| Case # | Name | Category | Court | Judge | Published | 
|---|---|---|---|---|---|
| 
 B223723 
 | 
R.S. v. PacifiCare Life and Health Insurance Co.
 Plaintiffs' lawsuit in California is barred by full faith and credit clause, which applies to Missouri's compulsory counterclaim rule.  | 
Civil Procedure | 
 | 
Apr. 12, 2011 | |
| 
 A124598 
 | 
People v. Magee
 Defendant does not have reasonable expectation of privacy inside residence he visited as social guest on numerous occasions.  | 
Criminal Law and Procedure | 
 | 
Apr. 12, 2011 | |
| 
 B225082 
 | 
City of Los Angeles v. Superior Court (Plotkin)
 Inverse condemnation claim against city fails where property owners were unable to show plan to use land for public purpose.  | 
Real Property | 
 | 
Apr. 12, 2011 | |
| 
 B222214 
 | 
People v. Villatoro
 Sentence enhancement for use of stun gun during commitment of offenses is supported by expert testimony that device is dangerous and deadly.  | 
Criminal Law and Procedure | 
 | 
Apr. 12, 2011 | |
| 
 G042799 
 | 
American Modern Home Insurance Co. v. Fahmian
 Court errs in determining that insurer is not entitled to reimbursement when it erroneously applied time constraints not required under prevailing case law.  | 
Insurance | 
 | 
Apr. 11, 2011 | |
| 
 E047523 
 | 
Krikorian Premiere Theatres LLC v. Westminster Central LLC
 Order taxing costs on appeal issued by court after remand is immediately appealable as postjudgment order.  | 
Civil Procedure | 
 | 
Apr. 11, 2011 | |
| 
 10-16645 
 | 
United States v. Arizona
 State’s immigration policy is properly enjoined because it interferes with Congress’ delegation powers requiring direct supervision of Attorney General in enforcing immigration law.  | 
Constitutional Law | 
 | 
Apr. 11, 2011 | |
| 
 08-16745 
 | 
The Facebook Inc. v. Pacific Northwest Software Inc.
 Settlement agreement is enforceable against unknown securities claims, where sophisticated parties engaged in extensive discovery regarding company’s value.  | 
Securities | 
 | 
Apr. 11, 2011 | |
| 
 08-56288 
 | 
Dios v. International Realty & Investments Inc.
 Property management company is not ‘debt collector’ under Fair Debt Collection Practices Act where debt collection obligation was obtained before debt was in default.  | 
Business Law | 
 | 
Apr. 11, 2011 | |
| 
 09-72603 
 | 
Garfias-Rodriguez v. Holder
 Recidivists who enter U.S. multiple times without inspection are ineligible for adjustment of status even under limited exemption from general rule.  | 
Immigration | 
 | 
Apr. 11, 2011 | |
| 
 D056974 
 | 
People v. Byrd
 Defendant may be sentenced under ‘one strike law’ where simple kidnapping is followed by aggravated kidnapping of same victim in course of events.  | 
Criminal Law and Procedure | 
 | 
Apr. 10, 2011 | |
| 
 B220863 
 | 
Iversen v. California Village Homeowners Association
 Independent contractor plaintiff cannot use Cal-OSHA regulations to establish negligence per se because regulations only apply to employees.  | 
Torts | 
 | 
Apr. 10, 2011 | |
| 
 B224723 
 | 
McMackin v. Ehrheart
 Equitable estoppel may preclude assertion of statute of limitations defense in distribution of property promised by decedent to cohabitant.  | 
Probate and Trusts | 
 | 
Apr. 10, 2011 | |
| 
 D057405 
 | 
In re Russo
 'Some evidence' supports decision to deny parole because inmate explained that his actions on night of crime were unintentional.  | 
Criminal Law and Procedure | 
 | 
Apr. 10, 2011 | |
| 
 D056444 
 | 
People v. Morgan
 Hate crime statute applied to elevate misdemeanor conviction to felony conviction is properly found to be prior serious felony for sentencing purposes.  | 
