| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
09-56689
|
C.F. v. Capistrano Unified School District
Public school teacher is entitled to qualified immunity from suit alleging violations of Establishment Clause based on statements made during history class. |
Civil Rights |
|
Aug. 22, 2011 | |
|
H034619
|
People v. Lopez
Admission of evidence of prior uncharged acts of misconduct is error as to first degree burglary charge because probative value did not outweigh prejudice. |
Criminal Law and Procedure |
|
Aug. 22, 2011 | |
|
B219199
|
Pacific Caisson & Shoring Inc. v. Bernards Bros. Inc.
Subcontractor’s general engineering contractor’s license is valid under subcontract requiring lesser, specialty license allowing same work. |
Contracts |
|
Aug. 22, 2011 | |
|
B209056
|
El-Attar v. Hollywood Presbyterian Medical Center
Elected committee must appoint hearing panel and may not delegate this task to governing board in absence of contrary bylaw provision. |
Civil Procedure |
|
Aug. 22, 2011 | |
|
10-35497
|
Yakima Valley Memorial Hospital v. Washington State Dept. of Health
Repealed act does not provide congressional authorization for state certificate of need regulations for purposes of providing defense to dormant Commerce Clause claim. |
Constitutional Law |
|
Aug. 22, 2011 | |
|
10-35646
|
Center for Environmental Law and Policy v. United States Bureau of Reclamation
State agency's environmental assessment for proposed incremental drawdown of water is proper although part of cumulative effects analysis was perfunctory. |
Environmental Law |
|
Aug. 22, 2011 | |
|
S085348
|
People v. Castaneda
Kidnapping conviction is reversed where erroneous instruction as to asportation element in kidnapping charge prejudiced defendant. |
Criminal Law and Procedure |
|
Aug. 19, 2011 | |
|
S179115
|
Howell v. Hamilton Meats & Provisions Inc.
Collateral-source rule does not preclude write-offs from medical care providers because plaintiff never incurred liability for original amount of medical bills. |
Torts |
|
Aug. 19, 2011 | |
|
S182263
|
People v. Milward
Defendant's conviction for aggravated assault is necessarily included within offense of aggravated assault by life prisoner and thus, must be reversed. |
Criminal Law and Procedure |
|
Aug. 19, 2011 | |
|
S085348
|
People v. Castaneda
Order |
|
Aug. 19, 2011 | ||
|
S194861
|
California Redevelopment Association v. Matosantos
Order |
|
Aug. 19, 2011 | ||
|
E051217
|
Martin v. Inland Empire Utilities Agency
Order granting anti-SLAPP motion with leave to amend constitutes functional equivalent of order denying motion. |
Civil Procedure |
|
Aug. 19, 2011 | |
|
B229451
|
J.H., a Minor
Denial of request for designation as presumed father is improper where juvenile court’s parentage ruling failed to determine biological paternity. |
Juveniles |
|
Aug. 19, 2011 | |
|
S194107
|
People v. Cottone
Order |
|
Aug. 19, 2011 | ||
|
C061560
|
People v. Mitchell
Sentence must be reduced where part of sentence was based on enhancement with which defendant was never charged and which he did not admit committing. |
Criminal Law and Procedure |
|
Aug. 19, 2011 | |
|
B218515
|
People v. Canizalez
Sufficient evidence supports second-degree murder conviction based on subjective awareness of risk of death that street racing created. |
Criminal Law and Procedure |
|
Aug. 19, 2011 | |
|
F060838
|
Templo Calvario Spanish Assembly of God v. Gardner Construction Corp.
Contract entered into by unlicensed contractor is not automatically illegal and void, and therefore, arbitrator may arbitrate dispute. |
Contracts |
|
Aug. 18, 2011 | |
|
A128443
|
The Villa Los Alamos Homeowners Association v. State Farm General Insurance Co.
Losses incurred due to asbestos disturbance are subject to coverage denial under property insurance policy containing pollution exclusion. |
Insurance |
|
Aug. 18, 2011 | |
|
08-15943
|
Souliotes v. Evans
Order |
|
Aug. 18, 2011 | ||
|
09-36130
|
Ammons v. State of Washington Dept. of Social and Health Services
Hospital administrator is not entitled to qualified immunity from suit alleging due process violation where she knew about accusations of sexual abuse against staff member. |
Constitutional Law |
|
Aug. 18, 2011 | |
|
09-56447
|
Oliver v. Ralphs Grocery Co.
Plaintiff must identify barriers that constitute grounds for discrimination claim under Americans with Disabilities Act in complaint itself, rather than expert report. |
Civil Rights |
|
Aug. 18, 2011 | |
|
10-15167
|
Miranda v. Braatz
Tribal courts may impose up to one-year term of imprisonment for each discrete criminal violation even though crimes arose out of single transaction. |
Native American Affairs |
|
Aug. 18, 2011 | |
|
10-15180
|
Yonemoto v. Dept. of Veterans Affairs
Agency fails to comply with Freedom of Information Act by disclosing records to requester only in his capacity as employee of that agency. |
Government |
|
Aug. 18, 2011 | |
|
A129396
|
Thomson v. Canyon
Parole evidence rule does not preclude evidence of oral reconveyance agreement, which seller offered to establish real estate agent's breach of fiduciary duty. |
Real Property |
|
Aug. 18, 2011 | |
|
B222596
|
Bullock v. Philip Morris USA Inc.
Multi-million dollar punitive damages award against cigarette manufacturer is not unconstitutionally excessive where company's conduct was highly reprehensible. |
Torts |
|
Aug. 18, 2011 | |
|
A130540
|
Zelasko-Barrett v. Brayton-Purcell LLP
Professional exemption from overtime pay applies to law school graduate performing legal services, who was not yet licensed to practice law. |
Employment Law |
|
Aug. 18, 2011 | |
|
09-56395
|
Dougherty v. City of Covina
Search warrant lacks probable cause where insufficient nexus exists between allegations of sexual molestation at defendant’s workplace and search for child pornography. |
Civil Rights |
|
Aug. 17, 2011 | |
|
S194861
|
California Redevelopment Association v. Matosantos
Order |
|
Aug. 17, 2011 | ||
|
B226327
|
People v. Meza
Court has discretion to grant motion to correct error where prosecution’s omission of evidence regarding tolling of statute of limitations is ‘minor.’ |
Criminal Law and Procedure |
|
Aug. 17, 2011 | |
|
B217011
|
Barrese v. Murray
60-day limit on court's power to rule on motion for new trial does not apply where appellate court remands case for further proceedings on motion. |
Civil Procedure |
|
Aug. 17, 2011 |
