| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B226338
|
Shugart v. The Regents of the University of California
Summary judgment is improper where declaration does not include documents relied on by expert, but is already before court and raises triable issues. |
Civil Procedure |
|
Sep. 25, 2011 | |
|
G044493
|
People v. Gari
'Coram nobis' writ relief is unavailable to petitioner who failed to show existence of fact that was not presented at trial and would have prevented his conviction. |
Criminal Law and Procedure |
|
Sep. 25, 2011 | |
|
04-16688
|
Dukes v. Wal-Mart Stores, Inc.
Order |
|
Sep. 25, 2011 | ||
|
07-10607
|
U.S. v. Fitch
Following fraud and money laundering convictions, sentencing court may consider uncharged premeditated murder to support drastic upward departure from Sentencing Guidelines. |
Criminal Law and Procedure |
|
Sep. 25, 2011 | |
|
10-35032
|
Al Haramain Islamic Foundation v. U.S. Dept. of the Treasury
Substantial evidence supports Office of Foreign Assets Control's designation of nonprofit organization as 'specially designated global terrorist,' justifying freeze on organization's assets. |
Government |
|
Sep. 25, 2011 | |
|
10-35776
|
Confederated Tribes and Bands of the Yakama Indian Nation v. Gregoire
Washington cigarette tax requiring Indian tribe to collect tax from non-Indian purchasers is valid because 'legal incidence' of tax does not fall on tribe. |
Native American Affairs |
|
Sep. 25, 2011 | |
|
10-50313
|
U.S. v. Rivera
Eight-level offense level increase is proper where theft offense qualified as aggravated felony based on judicially-noticeable documents. |
Criminal Law and Procedure |
|
Sep. 25, 2011 | |
|
10-55379
|
Gonzales v. Arrow Financial Services LLC
Cumulative recovery is allowed under complementary federal and state statutes, which protect consumers from unlawful debt collection practices. |
Constitutional Law |
|
Sep. 25, 2011 | |
|
S194928
|
Magness v. Superior Court (People)
Order |
|
Sep. 23, 2011 | ||
|
S195003
|
People v. Butler
Order |
|
Sep. 23, 2011 | ||
|
S190276
|
Duong (Senh) on Habeas Corpus
Order |
|
Sep. 23, 2011 | ||
|
S194530
|
Wright v. Superior Court (People)
Order |
|
Sep. 23, 2011 | ||
|
S194896
|
Davis v. Superior Court (People)
Order |
|
Sep. 23, 2011 | ||
|
S195176
|
Page v. Superior Court (People)
Order |
|
Sep. 23, 2011 | ||
|
S195818
|
Villa v. Superior Court (People)
Order |
|
Sep. 23, 2011 | ||
|
S194079
|
Communities for a Better Environment v. P.U.C. (Pacific Gas & Electric)
Order |
|
Sep. 23, 2011 | ||
|
D057004
|
Golden Hill Neighborhood Association Inc. v. City of San Diego
City’s failure to show proportionality of assessments charged against its park and open areas invalidates votes establishing creation of special district. |
Government |
|
Sep. 22, 2011 | |
|
10-1412
|
Winterton v. Humitech of Northern California LLC (In re Blue Pine Group Inc.)
Bankruptcy court's imposition of sanctions against attorney is appropriate where he filed bankruptcy without corporate authorization and failed to conduct reasonable inquiry. |
Bankruptcy |
|
Sep. 22, 2011 | |
|
09-73625
|
Cole v. Holder
Denial of application for relief under Convention Against Torture is improper because BIA failed to give reasoned consideration to potentially dispositive expert testimony. |
Immigration |
|
Sep. 22, 2011 | |
|
09-16142
|
Prellwitz v. Sisto
Court lacks jurisdiction to review district court’s order instructing Board of Parole Hearings to conduct new hearing because order was not final decision. |
Criminal Law and Procedure |
|
Sep. 22, 2011 | |
|
08-56110
|
GoPets Ltd. v. Hise
Re-registration of domain name does not violate Anticybersquatting Consumer Protection Act's prohibition on registration of names that are confusingly similar to service marks. |
Intellectual Property |
|
Sep. 22, 2011 | |
|
B232295
|
People v. Superior Court (O’Connor)
Inability to complete evaluations due to increased workload and staff shortages is not ‘exigent circumstance’ establishing good cause for 45-day hold on release. |
Criminal Law and Procedure |
|
Sep. 22, 2011 | |
|
A129401
|
Tomra Pacific Inc. v. Chiang
Loans between state funds to help balance state budget are lawful where provisions do not violate single-subject rule prohibiting legislation with multiple subjects. |
Government |
|
Sep. 22, 2011 | |
|
10-1007
|
Palmdale Hills Property LLC v. Lehman Commercial Paper Inc. (In re Palmdale Hills Property LLC)
Master repurchase agreements that clearly indicate parties’ intent that all transactions be treated as sales and purchases are true sales, not secured transactions. |
Bankruptcy |
|
Sep. 21, 2011 | |
|
11-1021
|
BAC Home Loans Servicing LP v. Abdelgadir (In re Abdelgadir)
Petition date is determinative date for whether claim is secured by debtor’s principal residence subject to anti-modification provision in Bankruptcy Code. |
Bankruptcy |
|
Sep. 21, 2011 | |
|
11-1059
|
Pacific Resource Credit Union v. Fish (In re Fish)
Creditor’s pre-deadline filings indicating amounts due on loans and intent to hold debtor liable constitute informal proof of claim, relating back to original filing. |
Bankruptcy |
|
Sep. 21, 2011 | |
|
09-55698
|
Lopez v. Pacific Maritime Association
Plaintiff’s claims for disparate treatment and impact fail where he did not present some evidence of one-strike rule's disparate impact on recovered addicts. |
Employment Law |
|
Sep. 21, 2011 | |
|
10-35206
|
Father M v. Various Tort Claimants
Court may not disclose priest’s personnel files based on mere allegations of sexual abuse, which did not create public interest outweighing confidentiality interests. |
Civil Procedure |
|
Sep. 21, 2011 | |
|
10-55658
|
Maya v. Centex Corp.
Homeowners have standing to sue housing developers for injuries allegedly caused by marketing neighboring homes to individuals with high risk of foreclosure. |
Real Property |
|
Sep. 21, 2011 | |
|
09-10303
|
U.S. v. Pool
Order |
|
Sep. 20, 2011 |
