| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
10-15215
|
Chapman v. Deutsche Bank National Trust Company
Order |
|
Jun. 23, 2011 | ||
|
B220763
|
People v. Johnigan
Implied malice finding for second-degree murder following fatality caused by intoxicated motorist does not require previous act of prior conviction or alcohol-related accident. |
Criminal Law and Procedure |
|
Jun. 23, 2011 | |
|
G043777
|
Jeffrey H., a Minor
Appeal of order allowing juvenile to admit new allegation as part of plea bargain is authorized despite decision to grant probation. |
Juveniles |
|
Jun. 22, 2011 | |
|
10-15276
|
Momot v. Mastro
Court errs in enjoining arbitration where parties clearly entered into agreement indicating intent to have arbitrators decide threshold question of arbitrability. |
Civil Procedure |
|
Jun. 22, 2011 | |
|
07-56869
|
Cyr v. Reliance Standard Life Insurance Co.
ERISA claim for increased benefits is not limited to benefits plan or plan administrator, and third-party insurer is proper defendant. |
Employment Law |
|
Jun. 22, 2011 | |
|
08-16676
|
Reina-Rodriguez v. U.S.
Appellate decision limiting definition of ‘burglary’ under Armed Career Criminal Act applies retroactively. |
Criminal Law and Procedure |
|
Jun. 22, 2011 | |
|
08-50141
|
U.S. v. Martinez
Records maintained by local police department in murder investigation, which related to prosecution of RICO case, are exempt from discovery. |
Criminal Law and Procedure |
|
Jun. 22, 2011 | |
|
08-74371
|
Gil v. Holder
State conviction for ‘carrying weapon concealed within vehicle’ is properly deemed ‘firearms offense’ rendering defendant ineligible for cancellation of removal. |
Immigration |
|
Jun. 22, 2011 | |
|
H036274
|
J.S., a Minor
Juvenile court’s failure to issue formal finding directed at its choice to terminate jurisdiction is harmless error. |
Juveniles |
|
Jun. 22, 2011 | |
|
B224841
|
Gunderson v. Wall
Court properly denies motion for interest accrued on reversed punitive damages payment where defendants engaged in misconduct in post-judgment collection proceedings. |
Civil Procedure |
|
Jun. 22, 2011 | |
|
B228470
|
Griffith v. Superior Court (People)
Misdemeanors joined with felonies are subject to being set aside if not supported by evidence presented at preliminary hearing. |
Criminal Law and Procedure |
|
Jun. 21, 2011 | |
|
08-17030
|
AT&T Communications of California Inc. v. Pac-West Telecomm Inc.
FCC regulations preempt state regulations for Internet phone calls between competitive local exchange carriers where state regulations were contrary to FCC’s regulations. |
Government |
|
Jun. 21, 2011 | |
|
09-72059
|
Carrillo de Palacios v. Holder
Applicant is inadmissible because she returned to U.S. following one-year period of unlawful presence although one-year period occurred before statute's effective date. |
Immigration |
|
Jun. 21, 2011 | |
|
10-50246
|
U.S. v. Flores-Perez
Appellate court lacks jurisdiction to review motion to dismiss superseding indictment based on double jeopardy claim relying on assertion of erroneous denial of acquittal motion. |
Criminal Law and Procedure |
|
Jun. 21, 2011 | |
|
C066321
|
People v. Patel
Probation condition proscribing conduct punishable for presence, possession, association, or other action requires scienter for violation. |
Criminal Law and Procedure |
|
Jun. 21, 2011 | |
|
A125080
|
Dacey v. Taraday
Estate must assert failure to file creditor’s claim as independent defense to preserve issue on appeal. |
Probate and Trusts |
|
Jun. 21, 2011 | |
|
B220875
|
Tashakori v. Lakis
Equitable easement is proper where land is accessible only through neighbor’s driveway and relative harm to driveway owner is minor. |
Real Property |
|
Jun. 21, 2011 | |
|
A128757
|
People v. Hume
Attorney-defendant is not entitled to offset of restitution award to victims who also received reimbursement from California State Bar Client Security Fund. |
Criminal Law and Procedure |
|
Jun. 21, 2011 | |
|
F059382
|
Chawanakee Unified School District v. County of Madera (Rio Mesa Holdings LLC)
Project's indirect impacts on parts of physical environment that are not school facilities must be considered in environmental impact report. |
Environmental Law |
|
Jun. 21, 2011 | |
|
B222941
|
Conservatorship of Buchenau
Conservator of estate may retain deposit for sale of property where late tender of deed did not excuse buyer’s performance. |
Conservatorship |
|
Jun. 21, 2011 | |
|
A129336
|
Aronson v. Advanced Cell Technology
Court properly applies entirety of California Civil Code Section 1717 in denying attorney fees to party in action that was voluntarily dismissed. |
Civil Procedure |
|
Jun. 21, 2011 | |
|
10-9984
|
Aysisayh v. Florida
Order |
|
Jun. 20, 2011 | ||
|
10-10596
|
Futch v. United States
Order |
|
Jun. 20, 2011 | ||
|
10-9998
|
In re Shirley Remmert
Order |
|
Jun. 20, 2011 | ||
|
10-1150
|
Mayo Collaborative Svcs. v. Prometheus Labs., Inc.
Order |
|
Jun. 20, 2011 | ||
|
10-10
|
Turner v. Rogers
State is not required to provide counsel at civil contempt proceeding, but must have procedures assuring fair determination of parent’s ability to pay support order. |
Family Law |
|
Jun. 20, 2011 | |
|
10-174
|
American Electric Power Co. Inc. v. Connecticut
Clean Air Act displaces federal common law of nuisance regarding emissions standards for carbon dioxide. |
Environmental Law |
|
Jun. 20, 2011 | |
|
09-1476
|
Borough of Duryea v. Guarnieri
Government employer's allegedly retaliatory actions do not give rise to liability under Petition Clause unless petition related to matter of public interest. |
Employment Law |
|
Jun. 20, 2011 | |
|
10-277
|
Wal-Mart Stores Inc. v. Dukes
Certification of class of female employees, who alleged that employer engaged in discrimination by allowing disparate treatment, is improper due to lack of commonality. |
Employment Law |
|
Jun. 20, 2011 | |
|
09-10276
|
Rogers v. United States
Order |
|
Jun. 20, 2011 |
