| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
09-1377
|
Foster v. Double R Ranch Association (In re Foster)
Chapter 13 does not discharge of homeowners’ association dues when debtor maintains legal, equitable, or possessory interest in property. |
Bankruptcy |
|
Aug. 20, 2010 | |
|
S153917
|
People v. Duff
Despite stay on execution of sentence, defendant is ineligible for presentence conduct credit due to second-degree murder conviction. |
Criminal Law and Procedure |
|
Aug. 20, 2010 | |
|
05-56795
|
In re Withers
Court erroneously dismisses 28 U.S.C. Section 2255 motion without considering merits of right to public trial and ineffective assistance of counsel claims. |
Criminal Law and Procedure |
|
Aug. 20, 2010 | |
|
S174633
|
Moore v. Superior Court (People)
Defendant in 'sexually violent predator' proceeding does not have due process right to not be tried or civilly committed while mentally incompetent. |
Criminal Law and Procedure |
|
Aug. 20, 2010 | |
|
S160930
|
In re Pope
Worktime credit earned by defendant against sentence is limited to 15 percent of term although sentence for qualifying violent felony offenses was stayed. |
Criminal Law and Procedure |
|
Aug. 20, 2010 | |
|
S029490
|
People v. Williams (David Earl)
Order |
|
Aug. 20, 2010 | ||
|
S183365
|
Greb v. Diamond International
Order |
|
Aug. 20, 2010 | ||
|
S183372
|
Serrano v. Stefan Merli Plastering
Order |
|
Aug. 20, 2010 | ||
|
S184059
|
Retired Employees Association v. County of Orange
Order |
|
Aug. 20, 2010 | ||
|
S184873
|
People v. Weber
Order |
|
Aug. 20, 2010 | ||
|
S184346
|
People v. Gonzalez
Order |
|
Aug. 20, 2010 | ||
|
S184382
|
People v. Dannenberg
Order |
|
Aug. 20, 2010 | ||
|
S183975
|
Gressett v. Superior Court (People)
Order |
|
Aug. 20, 2010 | ||
|
S184128
|
Medina v. Superior Court (People)
Order |
|
Aug. 20, 2010 | ||
|
S148523
|
Richardson (Charles K.) on Habeas Corpus
Order |
|
Aug. 20, 2010 | ||
|
S182801
|
People v. Douangpanya
Order |
|
Aug. 20, 2010 | ||
|
S185404
|
Professional Engineers in California Government v. Schwarzenegger
Order |
|
Aug. 20, 2010 | ||
|
08-56291
|
Fortune Dynamic Inc. v. Victoria’s Secret Stores Brand Management Inc.
Summary judgment is improper in trademark infringement case where use of descriptive term created issue of material fact as to fair use. |
Intellectual Property |
|
Aug. 20, 2010 | |
|
C057362
|
People v. Valli
Prosecution for evading arrest is not barred where evidence of offense was used in prior homicide trial. |
Criminal Law and Procedure |
|
Aug. 20, 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 |
|
Aug. 20, 2010 | |
|
B215777
|
New West Charter Middle School v. Los Angeles Unified School District
Damage award involving school district’s breach of contract to provide facilities for charter school should include consideration for maintenance and operations costs. |
Education |
|
Aug. 20, 2010 | |
|
G041759
|
People v. Eid
Victim’s lack of consent is element of ‘kidnapping for ransom’ offense and must be included in jury instruction. |
Criminal Law and Procedure |
|
Aug. 20, 2010 | |
|
G042377
|
Rivera v. First DataBank Inc.
Court errs in denying anti-SLAPP motion to strike claims alleging that defendant’s pamphlets, which contained medication information, were confusing. |
Torts |
|
Aug. 19, 2010 | |
|
D055666
|
Utility Consumers’ Action Network v. PUC of the State of California (San Diego Gas and Electric Co.)
Public Utilities Commission does not have to consider every alternative when approving application to construct electric transmission facility. |
Administrative Agencies |
|
Aug. 19, 2010 | |
|
05-75726
|
Khadka v. Holder
Adverse credibility finding based on belief that alien created document to support asylum application does not automatically give rise to frivolousness finding. |
Immigration |
|
Aug. 19, 2010 | |
|
08-17372
|
Archdiocese of Milwaukee Supporting Fund Inc. v. Mercury Interactive Corp.
Court may not set deadline for class members to object to proposed attorney fees before counsel’s deadline for filing fee motion. |
Civil Procedure |
|
Aug. 19, 2010 | |
|
08-30286
|
U.S. v. Rivera-Corona
Court fails to properly inquire into defendant’s financial eligibility before denying his motion for substitution of retained counsel with court-appointed counsel. |
Criminal Law and Procedure |
|
Aug. 19, 2010 | |
|
08-56749
|
Toomer v. United States
Business proprietor’s duty to protect customers from third-party criminal conduct does not extend to conduct occurring outside of owner’s property. |
Torts |
|
Aug. 19, 2010 | |
|
09-15030
|
Carvalho v. Equifax Information Services LLC
Consumer, who is wrongly charged debt, fails to fulfill inaccuracy requirement of reinvestigation claim under California Consumer Credit Reporting Agencies Act. |
Business Law |
|
Aug. 19, 2010 | |
|
G040641
|
People v. Schmitz
Parolee status of front seat passenger cannot justify warrantless search of back seat. |
Criminal Law and Procedure |
|
Aug. 19, 2010 |
