| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
G044482
|
People v. Moses
Probation conditions are unconstitutionally overbroad because they fail to adequately inform defendant whether conduct will comply with conditions and lack scienter requirement. |
Criminal Law and Procedure |
|
Sep. 20, 2011 | |
|
H036216
|
American Express Centurion Bank v. Zara
Proof of service containing untruthful description of defendant does not comply with personal service statutes to make service valid. |
Civil Procedure |
|
Sep. 20, 2011 | |
|
08-10579
|
U.S. v. Dugan
Statute prohibiting shipping and receiving of firearms through interstate commerce while using controlled substance does not violate Second Amendment. |
Criminal Law and Procedure |
|
Sep. 20, 2011 | |
|
09-55963
|
Kolev v. Euromotors West/The Auto Gallery
Written warranty provisions that mandate predispute binding arbitration are invalid under Magnuson-Moss Warranty Act. |
Contracts |
|
Sep. 20, 2011 | |
|
09-56949
|
Maronyan v. Toyota Motor Sales U.S.A. Inc.
Failure to initially resort to California Dispute Settlement Program before filing claim under Magnuson-Moss Warranty Act does not defeat subject matter jurisdiction. |
Contracts |
|
Sep. 20, 2011 | |
|
10-10223
|
U.S. v. Baker
District court exceeds its statutory authority when imposing DNA collection as condition of defendant’s probation following misdemeanor conviction. |
Criminal Law and Procedure |
|
Sep. 20, 2011 | |
|
10-50341
|
U.S. v. Ibarra-Pino
Defendant is not entitled to jury instruction on duress because he had reasonable opportunity to escape threatened harm via law enforcement. |
Criminal Law and Procedure |
|
Sep. 20, 2011 | |
|
C061163
|
Hennigan v. White
Summary adjudication is proper where defendant showed that failure to perform patch test would not have revealed plaintiff’s subsequent allergic reaction to tattooing. |
Torts |
|
Sep. 20, 2011 | |
|
B226807
|
County of Los Angeles v. Bankers Insurance Co.
Surety has 185-day period following date of bail forfeiture to file motion to exonerate bond. |
Criminal Law and Procedure |
|
Sep. 20, 2011 | |
|
E050858
|
Tuszynska v. Cunningham
Anti-SLAPP statute applies to all claims based on protected petitioning activities, regardless of defendant’s alleged motive for such activities. |
Civil Procedure |
|
Sep. 19, 2011 | |
|
D057777
|
Neil S. v. Mary L.
Alleged father does not have due process right to opportunity to develop relationship with children based on assertion that his relationship with them began in utero. |
Family Law |
|
Sep. 19, 2011 | |
|
06-55750
|
Comite De Jornaleros De Redondo Beach v. City of Redondo Beach
Ordinance that bars individuals from standing on street to solicit employment from occupants of motor vehicles is facially unconstitutional restriction on speech. |
Constitutional Law |
|
Sep. 19, 2011 | |
|
07-15838
|
Ellis v. Costco Wholesale Corp.
Court errs in granting class certification to employees alleging gender discrimination by relying only on admissibility of employees’ evidence to determine commonality. |
Civil Procedure |
|
Sep. 19, 2011 | |
|
C065265
|
United Association Local Union 246 AFL-CIO v. Occupational Safety and Health Appeals Board (Dept. of Industrial Relations)
OSHA Board improperly requires agency, as part of its prima facie case, to demonstrate that 'controlling employer' was in position to abate violative condition. |
Labor Law |
|
Sep. 19, 2011 | |
|
G043124
|
People v. Shields
Defendant in possession of multiple images of minor involved in sexual acts may be separately convicted for each piece of media involving same victim. |
Criminal Law and Procedure |
|
Sep. 19, 2011 | |
|
10-35519
|
Intermountain Fair Housing Council v. Boise Rescue Mission Ministries
Non-profit Christian organization does not violate Fair Housing Act where preference is given to religious guests at its residential drug treatment program and homeless shelters. |
Civil Rights |
|
Sep. 19, 2011 | |
|
08-71086
|
Luna v. Holder
Petitioner fails to show due diligence in discovering deadline for filing special motion to reopen and thus, is not entitled to equitable tolling of deadline. |
Immigration |
|
Sep. 19, 2011 | |
|
09-55880
|
Sherman v. SEC (In re Sherman)
Exception to discharge for securities-related wrongdoing does not apply where debtor is not culpable for securities violation that caused debt. |
Bankruptcy |
|
Sep. 19, 2011 | |
|
B226343
|
People v. Amperano
Information naming specific victim is immaterial where trial proceeds on theory of intent to kill anyone inside house, giving defendant adequate notice of charge. |
Criminal Law and Procedure |
|
Sep. 19, 2011 | |
|
A129946
|
Field v. Bowen
Aspect of open primary law, which precludes candidates from stating preference for nonqualified political party on ballot, is constitutional. |
Government |
|
Sep. 19, 2011 | |
|
A126749
|
California Association of Medical Products Suppliers v. Maxwell-Jolly
Dept.'s adoption of regulations setting upper billing limits for providers of durable medical equipment to Medi-Cal recipients does not violate Administrative Procedures Act. |
Administrative Agencies |
|
Sep. 18, 2011 | |
|
S194673
|
Aragon (Michael Alan) on Habeas Corpus
Order |
|
Sep. 16, 2011 | ||
|
S194750
|
Smith (Robert) on Habeas Corpus
Order |
|
Sep. 16, 2011 | ||
|
S194841
|
People v. J.I.A.
Order |
|
Sep. 16, 2011 | ||
|
S181881
|
Sims (Karen L.) on Habeas Corpus
Order |
|
Sep. 16, 2011 | ||
|
S194764
|
Ferguson v. Avelo Mortgage
Order |
|
Sep. 16, 2011 | ||
|
S194892
|
J.O. v. Superior Court (Department of Health & Human Services)
Order |
|
Sep. 16, 2011 | ||
|
S146985
|
People v. Bradley
Order |
|
Sep. 16, 2011 | ||
|
S174836
|
People v. Aldana
Order |
|
Sep. 16, 2011 | ||
|
S183964
|
People v. Henry
Order |
|
Sep. 16, 2011 |
