May 12, 2011 | ||
|
S191908
|
United Parcel Service Wage and Hour Cases
Order |
|
May 12, 2011 | ||
|
S190801
|
Service Employees International Union 1021 v. City of San Francisco
Order |
|
May 12, 2011 | ||
|
S191341
|
People v. Sanders
Order |
|
May 12, 2011 | ||
|
08-16602
|
Harrison v. Gillespie
Trial court does not subject defendant to double jeopardy by declining to poll jury before discharging it because it was unable to reach verdict. |
Criminal Law and Procedure |
|
May 11, 2011 | |
|
08-55823
|
Velasquez v. Kirkland
Court properly dismisses federal habeas petition filed more than two years from date on which conviction became final and absent showing petitioner was entitled to tolling. |
Criminal Law and Procedure |
|
May 11, 2011 | |
|
10-10030
|
U.S. v. Tsosie
Defendant may appeal restitution award following plea agreement where agreement fails to give estimate of restitution amount he is exposed to. |
Criminal Law and Procedure |
|
May 11, 2011 | |
|
10-90096
|
In re Complaint of Judicial Misconduct
Order |
|
May 11, 2011 | ||
|
B220954
|
Flores v. Lamps Plus Inc.
Court properly denies class certification where individual issues predominate over common issues regarding employees’ alleged denial of meal and rest breaks. |
Employment Law |
|
May 11, 2011 | |
|
D056533
|
Pointe San Diego Residential Community L.P. v. Procopio, Cory, Hargreaves & Savitch LLP
Professional negligence claims are timely where amended allegations pertaining to specific acts of negligence related back to original complaint. |
Civil Procedure |
|
May 11, 2011 | |
|
D056943
|
Elk Hills Power LLC v. Board of Equalization
Power plant’s purchase of emissions reduction credits may be considered in calculating plant’s value and earnings in determining plant’s tax liability. |
Taxation |
|
May 11, 2011 | |
|
B215544
|
Carpenter & Zuckerman v. Cohen
Law firm is not entitled to recover attorney fees where firm hires its own associate as representative in appellate proceedings. |
Attorneys |
|
May 11, 2011 | |
|
A128697
|
Alameda County Management Employees Association v. Superior Court
Court must meet and confer with representative of employee organization before changing seniority and demotion rights of its members. |
Labor Law |
|
May 11, 2011 | |
|
B225548
|
Diaz v. Bukey
Court properly denies trustee’s petition to compel arbitration absent parties’ agreement to submit to arbitration arising from dispute over trust. |
Probate and Trusts |
|
May 11, 2011 | |
|
C065505
|
Ribeiro v. County of El Dorado
Purchaser of tax-defaulted property from public entity at tax sale is limited to statutory remedies, and may not pursue traditional contract remedies. |
Taxation |
|
May 11, 2011 | |
|
G042873
|
People v. Nunez
Term of years sentence that acts as sentence of actual life in prison without possibility of parole violates constitutional standards when applied to juvenile nonhomicide offenders. |
Criminal Law and Procedure |
|
May 11, 2011 | |
|
A127784
|
Richards v. Sequoia Insurance Co.
Attorney plaintiffs who brought breach of contract action in propria persona cannot recover attorney fees for time spent in defending own case. |
Attorneys |
|
May 11, 2011 | |
|
B221096
|
Garcia v. Becker Bros. Steel Co.
Seller of used machinery does not owe duty to warn of risk of using equipment to subsequent users beyond immediate purchaser. |
Torts |
|
May 11, 2011 | |
|
D057204
|
People v. Jaska
Grand theft convictions based on series of thefts against employer are proper where they were not committed under one intention, impulse, and plan. |
Criminal Law and Procedure |
|
May 10, 2011 | |
|
05-73517
|
Galindo-Romero v. Holder
Appellate court lacks jurisdiction to review cancellation of removal if neither BIA nor Immigration Judge ever issued final order of removal. |
Immigration |
|
May 10, 2011 | |
|
06-73326
|
Demirchyan v. Holder
Order |
|
May 10, 2011 | ||
|
09-17152
|
Ursack Inc. v. Sierra Interagency Black Bear Group
Agency’s decision to revoke conditional approval for product's use in park is rational despite approval of competing product, which failed several times. |
Administrative Agencies |
|
May 10, 2011 | |
|
09-17753
|
Freedom from Religion Foundation Inc. v. Geithner
Independent jurisdictional grounds requirement for permissive intervention does not apply in federal-question case because no new claims were raised. |
Civil Procedure |
|
May 10, 2011 | |
|
D056988
|
People v. Sherow
Consent defense to burglary is not collateral to elements of offense, and therefore must be proved by reasonable doubt standard, not preponderance of evidence. |
Criminal Law and Procedure |
|
May 10, 2011 | |
|
08-10472
|
U.S. v. Havelock
Order |
|
May 10, 2011 | ||
|
G042923
|
People v. Cottone
Court errs in not submitting to jury issue of whether defendant appreciated wrongfulness of prior sexual misconduct, which occurred 32 years ago. |
Criminal Law and Procedure |
|
May 10, 2011 |
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