Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
F044982
|
People v. Ayers
Domestic violence forms filled out by victim were admissible in defendant's spousal battery trial. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
B169675
|
Estrada v. RPS Inc.
Because dismissal orders are part of class certification process, named plaintiffs have standing to appeal but orders are not appealable. |
Civil Procedure |
|
Aug. 9, 2005 | |
04-10241
|
U.S. v. Alvarez-Gutierrez
State misdemeanor conviction for sexual abuse of minor may be defined as aggravated felony for federal sentencing purposes. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
04-10076
|
U.S. v. Mayo
Warrantless search of hatchback cargo area of vehicle incident to arrest of recent occupant was proper. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
03-35297
|
Al-Safin v. Circuit City Stores Inc.
Arbitration agreement between employer and employee is substantively unconscionable. |
Civil Procedure |
|
Aug. 9, 2005 | |
C044814
|
Reclamation District No. 684 v. State Dept. of Industrial Relations (Foundation for Fair Contracting)
Project for levee maintenance is public work subject to prevailing wage laws. |
Government |
|
Aug. 9, 2005 | |
B174518
|
C3 Entertainment Inc. v. Arthur J. Gallagher & Co.
Trial court's grant of summary judgment for defendant based on interim ruling against other defendant was premature. |
Civil Procedure |
|
Aug. 9, 2005 | |
G033414
|
Marriage of Riddle
Representative sample must be used in calculating a salesman's income for child and spousal support. |
Family Law |
|
Aug. 9, 2005 | |
02-73947
|
Azarte v. Ashcroft
When motion to reopen is filed within voluntary departure period, such period is tolled while Board of Immigration Appeals considers motion. |
Immigration |
|
Aug. 9, 2005 | |
B170252
|
Marriage of Nicole F. Brown and Anthony Yana
Parent without legal or physical custody is entitled to evidentiary hearing in 'move-away' case. |
Family Law |
|
Aug. 9, 2005 | |
B170571
|
People v. Arellano
Defendant's death threats did not negate surprise element of lying-in-wait special circumstance. |
Criminal Law and Procedure |
|
Aug. 9, 2005 | |
G033763
|
Royalty Carpet Mills v. City of Irvine (Essex Property Trust)
Petitioner's challenge to conditional use permit was absolutely time-barred. |
Civil Procedure |
|
Aug. 9, 2005 | |
03-16004
|
Dees v. Billy
District court order that stays proceedings and compels arbitration is not appealable even if accompanied by administrative closing. |
Civil Procedure |
|
Aug. 9, 2005 | |
C041384
|
Hodgson v. Banner Life Insurance Company
Applicant for life insurance who died before receiving policy is covered because insurer received payment and ultimately approved application. |
Insurance |
|
Aug. 9, 2005 | |
03-72240
|
Davis v. Commissioner of Internal Revenue
Surviving spouse with limited interest in deceased's trust cannot claim marital deduction on estate tax. |
Taxation |
|
Aug. 9, 2005 | |
03-15481
|
Raich v. Ashcroft
Appellants demonstrate sufficient likelihood of success on merits in medical marijuana case. |
Constitutional Law |
|
Aug. 8, 2005 | |
02-73837
|
Unuakhaulu v. Ashcroft
District court has jurisdiction to review immigration board's nondiscretionary denial of relief under Convention Against Torture. |
Immigration |
|
Aug. 8, 2005 | |
03-35145
|
United States v. State of Washington
District court abused its discretion in ruling federal recognition of tribe had no impact on its exercise of treaty fishing rights. |
Native American Affairs |
|
Aug. 8, 2005 | |
02-16201
|
Center for Biological Diversity v. Veneman
U.S. Forest Service had mandatory duty under Wild and Scenic Rivers Act to consider rivers identified in its report in planning process. |
Environmental Law |
|
Aug. 8, 2005 | |
D043081
|
People v. Harrison
Court was not required to hold competency hearing for defendant who made 'bizarre statements.' |
Criminal Law and Procedure |
|
Aug. 8, 2005 | |
E035322
|
People v. Spence
Defendant may be convicted of driving with invalid driver's license without showing of actual knowledge that license was suspended. |
Criminal Law and Procedure |
|
Aug. 8, 2005 | |
B174102
|
Goldberg v. Warner/Chappell Music Inc.
Attorney's presumed possession of confidential information does not automatically cause former firm to be vicariously disqualified. |
Attorneys |
|
Aug. 8, 2005 | |
B170985
|
State of California v. City of Long Beach
City of Long Beach may use tideland oil revenues to defray future cost of plugging and abandoning oil wells. |
Real Property |
|
Aug. 8, 2005 | |
A105633
|
In re Hector A.
Minor can oppose adoption plan for sibling on ground of interference with sibling relationship. |
Family Law |
|
Aug. 8, 2005 | |
S109746
|
Burris v. Superior Court (People)
Misdemeanor prosecution is barred after one previous qualifying dismissal but felony prosecution is barred after two qualifying dismissals. |
Criminal Law and Procedure |
|
Aug. 8, 2005 | |
E035877
|
In re Harmony B.
Termination of parental rights is upheld despite denial of reunification services. |
Family Law |
|
Aug. 8, 2005 | |
D044398
|
Lisa G., a Minor
Teacher's search of disruptive student's purse to find identification was not justified. |
Juveniles |
|
Aug. 8, 2005 | |
A105374
|
People v. Amons
New sentencing rules do not apply retroactively. |
Criminal Law and Procedure |
|
Aug. 8, 2005 | |
02-17048
|
Ford Motor Co. v. Todecheene
Tribal court cannot exercise jurisdiction over products liability action arising from accident that occurred on tribal trust land. |
Native American Affairs |
|
Aug. 8, 2005 | |
C046395
|
People v. Hinkel
Mere completion of treatment program under Proposition 36 does not establish reasonable cause to believe that defendant will not abuse drugs. |
Criminal Law and Procedure |
|
Aug. 8, 2005 |