| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
10-35789
|
United States v. Stonehill
Evidence of government’s participation in raid in foreign country, which was later found unconstitutional, does not demonstrate fraud on court. |
Civil Procedure |
|
Sep. 28, 2011 | |
|
10-50280
|
U.S. v. Barraza-Lopez
Preindictment time limit under Speedy Trial Act restarts when underlying complaint is dismissed and charges are later refiled. |
Criminal Law and Procedure |
|
Sep. 28, 2011 | |
|
B224207
|
Lefebvre v. Lefebvre
Anti-SLAPP motion to strike malicious prosecution claim is properly denied where filing of false police report did not arise from exercise of free speech. |
Torts |
|
Sep. 28, 2011 | |
|
B223311
|
People v. Robinson
Prior conviction for being felon in possession of firearm is admissible as crime of moral turpitude despite potential to violate statute without moral blame. |
Criminal Law and Procedure |
|
Sep. 28, 2011 | |
|
B224887
|
People v. Espiritu
Trial court errs in ordering further deliberations after jury returned ‘not true’ verdict regarding allegation court determined to be inconsistent with other jury findings. |
Criminal Law and Procedure |
|
Sep. 28, 2011 | |
|
F059773
|
Grayson Services Inc. v. Wells Fargo Bank
National banking association is subject to duties and liabilities imposed on 'third persons' under California's Enforcement of Judgments Law. |
Banking |
|
Sep. 27, 2011 | |
|
G041811
|
Estate of Giraldin
Beneficiaries have no standing to pursue claims for breach of fiduciary duties against trustee for actions taken while settlor had power to revoke trust. |
Probate and Trusts |
|
Sep. 27, 2011 | |
|
10-1018
|
Filarsky v. Delia
Order |
|
Sep. 27, 2011 | ||
|
10-1211
|
Vartelas v. Holder
Order |
|
Sep. 27, 2011 | ||
|
10-1399
|
Roberts v. Sea-Land Services, et al.
Order |
|
Sep. 27, 2011 | ||
|
10-1542
|
Holder v. Gutierrez
Order |
|
Sep. 27, 2011 | ||
|
10-1543
|
Holder v. Sawyers
Order |
|
Sep. 27, 2011 | ||
|
10-9995
|
Wood v. Milyard
Order |
|
Sep. 27, 2011 | ||
|
C065812
|
Panakosta Partners LP v. Hammer Lane Management LLC
Anti-SLAPP statute does not apply to limited partners' petition to avoid dissolution via buyout of partnership's shares under Corporations Code Section 15908.02. |
Corporations |
|
Sep. 27, 2011 | |
|
B228426
|
L.K. v. Golightly
Parent must seek judicial review of Child Support Services Dept. decision by filing petition for writ of mandate, not tort action. |
Family Law |
|
Sep. 27, 2011 | |
|
B226436
|
People v. Trejo
Defendant is not denied right to fair trial due to contentious plea bargaining negotiations, during which confusion arose as to prosecutor’s offer. |
Criminal Law and Procedure |
|
Sep. 27, 2011 | |
|
B225058
|
Hillside Memorial Park and Mortuary v. Golden State Water Co.
Court must admit evidence, and if necessary, suggest physical solution for use of dewatered acreage if parties cannot resolve issue in motion to amend judgment. |
Environmental Law |
|
Sep. 27, 2011 | |
|
B222988
|
Chitsazzadeh v. Kramer & Kaslow
Finding that special motion to strike was not timely filed, standing alone, does not support finding that motion was frivolous for purposes of attorney fee award. |
Civil Procedure |
|
Sep. 27, 2011 | |
|
06-73470
|
Jiang v. Holder
Immigration judge errs in refusing to allow alien to authenticate foreign documents through his own testimony to prove unmarried status. |
Immigration |
|
Sep. 26, 2011 | |
|
06-74309
|
Haile v. Holder
Alien is eligible for deferral removal despite terrorist involvement where alien demonstrated likelihood of torture by government if returned to country of citizenship. |
Immigration |
|
Sep. 26, 2011 | |
|
08-15620
|
Silva v. Di Vittorio
Prisoner may proceed ‘in forma pauperis’ where orders of dismissal were filed months after instant appeal and thus, did not count as ‘strike.’ |
Prisoners Rights |
|
Sep. 26, 2011 | |
|
09-17477
|
Earl v. Nielsen Media Research Inc.
Summary judgment is improper where plaintiff raises triable issue that employer’s reason for termination was pretext for unlawful age discrimination. |
Employment Law |
|
Sep. 26, 2011 | |
|
09-99004
|
Stokley v. Ryan
Defendant is not entitled to habeas relief where, regardless of admissibility of new evidence, he fails to show counsel’s representation fell below standard of reasonableness. |
Criminal Law and Procedure |
|
Sep. 26, 2011 | |
|
10-10571
|
U.S. v. Perelman
First Amendment overbreadth challenge to statute prohibiting unauthorized wearing of military medals fails because statute requires intent to deceive. |
Criminal Law and Procedure |
|
Sep. 26, 2011 | |
|
10-16916
|
Team Enterprises LLC v. Western Investment Real Estate Trust
Under CERCLA, manufacturer does not ‘arrange for disposal’ of hazardous substances where purpose of product is to recover hazardous substances, not disposal. |
Environmental Law |
|
Sep. 26, 2011 | |
|
10-50074
|
U.S. v. Chung
Sufficient evidence supports defendant's conviction for espionage where proprietary documents, which were considered ‘trade secrets,’ were found in his possession. |
Criminal Law and Procedure |
|
Sep. 26, 2011 | |
|
10-50399
|
U.S. v. Sykes
Modification of sentence that imposes statute’s mandatory minimum, falling within amended sentencing range, does not constitute new sentence. |
Criminal Law and Procedure |
|
Sep. 26, 2011 | |
|
10-56465
|
American Trucking Associations Inc. v. The City of Los Angeles
Federal Aviation Administration Authorization Act preempts provision in concession agreements between port and motor carriers, which required carriers to hire employee drivers over time. |
Government |
|
Sep. 26, 2011 | |
|
H035902
|
People v. Nottoli
Warrantless searches of vehicle and cell phone discovered in vehicle following traffic stop are justified as searches incident to arrest. |
Criminal Law and Procedure |
|
Sep. 26, 2011 | |
|
B227019
|
People v. Aguirre
Federal indictment is not ‘direct consequence’ of guilty plea in state court where federal charge and state conviction are different offenses. |
Criminal Law and Procedure |
|
Sep. 26, 2011 |