Criminal Law and Procedure | 
 | 
Apr. 7, 2011 | |
| 
 05-16801 
 | 
Karuk Tribe of California v. United States Forest Service
 U.S. Forest Service decision to allow mining operation according to notice of intent does not trigger interagency consulting obligation under Endangered Species Act.  | 
Environmental Law | 
 | 
Apr. 7, 2011 | |
| 
 08-74452 
 | 
Reyes-Torres v. Holder
 BIA errs in dismissing motion to reopen filed after petitioner had been removed because ‘departure bar’ does not preclude review.  | 
Immigration | 
 | 
Apr. 7, 2011 | |
| 
 09-10095 
 | 
U.S. v. Greer
 Extortion conviction does not require that defendant have specific intent to violate law, but knowledge he was not legally entitled to property he tried to obtain.  | 
Criminal Law and Procedure | 
 | 
Apr. 7, 2011 | |
| 
 09-35647 
 | 
Gardner v. United States Bureau of Land Management
 Bureau of Land Management has discretion to allow use of off-road vehicles on land where there is no evidence that land had suffered undue degradation.  | 
Environmental Law | 
 | 
Apr. 7, 2011 | |
| 
 09-50580 
 | 
U.S. v. Delgado-Ramos
 Court is not required to inform defendant of immigration consequences of plea where Supreme Court decision merely casts doubt on precedent.  | 
Criminal Law and Procedure | 
 | 
Apr. 7, 2011 | |
| 
 09-55860 
 | 
Gutierrez v. Advanced Medical Optics Inc.
 Court must reconsider initial dismissal of case based on adequate alternative forum where foreign forum subsequently denied jurisdiction.  | 
Civil Procedure | 
 | 
Apr. 7, 2011 | |
| 
 10-50131 
 | 
U.S. v. Ewing
 Officer has probable cause to search folded bills placed in car’s weather stripping during traffic stop based on totality of circumstances.  | 
Criminal Law and Procedure | 
 | 
Apr. 7, 2011 | |
| 
 10-70913 
 | 
Gonzalez-Medina v. Holder
 Asylum application is denied because one-year filing deadline does not violate Equal Protection and domestic abuse in U.S. is not ‘past persecution.’  | 
Immigration | 
 | 
Apr. 7, 2011 | |
| 
 C065746 
 | 
Z.W., a Minor
 Mother forfeits claims concerning defects to contents of final Indian Child Welfare Act notices after having multiple opportunities to correct deficiencies.  | 
Native American Affairs | 
 | 
Apr. 7, 2011 | |
| 
 B219524 
 | 
Sullivan v. Centinela Valley Union High School District
 Probationary teacher may not assert failure of service where he avoided service of decision not to reelect and knew of decision.  | 
Education | 
 | 
Apr. 7, 2011 | |
| 
 E050297 
 | 
People v. Indiana Lumbermens Mutual Insurance Co.
 Court does not lose jurisdiction to declare bond forfeited due to defendant’s failure to attend proceeding where his appearance was not required.  | 
Criminal Law and Procedure | 
 | 
Apr. 7, 2011 | |
| 
 05-75936 
 | 
Vukmirovic v. Holder
 Order  | 
 | 
Apr. 6, 2011 | ||
| 
 05-75936 
 | 
Vukmirovic v. Holder
 'Exceptional circumstances' safe harbor for alien removed in absentia does not apply where he failed to inform government about address change.  | 
Immigration | 
 | 
Apr. 6, 2011 | |
| 
 09-16460 
 | 
A.D. v. Markgraf
 Officer is entitled to qualified immunity where reasonable officer would not know shooting driver engaged in high-speed pursuit would violate due process rights.  | 
Constitutional Law | 
 | 
Apr. 6, 2011 | |
| 
 09-35175 
 | 
Strom v. United States
 Deferral of tax consequences of stock option exercises is erroneous because there was no reasonable chance that Section 16(b) suit would have succeeded.  | 
Taxation | 
 | 
Apr. 6, 2011 | 
