| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
A124895
|
People v. Smith
Forensic analyst’s testimony based on another analyst’s underlying report does not violate defendant’s right to confront witness where testifying expert made substantive findings. |
Criminal Law and Procedure |
|
Mar. 2, 2011 | |
|
09-1036
|
Henderson v. Shinseki
120-day deadline for filing notice of appeal with Court of Appeals for Veterans Claims does not carry 'jurisdictional' attributes. |
Civil Procedure |
|
Mar. 2, 2011 | |
|
09-400
|
Staub v. Proctor Hospital
Employer is liable for discriminating against employee where supervisors performed acts motivated by antimilitary animus, which proximately caused termination. |
Employment Law |
|
Mar. 2, 2011 | |
|
09-1279
|
FCC v. AT&T Inc.
Corporations do not have ‘personal privacy’ interests under Freedom of Information Act to exempt their documents from disclosure by federal agency upon request. |
Corporations |
|
Mar. 2, 2011 | |
|
10-1141
|
Pacific Capital Bancorp N.A. v. East Airport Development LLC (In re East Airport Development LLC)
Bankruptcy judge may enforce release price agreement between parties because party may be compelled, in legal or equitable action, to accept money satisfaction. |
Bankruptcy |
|
Mar. 2, 2011 | |
|
05-72412
|
Gallegos-Vasquez v. Holder
Illegal Immigration Reform and Immigration Responsibility Act does not apply retroactively to deny relief to aliens with settled expectation of relief under INA Section 212(c). |
Immigration |
|
Mar. 2, 2011 | |
|
09-17091
|
Adam v. Norton
Back Pay Act waives federal government’s sovereign immunity from liability for interest for plaintiff’s prevailing action under Age Discrimination in Employment Act. |
Employment Law |
|
Mar. 2, 2011 | |
|
H035317
|
In re Rodriguez
Parole reversal is properly vacated because record did not support governor’s finding that inmate currently posed danger to society if released. |
Criminal Law and Procedure |
|
Mar. 2, 2011 | |
|
C063268
|
Bollay v. California Office of Administrative Law (California State Lands Commission)
Commission’s policy regulating mean high tide line does not simply reiterate law, and therefore is subject to procedural requirements under Administrative Procedure Act. |
Real Property |
|
Mar. 2, 2011 | |
|
B214397
|
People v. Leiva
Court retains power over defendant because he was neither discharged nor sentenced to prison between probation revocation and arrest years later. |
Criminal Law and Procedure |
|
Mar. 2, 2011 | |
|
B221057
|
Tamkin v. CBS Broadcasting Inc.
Use of plaintiffs’ names for characters during creation of television show episode is exercise of free speech entitled to anti-SLAPP protection. |
Civil Procedure |
|
Mar. 2, 2011 | |
|
10-1117
|
Carter v. Brooms (In re Brooms)
Prepetition debt arising from judgment owed by debtor to assignee is properly discharged due to assignee's willful failure to comply with court orders. |
Bankruptcy |
|
Mar. 2, 2011 | |
|
09-150
|
Michigan v. Bryant
Victim’s responses to police questioning as he lay mortally wounded in parking lot after being shot by defendant are nontestimonial and admissible. |
Criminal Law and Procedure |
|
Mar. 1, 2011 | |
|
08-1120
|
AM. Home Products Corp., et al. v. Ferrari
Order |
|
Mar. 1, 2011 | ||
|
10-668
|
Priester v. Ford Motor Co.
Order |
|
Mar. 1, 2011 | ||
|
10-681
|
U.S. v. Dewar
Order |
|
Mar. 1, 2011 | ||
|
S178320
|
In re Baycol Cases I and II
Order dismissing both individual and class claims is not appealable under ‘death knell’ doctrine because named plaintiff can still pursue his individual claims. |
Civil Procedure |
|
Mar. 1, 2011 | |
|
S172684
|
Bruns v. E-Commerce Exchange Inc.
Partial stay of proceedings does not constitute stay of prosecution of action and counts toward computing time in which action must be brought to trial. |
Civil Procedure |
|
Mar. 1, 2011 | |
|
S178799
|
Cabral v. Ralphs Grocery Co.
Driver has general duty to use ordinary care in operating vehicle, and specific factual circumstances are improper factors in determining foreseeability in negligence analysis. |
Torts |
|
Mar. 1, 2011 | |
|
S175615
|
People v. Hernandez
Court must make individualized finding as to necessity of placing deputy behind testifying defendant and may not allow procedure pursuant to routine policy. |
Criminal Law and Procedure |
|
Mar. 1, 2011 | |
|
10-17719
|
Center for Food Safety v. Vilsack
Plaintiffs fail to show irreparable harm required for preliminary injunction seeking destruction of sugar beets planted pursuant to permits issued by agency. |
Environmental Law |
|
Mar. 1, 2011 | |
|
08-56349
|
Alaimalo v. U.S.
Prisoner is entitled to habeas relief where he makes showing of actual innocence that he was unable to raise in previous habeas proceedings. |
Criminal Law and Procedure |
|
Mar. 1, 2011 | |
|
08-60037
|
AmeriCredit Financial Services Inc. v. Penrod (In re Penrod)
Order |
|
Mar. 1, 2011 | ||
|
09-56999
|
Garcia v. Benov
Order |
|
Mar. 1, 2011 | ||
|
E050596
|
Riverside Sheriffs' Association v. County of Riverside
Public safety officer is entitled to appeal of termination despite rescission because officer had been denied wages and benefits of employment. |
Employment Law |
|
Mar. 1, 2011 | |
|
C062380
|
State Farm Mutual Automobile Insurance Co. v. Lee
Insurance company has right to engage in discovery to investigate uninsured motorist claims, including inquiry into extraneous issues of treating chiropractors during deposition. |
Civil Procedure |
|
Mar. 1, 2011 | |
|
B221016
|
People v. Ramos
Attempted murder jury instruction requires only that defendant had intent to kill, rather than varying degrees of mens rea as in murder charge. |
Criminal Law and Procedure |
|
Mar. 1, 2011 | |
|
A128131
|
Kirkwood v. California State Automobile Association Inter-Insurance Bureau
Dispute over method for determining actual cash value of lost or injured property under fire insurance policy is not subject to mandatory appraisal. |
Insurance |
|
Mar. 1, 2011 | |
|
A127489
|
Seymore v. Metson Marine Inc.
Court errs in granting employer summary judgment where issues exist as to whether ‘stand-by’ time counts towards ‘hours worked’ and should be compensated. |
Employment Law |
|
Mar. 1, 2011 | |
|
H034892
|
Magallan v. Superior Court (People)
Discovery of materials to prove violation of Fourth Amendment rights takes precedence over state statute that prohibits discovery in criminal cases. |
Criminal Law and Procedure |
|
Feb. 28, 2011 |
