| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
10-9847
|
In re David K. Danser
Order |
|
Apr. 25, 2011 | ||
|
07-36086
|
Miller v. Oregon Board of Parole and Post-Prison Supervision
Oregon statute placing burden on prisoner to make showing of parole eligibility creates liberty interest in early parole eligibility. |
Criminal Law and Procedure |
|
Apr. 25, 2011 | |
|
09-50446
|
U.S. v. Sandoval-Gonzalez
Conviction for being alien who reentered U.S. after deportation is vacated where burden of proof was shifted to alien to establish citizenship. |
Criminal Law and Procedure |
|
Apr. 25, 2011 | |
|
B221424
|
People v. Varela
Defendant’s conviction for evading police officer while driving motor vehicle is proper because ‘pocket bike’ is within definition of ‘motor vehicle.’ |
Criminal Law and Procedure |
|
Apr. 25, 2011 | |
|
B209862
|
FEI Enterprises Inc. v. Yoon
Objective standard applies in determining whether good faith dispute between general contractor and subcontractor negates prompt-payment penalty. |
Contracts |
|
Apr. 25, 2011 | |
|
A131011
|
Coca-Cola Enterprises Inc. v. WCAB
Worker rendered temporarily totally disabled is entitled to statutory rate of two-thirds his average weekly earnings, not higher, maximum rate. |
Workers' Compensation |
|
Apr. 25, 2011 | |
|
B222463
|
People v. Valdez
Defendant may be sentenced per occurrence, not victim, under ‘one strike law,’ where sex offenses were committed against multiple victims. |
Criminal Law and Procedure |
|
Apr. 25, 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 |
|
Apr. 24, 2011 | |
|
09-15163
|
International Church of the Foursquare Gospel v. City of San Leandro (Faith Fellowship Foursquare Church)
Triable issue of material fact exists as to whether city imposed substantial burden on church's religious assembly by denying rezoning application. |
Constitutional Law |
|
Apr. 24, 2011 | |
|
S150518
|
California Farm Bureau Federation v. State Water Resources Control Board
Annual fee collected to be used for administration of water resources, but not for revenue purposes, only requires majority assent. |
Administrative Agencies |
|
Apr. 24, 2011 | |
|
B224303
|
Cuiellette v. City of Los Angeles
Liability for disability discrimination is properly based on employee’s ability to perform ‘light duty’ position, which was regularly given to individuals with medical restrictions. |
Employment Law |
|
Apr. 24, 2011 | |
|
S150518
|
California Farm Bureau Federation v. State Water Resources Control Board
Order |
|
Apr. 21, 2011 | ||
|
S190581
|
Riverisland Cold Storage v. Fresno Madera Production Credit Association
Order |
|
Apr. 21, 2011 | ||
|
S191020
|
People v. Ahmed
Order |
|
Apr. 21, 2011 | ||
|
S190625
|
Loveless (Michael Jay) on Habeas Corpus
Order |
|
Apr. 21, 2011 | ||
|
S190805
|
Villa Vicenza Homeowners v. Nobel Court Development
Order |
|
Apr. 21, 2011 | ||
|
S191196
|
People v. Estrada
Order |
|
Apr. 21, 2011 | ||
|
S191261
|
In re Robert M.
Order |
|
Apr. 21, 2011 | ||
|
S190534
|
Davenport v. Superior Court (People)
Order |
|
Apr. 21, 2011 | ||
|
S179115
|
Howell v. Hamilton Meats & Provisions
Order |
|
Apr. 21, 2011 | ||
|
S182788
|
Porter v. Wyner
Order |
|
Apr. 21, 2011 | ||
|
08-56756
|
Tobar v. United States
Court has discretion to determine whether foreign reciprocity exists under Public Vessels Act before dismissing case on sovereign immunity grounds. |
Maritime Law |
|
Apr. 21, 2011 | |
|
07-70118
|
Perez-Mejia v. Holder
Government is relieved of burden of offering further evidence to prove removability because alien admitted conviction and conceded removability at pleading stage. |
Immigration |
|
Apr. 21, 2011 | |
|
B221206
|
E.M. v. Los Angeles Unified School District
Minor's application for leave to file late claim against school district in relation to molestation is timely where filed within one year of molestation. |
Torts |
|
Apr. 20, 2011 | |
|
E049504
|
Innovative Business Partnerships Inc. v. Inland Counties Regional Center Inc.
Vendor has potential breach of contract claim under Lanterman Act where vendor continued to provide transportation services following termination of written agreement with regional center. |
Contracts |
|
Apr. 20, 2011 | |
|
B219504
|
Oxbow Carbon & Minerals LLC v. Dept. of Industrial Relations (Iron Workers Union Local No. 433)
Work performed under two separate contracts to form 'complete integrated object' constitutes 'public work' subject to California's prevailing wage law. |
Labor Law |
|
Apr. 20, 2011 | |
|
08-1438
|
Sossamon v. Texas
In accepting federal funding, states do not consent to waive sovereign immunity to private suits under Religious Land Use and Institutionalized Persons Act of 2000. |
Constitutional Law |
|
Apr. 20, 2011 | |
|
D057709
|
Varshock v. California Dept. of Forestry and Fire Protection
Public entity is entitled to immunity where death resulted from firefighter’s allegedly negligent operation of motor vehicle while attempting to fight fire. |
Torts |
|
Apr. 20, 2011 | |
|
10-30202
|
W.P.L., a Minor
Court properly imposes condition of supervised release directing minor to register as sex offender ‘if required by law.’ |
Juveniles |
|
Apr. 20, 2011 | |
|
09-16775
|
U.S. v. Bibbins
Substantial evidence supports conviction for willfully resisting government employee where defendant failed to obey park rangers’ orders during attempted arrest. |
Criminal Law and Procedure |
|
Apr. 20, 2011 |
