| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B224748
|
Amezcua v. Los Angeles Harley-Davidson
Motorcyclist may not recover for injuries suffered during organized group motorcycle ride where he assumed risk in activity, which organizer did not increase. |
Torts |
|
Oct. 28, 2011 | |
|
B226105
|
Southern California Gas Co. v. South Coast Air Quality Management District
Air quality management district's rule imposing monitoring requirements on natural gas distributor is reasonable because distributor derived gas from liquefied natural gas. |
Environmental Law |
|
Oct. 28, 2011 | |
|
E052040
|
In re Douglas
Court errs in granting habeas petition that was filed more than decade after defendant had notice of legal basis for petition. |
Criminal Law and Procedure |
|
Oct. 28, 2011 | |
|
10-10038
|
U.S. v. Nosal
Order |
|
Oct. 28, 2011 | ||
|
S195852
|
Today's Fresh Start v. Los Angeles County Office of Education
Order |
|
Oct. 28, 2011 | ||
|
A128168
|
Rental Housing Owners Association of Southern Alameda County Inc. v. City of Hayward
City's amended ordinance does not violate Fourth Amendment by requiring landlords to make good faith efforts to obtain tenant consent to inspections by city officials. |
Real Property |
|
Oct. 27, 2011 | |
|
A126357
|
City of Scotts Valley v. County of Santa Cruz
Court incorrectly interprets tax allocation statutes where shift in property tax revenues applied to low-property tax city incorporated before enactment of Proposition 13. |
Taxation |
|
Oct. 27, 2011 | |
|
B227501
|
Trident Labs Inc. v. Merrill Lynch Commercial Finance Corp.
Enforcement of forum selection clause is unreasonable where defendant, which held discretionary power, chose to extensively litigate its rights in original forum. |
Civil Procedure |
|
Oct. 27, 2011 | |
|
F061183
|
CDF Firefighters v. Maldonado
Voluntary dismissal of separate and distinct contract claim does not bar recovery of attorney fees by defendant on adjudicated contract claim. |
Contracts |
|
Oct. 27, 2011 | |
|
B227750
|
People v. Kingsberry
Court properly corrects sentencing error by increasing defendant’s term in prison from four years, which was unauthorized under sentencing triad, to six years. |
Criminal Law and Procedure |
|
Oct. 27, 2011 | |
|
B229615
|
People v. Davis
MDMA qualifies as ‘controlled substance’ because chemical name of substance contains ‘methamphetamine,’ which is defined as controlled substance. |
Criminal Law and Procedure |
|
Oct. 27, 2011 | |
|
D059013
|
People v. Santana
Jury instruction on attempted mayhem, which included 'gunshot wound' as example, improperly focuses on intent to injure, instead of nature of injury. |
Criminal Law and Procedure |
|
Oct. 27, 2011 | |
|
S196852
|
Radanovich v. Bowen (Citizens Redistricting Commission)
Order |
|
Oct. 27, 2011 | ||
|
02-56256
|
Sarei v. Rio Tinto PLC
Alien Tort Statute gives court jurisdiction over claims of genocide, which fall within limited category of claims for violations of internationally accepted norms. |
Torts |
|
Oct. 26, 2011 | |
|
09-35174
|
Gonzales v. U.S. Dept. of Homeland Security
Appellate court ruling, which held that applicants could not adjust status because they were ineligible to receive Form I-212 waivers, applies retroactively. |
Immigration |
|
Oct. 26, 2011 | |
|
09-50235
|
U.S. v. Carona
Defendant who tried to persuade witness to provide false testimony commits witness tampering even if he did not want witness to withhold all testimony. |
Criminal Law and Procedure |
|
Oct. 26, 2011 | |
|
09-56515
|
Carrillo-Yeras v. Astrue
Delay in reopening determination of eligibility for disability insurance benefits must be supported by showing that agency diligently pursued investigation. |
Government |
|
Oct. 26, 2011 | |
|
E048972
|
People v. Sanchez
Positioning of deputy near defendant during testimony is not inherently prejudicial where court has discretion to maintain such security measures. |
Criminal Law and Procedure |
|
Oct. 26, 2011 | |
|
10-72147
|
Arsdi v. Holder
Alien fails to exhaust administrative remedies in challenging IJ’s ruling that crime was 'particularly serious' where he only raised general allegations in appeal to BIA. |
Immigration |
|
Oct. 25, 2011 | |
|
10-30313
|
U.S. v. Reveles
Non-judicial punishment administered by Navy is not criminal in nature and thus, does not implicate Double Jeopardy Clause. |
Criminal Law and Procedure |
|
Oct. 25, 2011 | |
|
08-55165
|
Doe v. Busby
Equitable tolling is appropriate for prisoner’s habeas petition where prior counsel’s actions were severely egregious and prisoner used reasonable diligence in pursuing petition. |
Criminal Law and Procedure |
|
Oct. 25, 2011 | |
|
B231019
|
Robey v. Superior Court (People)
Officer electing to seize package with strong odor of marijuana, instead of conducting immediate search, must obtain warrant before opening it. |
Criminal Law and Procedure |
|
Oct. 25, 2011 | |
|
B228027
|
Sanchez v. Valencia Holding Co. LLC
Arbitration provision is unconscionable where it involves surprise due to unequal bargaining power and contains harsh one-sided terms, regardless of validity of class action waiver. |
Contracts |
|
Oct. 25, 2011 | |
|
C066501
|
In re Lucero
California Supreme Court ruling, which held that shooting at occupied vehicle no longer provides predicate for application of felony-murder rule, applies retroactively. |
Criminal Law and Procedure |
|
Oct. 25, 2011 | |
|
B222370
|
Molina v. Board of Administration, California Public Employees’ Retirement System (City of Oxnard)
Settlement funds are not ‘compensation’ to be used for computing employee’s pension where agreement did not grant employee right to characterize proceeds. |
Contracts |
|
Oct. 25, 2011 | |
|
A127698
|
Gananian v. Wagstaffe
District attorneys do not have mandatory duty to investigate and prosecute alleged offenses related to expenditure of voter-approved school bond funds. |
Government |
|
Oct. 24, 2011 | |
|
S179194
|
Baker v. W.C.A.B. (X.S.)
Order |
|
Oct. 21, 2011 | ||
|
S182508
|
Seabright Insurance v. U.S. Airways
Order |
|
Oct. 21, 2011 | ||
|
S195423
|
People v. Vangelder
Order |
|
Oct. 21, 2011 | ||
|
S196200
|
People v. Buza
Order |
|
Oct. 21, 2011 |
