| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
09-71636
|
Leiva-Perez v. Holder
Stay of removal is proper where petitioner shows irreparable harm would be probable upon removal and strong likelihood of success on merits of his petition. |
Immigration |
|
Apr. 3, 2011 | |
|
10-30093
|
U.S. v. Fasthorse
Sexual abuse conviction is upheld based on reasonable conclusion that victim was physically unable to decline participation in sexual act while asleep. |
Criminal Law and Procedure |
|
Apr. 3, 2011 | |
|
11-15743
|
Cook v. Brewer
Inmate’s claim that use of drug in execution would cause needless suffering fails because claim was unsupported and based on speculative conclusions. |
Constitutional Law |
|
Apr. 3, 2011 | |
|
D056892
|
Branson v. Sharp Healthcare Inc.
Court may order refund of overpayment of Medi-Cal lien as exceeding reimbursable medical costs based on beneficiary’s reasonable calculation adopted by court. |
Torts |
|
Mar. 31, 2011 | |
|
G043788
|
De La Cuesta v. Benham
Court abuses its discretion in awarding attorney fees because determination that there was no prevailing party created extremely uneven result in case. |
Civil Procedure |
|
Mar. 31, 2011 | |
|
A127476
|
Morrison v. Vineyard Creek
Tenant is not entitled to attorney fees following settlement with landlord whereby landlord allowed tenant to operate day care facility in apartment. |
Real Property |
|
Mar. 31, 2011 | |
|
H034868
|
People v. Kim
Court may not impose additional life sentences pursuant to plea agreement without giving defendant opportunity to withdraw his plea. |
Criminal Law and Procedure |
|
Mar. 31, 2011 | |
|
08-72288
|
Natural Resources Defense Council Inc. v. U.S. EPA
EPA's adequacy determination as to limits on motor vehicle emissions within state implementation plan is not arbitrary or capricious. |
Environmental Law |
|
Mar. 31, 2011 | |
|
09-10139
|
U.S. v. Cotterman
Government’s border search authority extends beyond actual border, and may include transporting property away from border for proper evaluation. |
Criminal Law and Procedure |
|
Mar. 31, 2011 | |
|
09-16674
|
Robidoux v. Rosengren
Court’s determination of whether proposed settlement serves best interests of minor plaintiffs is limited to whether net amount distributed to each minor is fair and reasonable. |
Civil Procedure |
|
Mar. 31, 2011 | |
|
09-56035
|
Islamic Shura Council of Southern California v. FBI
District court errs in issuing order to unseal Sealed Order containing sensitive information, which FBI withheld under Freedom of Information Act, despite government’s misconduct. |
Government |
|
Mar. 31, 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 |
|
Mar. 31, 2011 | |
|
H036143
|
People v. Lara
Court has discretion in determining whether prior strike enhancement, which was ‘dismissed’ under plea agreement, affects defendant’s presentence credits. |
Criminal Law and Procedure |
|
Mar. 31, 2011 | |
|
B225646
|
Monty v. Leis
Investor may use its majority shares after agreement is signed to amend articles to allow it to issue additional shares to itself. |
Corporations |
|
Mar. 31, 2011 | |
|
H036365
|
Epstein v. Superior Court (Brown)
Appellate proceeding contesting trial court’s refusal to issue preliminary injunction against sale of government buildings is moot after government subsequently cancels sale. |
Government |
|
Mar. 31, 2011 | |
|
B228409
|
In re Jackson
Parole may not be denied based on defendant’s refusal to admit guilt alone absent showing that he would present risk of danger to society if released. |
Criminal Law and Procedure |
|
Mar. 31, 2011 | |
|
A128121
|
Wollmer v. City of Berkeley (R.B. Tech Center LP)
Approval of mixed-use affordable housing project does not violate state density bonus law where developer does not have to accept rent cap. |
Real Property |
|
Mar. 31, 2011 | |
|
A128172
|
California Medical Association v. Brown
Loan from Contingent Fund of Medical Board to help balance state budget is proper since loan did not interfere with Board’s functions. |
Government |
|
Mar. 31, 2011 | |
|
S185496
|
Carson v. Michaels Stores
Order |
|
Mar. 31, 2011 | ||
|
S188021
|
Alvarez v. Kmart Holding Corporation
Order |
|
Mar. 31, 2011 | ||
|
B223566
|
Clarendon America Insurance Co. v. General Security Indemnity Co. of Arizona
Construction defect action against insured is not covered under products-completed operations hazard provision where insured had not completed work on home. |
Insurance |
|
Mar. 31, 2011 | |
|
S190230
|
In re L.L.
Order |
|
Mar. 31, 2011 | ||
|
S190245
|
In re L.L.
Order |
|
Mar. 31, 2011 | ||
|
S190923
|
Roe 58 v. Doe 1
Order |
|
Mar. 31, 2011 | ||
|
S190692
|
Doe 3 v. Superior Court (Doe)
Order |
|
Mar. 31, 2011 | ||
|
S190544
|
Juror Number One v. Superior Court (Royster)
Order |
|
Mar. 31, 2011 | ||
|
09-16810
|
California Shock Trauma Air Rescue v. State Compensation Insurance Fund
Plaintiff’s expectation of federal preemption defense is insufficient to establish federal subject matter jurisdiction over state-law claims. |
Civil Procedure |
|
Mar. 31, 2011 | |
|
09-72766
|
Jimenez-Juarez v. Holder
Petitioner is deportable based on state felony conviction for child molestation in third degree, which constitutes crime of child abuse. |
Immigration |
|
Mar. 31, 2011 | |
|
10-15715
|
Singh v. Holder
Government must prove by clear and convincing evidence that continued detention of alien is justified at bond hearing. |
Immigration |
|
Mar. 31, 2011 | |
|
09-73682
|
Saucedo-Arevalo v. Holder
For purposes of cancellation of removal, petitioner must satisfy 10-year continuous physical presence requirement and cannot impute physical presence of mother. |
Immigration |
|
Mar. 30, 2011 |
