| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B222278
|
Freeman v. Sullivant
Court properly denies continuance after finding no good cause and giving appearance attorney short time to prepare. |
Civil Procedure |
|
Feb. 4, 2011 | |
|
B222837
|
Frank R., a Minor
Due process requires finding of unfitness or detriment by clear and convincing evidence before court may terminate parental rights. |
Juveniles |
|
Feb. 4, 2011 | |
|
C061494
|
Dobbas v. Vitas
Insurer may not intervene in breach of contract action brought by insured against different insurer, where equitable subrogation is not shown. |
Insurance |
|
Feb. 3, 2011 | |
|
07-36086
|
Miller v. Oregon Board of Parole and Post-Prison Supervision
Order |
|
Feb. 3, 2011 | ||
|
08-10480
|
U.S. v. Rivera-Gomez
Resisting arrest conviction associated with defendant’s attempt to avoid detection of illegal reentry should be calculated as offense characteristic for sentencing purposes. |
Immigration |
|
Feb. 3, 2011 | |
|
09-71383
|
Association of Irritated Residents v. United States Environmental Protection Agency
Agency arbitrarily approves attainment plan revision by failiing to evaluate existing plan and determining its necessity in ensuring compliance with Clean Air Act. |
Environmental Law |
|
Feb. 3, 2011 | |
|
10-10009
|
U.S. v. Morris
Government’s take it or leave it plea offer to defendant with condition he testify against gang leader in trial does not violate due process. |
Criminal Law and Procedure |
|
Feb. 3, 2011 | |
|
10-90016
|
In re Complaint of Judicial Misconduct
Order |
|
Feb. 3, 2011 | ||
|
B216392
|
Blue Water Sunset LLC v. Markowitz
Limited liability company member which filed action against second member may move to disqualify attorney who represented company and second member with conflicting interests. |
Attorneys |
|
Feb. 3, 2011 | |
|
A127746
|
People v. Brewer
Defendant subject to indeterminate life sentence is entitled to presentence conduct credits under Penal Code Section 4019. |
Criminal Law and Procedure |
|
Feb. 3, 2011 | |
|
G043486
|
Smith v. Freund
Parents of adult son who suffered from social disorder do not owe duty of care to family of murdered victims when harm was unforeseeable. |
Torts |
|
Feb. 3, 2011 | |
|
09-35096
|
U.S. v. Global Fishing Inc.
District court does not have discretion to deny request for legal assistance under mutual legal assistance treaty between United States and Russia. |
Government |
|
Feb. 2, 2011 | |
|
04-76624
|
Sharma v. Holder
Petitioner is ineligible for asylum when persecution was not on account of his political views but to force his father from publishing his book. |
Immigration |
|
Feb. 2, 2011 | |
|
08-17302
|
Mathis v. County of Lyon
Public administrator is not entitled to qualified immunity for claim that he improperly took property from decedent's home absent notice and hearing to survivors. |
Constitutional Law |
|
Feb. 2, 2011 | |
|
08-71074
|
California Wilderness Coalition Natural Resources Defense Council v. Desert Protection Society
Dept. of Energy must engage in meaningful exchange of information to constitute ‘consultation with affected states’ requirement under Federal Power Act. |
Administrative Agencies |
|
Feb. 2, 2011 | |
|
09-16377
|
First National Mortgage Co. v. Federal Realty Investment Trust
Court did not err in submitting question to jury of whether ambiguous “Final Proposal” signed by parties constituted binding contract. |
Contracts |
|
Feb. 2, 2011 | |
|
B212933
|
Green v. Laibco LLC
Court lacks jurisdiction to rule on motion for new trial after 60-day limit expires from time moving party files notice of intention. |
Civil Procedure |
|
Feb. 2, 2011 | |
|
10-1082
|
Green v. Roberts (In re Stinson)
In determining perfected transfer, transfer of interest in vehicle is effective when transferee obtained equitable title despite failure to register with DMV. |
Bankruptcy |
|
Feb. 2, 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 |
|
Feb. 1, 2011 | |
|
S081479
|
People v. Moore
Interrogation is not custodial where defendant voluntarily agrees to make statement in patrol car and at station, despite being suspect. |
Criminal Law and Procedure |
|
Feb. 1, 2011 | |
|
S056364
|
People v. Jones
Although defense stated prima facie case of improper use, prosecutor properly exercises peremptory challenges for race-neutral reasons. |
Criminal Law and Procedure |
|
Feb. 1, 2011 | |
|
07-72316
|
Rangel-Zuazo v. Holder
Age of offender at time of offense does not play role in determining whether juvenile offender has 'conviction' for purposes of INA. |
Immigration |
|
Feb. 1, 2011 | |
|
08-35988
|
King v. American Family Mutual Insurance Co.
Mere appointment of agent for service of process in state does not constitute generalized consent to be sued in that state. |
Civil Procedure |
|
Feb. 1, 2011 | |
|
08-99026
|
Stanley v. Cullen
Court reasonably finds insufficient evidence to doubt defendant’s competency based on trial counsel’s assurances and defendant’s demeanor in courtroom. |
Criminal Law and Procedure |
|
Feb. 1, 2011 | |
|
09-15768
|
Hrdlicka v. Reniff
Summary judgment is improper where exercise of inmate’s constitutional right to receive publication raises question of material fact regarding adverse impact on jail. |
Prisoners Rights |
|
Feb. 1, 2011 | |
|
C062354
|
In re Loveless
Court errs in vacating denial of parole for defendant who lacked remorse and insight into gravity of offense committed. |
Criminal Law and Procedure |
|
Feb. 1, 2011 | |
|
B217708
|
People v. Miranda
Enhancement findings as to personal firearm use that are inconsistent with verdict on substantive offenses do not render verdict invalid. |
Criminal Law and Procedure |
|
Feb. 1, 2011 | |
|
D055671
|
People v. Manzo
Defendant unambiguously invokes right to remain silent by staying silent and indicating he was exercising his right before stating he understood warnings given. |
Criminal Law and Procedure |
|
Feb. 1, 2011 | |
|
B219335
|
Arzate v. Bridge Terminal Transport Inc.
Court errs in granting summary judgment to employer in wage and hour lawsuit where employer exerted some control over workers. |
Labor Law |
|
Feb. 1, 2011 | |
|
A128398
|
Bologna v. City and County of San Francisco
Surviving family members cannot proceed against city under theory that policy of providing sanctuary to illegal immigrants caused decedents' murders. |
Torts |
|
Feb. 1, 2011 |
