Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
S129773
|
Maxwell (MIchael G.) on H.C.
Order |
|
Apr. 13, 2005 | ||
H022727
|
People v. Dominguez
ncomplete jury instructions require reversal of defendant's conviction for felony murder. |
Criminal Law and Procedure |
|
Apr. 13, 2005 | |
S129790
|
People v. Leighton
Order |
|
Apr. 13, 2005 | ||
S128750
|
Yaqub v. Salinas Valley Memorial Healthcare System
Order |
|
Apr. 13, 2005 | ||
S121173
|
Fox v. Ethicon Endo-Surgical
Order |
|
Apr. 13, 2005 | ||
A098067
|
Roe v. State Personnel Board (Dept. of Justice)
Due to procedurally improper termination, plaintiff is entitled to backpay from Department of Justice. |
Employment Law |
|
Apr. 12, 2005 | |
03-9685
|
Johnson v. United States
Limitations period to challenge federal sentence enhancement begins to run when underlying state conviction is vacated. |
Criminal Law and Procedure |
|
Apr. 12, 2005 | |
03-1407
|
Rousey v. Jacoway
Debtors can exempt assets in their Individual Retirement Accounts from bankruptcy estate. |
Bankruptcy |
|
Apr. 12, 2005 | |
04-211
|
Opinion of Lockyer
Community college district may use its funds to hire consultant to assess public support for ballot measure. |
Education |
|
Apr. 12, 2005 | |
02-15475
|
Kesser v. Cambra
State appellate court did not err in using 'mixed motive' analysis to uphold constitutionality of three peremptory challenges. |
Criminal Law and Procedure |
|
Apr. 12, 2005 | |
B166798
|
Balandran v. Labor Ready Inc.
Employment agency that does not consider workers employed until they have been assigned job cannot compel arbitration for pre-employment issue. |
Employment Law |
|
Apr. 12, 2005 | |
F044634
|
People v. Eribarne
Misdemeanor conviction for driving under influence makes defendant ineligible for Proposition 36 probation and drug treatment. |
Criminal Law and Procedure |
|
Apr. 12, 2005 | |
A106216
|
Neufeld v. State Board of Equalization
Penalty against taxpayer for filing frivolous claim is constitutional. |
Taxation |
|
Apr. 12, 2005 | |
S044677
|
People v. Horning
Letter sent by California detective to Arizona authorities who had defendant in custody is insufficient to trigger federal speedy trial rights. |
Criminal Law and Procedure |
|
Apr. 12, 2005 | |
G033682
|
Frei v. Davey
Contract provision that denies a prevailing party attorney fees for refusing to mediate is enforceable. |
Contracts |
|
Apr. 12, 2005 | |
G033250
|
Elsenheimer v. Elsenheimer (Orange County Dept. of Child Support Services)
In calculating child support, custodial parent's gross income does not include Supplemental Security Income benefits. |
Family Law |
|
Apr. 12, 2005 | |
S113799
|
Elsner v. Uveges
Employee may use Cal-OSHA provisions to establish duty of care in negligence action against non-employer. |
Torts |
|
Apr. 12, 2005 | |
02-50355
|
U.S. v. Afshari
Statue that prohibits financial support to 'terrorist' organizations does not violate due process rights. |
Constitutional Law |
|
Apr. 12, 2005 | |
02-35676
|
Smith v. University of Washington
University of Washington Law School's use of race in its 1994-1996 admissions decisions was constitutional. |
Civil Rights |
|
Apr. 12, 2005 | |
02-73837
|
Unuakhaulu v. Ashcroft
District court has jurisdiction to review immigration board's nondiscretionary denial of relief under Convention Against Torture. |
Immigration |
|
Apr. 12, 2005 | |
G033169
|
Wolski v. Fremont Investment & Loan
Yield spread premium is not included in 'points and fees' of residential mortgage loan. |
Banking |
|
Apr. 12, 2005 | |
D043928
|
Craig L. v. Sandy S.
When conflicting presumptions over a child's paternity arise, factual findings must be made before weight is assigned. |
Family Law |
|
Apr. 12, 2005 | |
F044541
|
Sons v. Superior Court (People)
Prosecutorial misconduct intended to secure conviction does not bar subsequent retrial. |
Criminal Law and Procedure |
|
Apr. 12, 2005 | |
C046695
|
Sulier v. State Personnel Board
Notice of adverse action by Department of Corrections against corrections officer for misconduct may be informal. |
Government |
|
Apr. 12, 2005 | |
B166737
|
People v. Accredited Surety & Casualty Co. Inc.
Failure of trial court to consider statutory factors before reducing defendant's bail amount is no defense to forfeiture of bail bond. |
Criminal Law and Procedure |
|
Apr. 12, 2005 | |
C044731
|
People v. Bowen
Defendant who violated terms of Proposition 36 probation three times is ineligible for further probation. |
Criminal Law and Procedure |
|
Apr. 12, 2005 | |
F044486
|
People v. Beagle
Dismissed drug charge cannot be basis for drug-related probation condition. |
Criminal Law and Procedure |
|
Apr. 12, 2005 | |
B174152
|
Dream Theater Inc. v. Dream Theater
Incorporation of arbitration rules into agreement indicates clear intent to have arbitrator decide whether dispute is subject to arbitration. |
Contracts |
|
Apr. 12, 2005 | |
03-50304
|
U.S. v. Lopez-Zamora
Federal guidelines permit sentence departure for minor nature of underlying felony. |
Criminal Law and Procedure |
|
Apr. 12, 2005 | |
B167071
|
Nasha LLC v. City of Los Angeles
Decision of planning commission must be set aside when one of its members wrote negative article while matter was pending. |
Civil Procedure |
|
Apr. 12, 2005 |