| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
A129094
|
Disney v. City of Concord
City ordinance restricting storage of recreational vehicles on private residential property constitutes proper use of police power for aesthetic purposes. |
Constitutional Law |
|
May 3, 2011 | |
|
D056599
|
Vanderpol v. Starr
Row of trees erected to annoy adjoining property owners constitutes 'structure in nature of fence' for purposes of 'spite fence' statute. |
Real Property |
|
May 3, 2011 | |
|
B223242
|
Anthony G., a Minor
Dependency jurisdiction is not supported by substantial evidence where minor is provided for by mother and grandmother, regardless of father’s lack of involvement. |
Juveniles |
|
May 2, 2011 | |
|
G043190
|
People v. Ferguson
Court properly declines to instruct jury on defense of unconsciousness due to voluntary intoxication where defendant did not lack awareness of actions. |
Criminal Law and Procedure |
|
May 2, 2011 | |
|
S191240
|
People v. Gonzalez
Order |
|
May 2, 2011 | ||
|
D056528
|
Hahn v. Diaz-Barba
Defendants meet burden of subject matter jurisdiction in alternative forum where they agree to such jurisdiction and waive any limitations claims. |
Civil Procedure |
|
May 2, 2011 | |
|
09-50544
|
U.S. v. Henderson
District courts have discretion to vary from child pornography sentencing guidelines based on policy disagreements with them. |
Criminal Law and Procedure |
|
May 2, 2011 | |
|
07-72340
|
Zamanov v. Holder
Additional incidents described in supplemental declaration materially alter asylum applicant's account of persecution, casting doubt on credibility. |
Immigration |
|
May 2, 2011 | |
|
09-17646
|
GCB Communications Inc. v. U.S. South Communications Inc.
Completing carriers are not required to compensate payphone service providers unless coding digits, identifying what phones were used, are actually provided to carriers. |
Administrative Agencies |
|
May 2, 2011 | |
|
C063147
|
Unite Here Local 30 v. Dept. of Parks and Recreation (Delaware North Companies Parks & Resorts at San Diego LLC)
Assignment of concession contract regarding state park property is not subject to competitive bidding requirements where assignment does not materially change contract terms. |
Labor Law |
|
May 2, 2011 | |
|
B218003
|
Concerned Dog Owners of California v. City of Los Angeles
City ordinance requiring sterilization of pets to control overpopulation does not violate free speech rights and is valid exercise of police power. |
Constitutional Law |
|
May 2, 2011 | |
|
H034349
|
People v. Powell
Sufficient evidence supports conviction for exposing daughter to pornographic movies where victim described seeing movie in which actors engaged in sexual activity. |
Criminal Law and Procedure |
|
May 2, 2011 | |
|
H035083
|
People v. Velasco
Prison officials do not violate defendant's due process rights in failing to preserve evidence that remained in defendant's control. |
Criminal Law and Procedure |
|
May 2, 2011 | |
|
D055920
|
Tucker v. CBS Radio Stations Inc.
Duty of care does not extend to rescuer where injuries are not reasonably foreseeable, given extended sequence of events. |
Torts |
|
May 2, 2011 | |
|
D057523
|
Petrus v. State of California DMV
Driver is deprived of opportunity to present meaningful defense in violation of due process because counsel received blood test results minutes before hearing. |
Administrative Agencies |
|
May 2, 2011 | |
|
S188956
|
Gonzalez v. Southern California Gas
Order |
|
Apr. 29, 2011 | ||
|
S190821
|
People v. Higgins
Order |
|
Apr. 29, 2011 | ||
|
S159830
|
Galaz on Discipline
Order |
|
Apr. 29, 2011 | ||
|
S156100
|
Malkenhorst v. Superior Court (People)
Order |
|
Apr. 29, 2011 | ||
|
S179122
|
Nelson v. Exxon Mobil
Order |
|
Apr. 29, 2011 | ||
|
C062668
|
People v. Gray
Defendant waives his attorney-client communication privilege regarding documents brought to stand and used to refresh his memory in testifying. |
Criminal Law and Procedure |
|
Apr. 29, 2011 | |
|
08-99030
|
Kemp v. Ryan
Defendant's rights to be free from compelled self-incrimination are not violated where officers asked him questions attendant to custody while in jail. |
Criminal Law and Procedure |
|
Apr. 29, 2011 | |
|
09-56196
|
Marlo v. United Parcel Service Inc.
Employer’s blanket exemption policy regarding employee’s position does not eliminate need to establish common issues predominated over individual ones for class certification. |
Civil Procedure |
|
Apr. 29, 2011 | |
|
10-10038
|
U.S. v. Nosal
Employee ‘exceeds authorized access’ to computer information under Computer Fraud and Abuse Act by violating employer’s computer use restrictions. |
Criminal Law and Procedure |
|
Apr. 29, 2011 | |
|
10-30124
|
U.S. v. Whitlock
Court must disclose probation officer's sentencing recommendation following revocation of supervised release as to information it relied on in sentencing. |
Criminal Law and Procedure |
|
Apr. 29, 2011 | |
|
B226064
|
Marriage of Greenberg
Husband’s appeal, which was based on facts not credited by trial court following sanction order, is frivolous. |
Family Law |
|
Apr. 29, 2011 | |
|
B216358
|
Bell v. Mason
Defense’s expert witness does not have to show personal examination of plaintiff to establish sufficient foundation regarding evaluation of her mental status. |
Civil Procedure |
|
Apr. 29, 2011 | |
|
D057091
|
Mark T. v. Jamie Z.
When parent makes request to relocate child, court must consider custody arrangement in minor’s best interest, not whether parent is permitted to move. |
Family Law |
|
Apr. 29, 2011 | |
|
H035619
|
Cedar Fair L.P. v. City of Santa Clara
Approval of term sheet that sets forth basic terms of proposed transaction to develop stadium does not require environmental impact report. |
Environmental Law |
|
Apr. 29, 2011 | |
|
G043266
|
Zalkind v. Ceradyne Inc.
Complaint alleging breach of asset purchase agreement is time-barred by limitations period because plaintiffs' direct claim is included in definition of indemnification. |
Contracts |
|
Apr. 28, 2011 |
