| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B211257
|
Hinerfeld-Ward Inc. v. Lipian
Oral contracts for home improvement services may be valid where homeowner-party skillfully negotiated contract terms, and would be unjustly enriched if void. |
Contracts |
|
Sep. 3, 2010 | |
|
S165906
|
Haworth v. Superior Court
Former judge’s past censure over jokingly sexist remarks does not affect his ability to be impartial arbitrator in case involving female litigant. |
Civil Procedure |
|
Sep. 3, 2010 | |
|
S179660
|
People v. Saleem
Order |
|
Sep. 3, 2010 | ||
|
09-35716
|
Atlantic National Trust LLC v. Mt. Hawley Insurance Co.
Appellate court lacks jurisdiction to review district court order remanding case to state court on defect grounds. |
Civil Procedure |
|
Sep. 3, 2010 | |
|
09-1273
|
Scott v. United States (In re Scott)
Service to IRS is ineffective if addressed to agency’s mailing address, and should be addressed to U.S. attorney where action is brought. |
Bankruptcy |
|
Sep. 3, 2010 | |
|
H034853
|
Milpitas Unified School District v. WCAB
Labor Code permits reliance on ‘Guides to the Evaluation of Permanent Impairment,’ including its clinical judgment provision, in deriving workers’ impairment rating. |
Workers' Compensation |
|
Sep. 3, 2010 | |
|
S165906
|
Haworth v. S.C. (Ossakow)
Order |
|
Sep. 3, 2010 | ||
|
S183604
|
People v. Sonnier
Order |
|
Sep. 3, 2010 | ||
|
S184846
|
Yanez v. Soma Environmental Engineering
Order |
|
Sep. 3, 2010 | ||
|
S116794
|
Holt (John Lee) on Habeas Corpus
Order |
|
Sep. 3, 2010 | ||
|
S183062
|
People v. Schuler
Order |
|
Sep. 3, 2010 | ||
|
S183312
|
People v. Reams
Order |
|
Sep. 3, 2010 | ||
|
S140077
|
Wallace (Keone) on Habeas Corpus
Order |
|
Sep. 3, 2010 | ||
|
S183703
|
Parks v. MBNA American Bank
Order |
|
Sep. 3, 2010 | ||
|
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 |
|
Sep. 3, 2010 | |
|
08-56421
|
Lu v. Powell
Court allows state law claims against United States alleging liability for abuses committed by asylum officer who bribed and molested victims. |
Torts |
|
Sep. 3, 2010 | |
|
08-74483
|
Camacho-Cruz v. Holder
Conviction for assault with deadly weapon under Nevada Revised Statutes Section 200.471 constitutes 'crime of violence,' which makes alien removable. |
Immigration |
|
Sep. 3, 2010 | |
|
09-10134
|
U.S. v. Millis
Distribution of purified water bottles in national wildlife refuge does not constitute ‘disposal of waste’ in violation of 50 C.F.R. Section 27.94(a). |
Criminal Law and Procedure |
|
Sep. 3, 2010 | |
|
C063087
|
H.S., a Minor
Different conclusion reached by new expert is not ‘new evidence’ if expert relied on original medical records and reports presented at trial. |
Juveniles |
|
Sep. 3, 2010 | |
|
A125352
|
115 Cal.Rptr.3d Vanderkous v. Conley
Final submission of case, barring plaintiff’s voluntary dismissal, occurs when court issues statement of decision, regardless of post-submission evidentiary hearings scheduled. |
Civil Procedure |
|
Sep. 3, 2010 | |
|
C061006
|
Conservatorship of Carol K.
State may intervene to care for nondangerous mentally ill person upon finding that proposed conservatee is ‘gravely disabled’ beyond reasonable doubt. |
Conservatorship |
|
Sep. 3, 2010 | |
|
03-74442
|
Delgado v. Holder
Order |
|
Sep. 3, 2010 | ||
|
G043221
|
A.L., a Minor
Presumed father fails to show error in dispositional order where reunification plan was not needed and enhancement plan was sufficient. |
Juveniles |
|
Sep. 3, 2010 | |
|
B221562
|
Jose C., a Minor
Court properly determines minor’s adoptability based on care minor has received from foster parent as well as foster parent’s willingness to adopt. |
Juveniles |
|
Sep. 3, 2010 | |
|
C062609
|
Baca v. Superior Court (People)
Petitioner may not seek discovery of materials to use as evidence on successive habeas petition on same issue actually litigated at trial. |
Criminal Law and Procedure |
|
Sep. 2, 2010 | |
|
07-71182
|
Arenas De Garcia v. Holder
Court has jurisdiction to review denial by BIA where evidence to reopen is ‘different in kind’ than evidence presented at immigration hearing. |
Immigration |
|
Sep. 2, 2010 | |
|
07-72828
|
Hongsermeier v. Commissioner of Internal Revenue
Tax court properly determines remedy to include taxpayer deficiencies on remand where appellate court refused to vacate penalties in their entirety. |
Taxation |
|
Sep. 2, 2010 | |
|
08-15568
|
Pacific Bell Telephone Co. v. California PUC
AT&T must lease entrance facilities, which are high capacity wires, to newer competitors at regulated rates for purpose of linking networks. |
Administrative Agencies |
|
Sep. 2, 2010 | |
|
08-16444
|
Nader v. Cronin
One percent signature requirement imposed on independent candidates who wish to appear on Hawaii's presidential ballot is constitutional. |
Constitutional Law |
|
Sep. 2, 2010 | |
|
08-35359
|
Western Watersheds Project v. Kraayenbrink
Proposed amendments to grazing regulations violate National Environmental Policy Act where agency failed to take ‘hard look’ at environmental effects. |
Environmental Law |
|
Sep. 2, 2010 |
