Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
A104687
|
Nacimiento Regional Water Management Advisory Committee v. Monterey County Water Resources Agency
California Environmental Quality Act plaintiffs whose failure to request merits hearing was caused by attorney's inexcusable mistake cannot avoid dismissal. |
Civil Procedure |
|
Jan. 14, 2005 | |
B163016
|
Landis v. Pinkerton Inc.
Despite parties' agreement to the contrary, statutory time limit for correction of arbitration award was enforceable. |
Employment Law |
|
Jan. 14, 2005 | |
E033110
|
Travelers Casualty and Surety Co. v. Transcontinental Insurance Co.
Insurer's duty to defend was triggered when primary policy referenced in excess policy had been exhausted. |
Insurance |
|
Jan. 14, 2005 | |
B170598
|
People v. Kleinman
Restitution order that remained unsatisfied after revocation of defendant's probation is still enforceable by victim. |
Criminal Law and Procedure |
|
Jan. 12, 2005 | |
G032653
|
Rey Piedra, a Minor
Parents of child who was heavily medicated during seizures failed to prove medical malpractice. |
Torts |
|
Jan. 12, 2005 | |
C044110
|
People v. Arbacauskas
Complaint charging defendant with cultivating marijuana for sale was properly dismissed. |
Criminal Law and Procedure |
|
Jan. 12, 2005 | |
B161549
|
City of Hope Nat'l Medical Center v. Genentech Inc.
Jury's interpretation of royalty agreement between parties was reasonable in light of evidence. |
Contracts |
|
Jan. 12, 2005 | |
03-15066
|
Cashman v. City of Cotati
City's mobilehome park rent-control law effects regulatory taking in violation of Fifth Amendment. |
Constitutional Law |
|
Jan. 11, 2005 | |
03-15332
|
Maduka v. Sunrise Hospital
Civil rights complaint containing only conclusory allegations of racial discrimination can survive motion to dismiss for failure to state claim. |
Civil Rights |
|
Jan. 11, 2005 | |
03-50096
|
U.S. v. Ortega-Ascanio
Withdrawal of plea was justified in light of intervening decision by U.S. Supreme Court. |
Criminal Law and Procedure |
|
Jan. 11, 2005 | |
H022775
|
People v. Lazalde
Probation searches are invalid if officer is unaware of search condition at time of search. |
Criminal Law and Procedure |
|
Jan. 11, 2005 | |
03-10197
|
U.S. v. Bucher
Circumstantial evidence establishes hiker's intent to interfere with rangers' investigation and arrest of fellow hiker. |
Criminal Law and Procedure |
|
Jan. 11, 2005 | |
04-50115
|
U.S. v. Rivera-Guerrero
Magistrate judge lacks authority to order involuntary administration of medication to render alien competent to stand trial. |
Immigration |
|
Jan. 11, 2005 | |
02-15113
|
Gadda v. Ashcroft
Reciprocal discipline imposed on attorney by federal courts based on California State Bar Court suspension order is valid. |
Attorneys |
|
Jan. 11, 2005 | |
02-17346
|
Squaw Valley Development Company v. Goldberg
Government employee is not entitled to summary judgment on equal protection claim where his actions were motivated by personal animus. |
Constitutional Law |
|
Jan. 11, 2005 | |
B159750
|
People v. Salas
Sale of unqualified securities is general intent crime which carries knowledge requirement. |
Criminal Law and Procedure |
|
Jan. 11, 2005 | |
G031069
|
Lebrilla v. Farmers Group Inc.
Denial of plaintiffs' statewide class certification must be reversed due to court's application of wrong legal criteria. |
Civil Procedure |
|
Jan. 11, 2005 | |
B177177
|
Goldstein v. Ralphs Grocery Co.
Party had no right of immediate appeal from denial of special motion to strike. |
Civil Procedure |
|
Jan. 11, 2005 | |
D043261
|
In re Merrick V.
Juvenile court was not required to provide reunification services to grandmother before terminating guardianship. |
Family Law |
|
Jan. 11, 2005 | |
03-35381
|
May Trucking Co. v. Oregon Dept. of Transportation
Tax Injunction Act deprives court of subject matter jurisdiction to hear claim regarding International Fuel Tax Agreement. |
Taxation |
|
Jan. 11, 2005 | |
S120903
|
Morohoshi v. Pacific Home
Regional center is not vicariously liable for negligence-related death that occurred in residential care facility. |
Torts |
|
Jan. 11, 2005 | |
E033907
|
People v. Dove
Trial court may sentence defendant convicted of cocaine base possession to prison although jury found him not guilty of possession for sale. |
Criminal Law and Procedure |
|
Jan. 11, 2005 | |
02-56577
|
Pincay v. Andrews
Attorney's reliance on paralegal that resulted in missing filing deadline for appeal was excusable. |
Attorneys |
|
Jan. 11, 2005 | |
02-16447
|
Pardi v. Kaiser Permanente Hospital Inc.
California's statutory litigation privilege does not bar action brought under Americans with Disabilities Act. |
Civil Procedure |
|
Jan. 11, 2005 | |
A104965
|
Doe v. Bonta
There is no clear, present and ministeral duty justifiying orders given to Dept. of Health Services regarding administration of Medi-Cal. |
Government |
|
Jan. 11, 2005 | |
G033136
|
Wilshire Insurance Company Inc. v. Sentry Select Insurance Company
Insurer of trailer involved in deadly accident must contribute to costs incurred by insurer of tractor. |
Insurance |
|
Jan. 11, 2005 | |
03-30127
|
U.S. v. Schoneberg
Prohibiting cross-examination of witness about his plea bargain violated defendant's confrontation rights. |
Criminal Law and Procedure |
|
Jan. 11, 2005 | |
E033550
|
Century Surety Co. v. Crosby Insurance Inc.
Insurance broker can be liable to insurer for participating in fraudulent insurance application. |
Insurance |
|
Jan. 11, 2005 | |
G033636
|
We Do Graphics Inc. v. Mercury Casualty Co.
Company's business liability policy did not cover cost of defending lawsuit for stealing customer files. |
Insurance |
|
Jan. 11, 2005 | |
03-30162
|
U.S. v. Garcia-Beltran
Court will reconsider whether fingerprints obtained during illegal arrest should be suppressed. |
Criminal Law and Procedure |
|
Jan. 11, 2005 |