Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
D042529
|
Rincon Del Diablo Municipal Water District v. San Diego County Water Authority
Transportation-rate component of county water board's new water rate is reasonable and valid. |
Government |
|
Sep. 28, 2004 | |
02-72302
|
Kaur v. Ashcroft
Immigration judge will reconsider asylum petition of Indian citizen alleging torture. |
Immigration |
|
Sep. 28, 2004 | |
B166883
|
People v. Saucedo
Jury instruction about failure to timely disclose alibi witnesses is harmless where prosecutor focused only on last-minute nature of alibi. |
Criminal Law and Procedure |
|
Sep. 28, 2004 | |
S118034
|
People v. Robertson
Trial court properly instructed jury on second-degree felony murder based on discharging firearm in grossly negligent manner. |
Criminal Law and Procedure |
|
Sep. 28, 2004 | |
02-17375
|
Tucson Woman's Clinic v. Eden
Physicians that perform abortions may challenge state licensing and regulatory scheme. |
Constitutional Law |
|
Sep. 28, 2004 | |
02-71311
|
Cheema v. Ashcroft
Lack of evidence of terrorist activities warrants reassessment of plaintiffs' petitions for withholding of deportation. |
Immigration |
|
Sep. 28, 2004 | |
02-74419
|
Ndom v. Ashcroft
Asylum applicant proved past persecution despite not being singled out for harm. |
Immigration |
|
Sep. 28, 2004 | |
01-35984
|
Phiffer v. Columbia River Correctional Institute
Court may review interlocutory appeal without finding serious and unsettled question of law. |
Civil Procedure |
|
Sep. 28, 2004 | |
04-104
|
U.S. v. Booker
Order |
|
Sep. 28, 2004 | ||
B166764
|
Mink v. Maccabee
Fee-splitting arrangement between two attorneys is enforceable despite client's belated acceptance of arrangement. |
Attorneys |
|
Sep. 27, 2004 | |
A101100
|
Wilbanks v. Wolk
Lawsuit against critics of viatical brokerage was not strategic lawsuit against public participation. |
Civil Procedure |
|
Sep. 27, 2004 | |
A104772
|
In re Estate of Regli
Attempt by estate's beneficiaries to attack administrator's accounting is procedurally barred. |
Probate and Trusts |
|
Sep. 27, 2004 | |
F043941
|
People v. Rubio
Jury instruction in defendant's perjury case that incorrectly defined 'materiality' was harmless. |
Criminal Law and Procedure |
|
Sep. 27, 2004 | |
C045118
|
Ackerman v. Edwards
California court lacks jurisdiction over dispute between tribal members and tribe. |
Native American Affairs |
|
Sep. 27, 2004 | |
B169465
|
Ordlock v. Franchise Tax Board
Taxpayers need not report IRS correction for year for which Franchise Tax Board is time-barred from assessing additional income taxes. |
Taxation |
|
Sep. 27, 2004 | |
S112635
|
People v. Lewis
Order |
|
Sep. 27, 2004 | ||
03-30041
|
U.S. v. Crowell
Defendant convicted of crime may not collaterally attack conviction by moving to expunge record. |
Civil Procedure |
|
Sep. 27, 2004 | |
02-30429
|
U.S. v. Hernandez-Hernandez
Court may review stipulated contents of motion to determine whether previous conviction counts as predicate offense. |
Criminal Law and Procedure |
|
Sep. 27, 2004 | |
01-56320
|
Chein v. Shumsky
False testimony by expert medical witness about specialty and number of offices is not basis for perjury conviction because it is not material. |
Criminal Law and Procedure |
|
Sep. 26, 2004 | |
E034871
|
In re Byron B., a Minor
Juvenile court can forbid delinquent's contact with any person disapproved by parent or probation officer. |
Juveniles |
|
Sep. 26, 2004 | |
B163709
|
Rios v. Scottsdale Insurance Co.
Plaintiff may not sue insurer for damages when policy did not include coverage for loss due to theft. |
Insurance |
|
Sep. 26, 2004 | |
G031662
|
Petrou v. South Coast Emergency Group
Expert with substantial experience five years prior to time of alleged malpractice is qualified to testify in action against emergency-room doctor. |
Torts |
|
Sep. 26, 2004 | |
03-15434
|
Franchise Holding II LLC v. Huntington Restaurants Group Inc.
District court had discretion to deny borrower's motion to set aside default judgment. |
Civil Procedure |
|
Sep. 24, 2004 | |
S111780
|
In re George T.
High school student who wrote 'dark poetry' is not guilty of making criminal threat. |
Criminal Law and Procedure |
|
Sep. 24, 2004 | |
B170037
|
Kaneko v. Yager
Power of attorney on which defendants sought immunity must be notarized or witnessed by two witnesses. |
Civil Procedure |
|
Sep. 24, 2004 | |
02-35805
|
Elvig v. Calvin Presbyterian Church
Court erred in dismissing minister's Title VII claims under 'ministerial exception' when some viable claims existed. |
Employment Law |
|
Sep. 24, 2004 | |
A095846
|
Munoz v. City of Union City
Verdict against city is invalid because direct negligence theory advanced by plaintiffs was not grounded on violation of statutory duty by public entity. |
Torts |
|
Sep. 24, 2004 | |
H025621
|
People v. Hoeninghaus
Police may not justify warrantless search of adult probationer with search condition unless they know of condition at time of search. |
Criminal Law and Procedure |
|
Sep. 24, 2004 | |
B167152
|
California National Bank v. Havis
Letter with words 'payoff funds' that does not indicate amount owing on loan is not payoff demand statement. |
Real Property |
|
Sep. 24, 2004 | |
S113321
|
People v. Wallace
Dismissal of prior conviction resulting from plea for insufficient evidence is extrinsic to decision to strike. |
Criminal Law and Procedure |
|
Sep. 24, 2004 |