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Name Category Published
U.S. v. Krane
Although court has jurisdiction over appeal of order directing law firm to comply with subpoena, defendants' guilty pleas render appeal moot.
Criminal Law and Procedure Oct. 31, 2010
Tracy Joint Unified School District v. Pombo
Property owners subject to eminent domain proceedings are entitled to litigation costs where pretrial settlement offer was unreasonable considering evidence and jury award.
Real Property Oct. 31, 2010
Equilon Enterprises LLC v. State Board of Equalization
Fee imposed by Childhood Lead Poisoning Prevention Act is constitutional tax imposed on gasoline industry, which is identifiably engaged in contributing to contamination.
Taxation Oct. 31, 2010
Vuki v. Superior Court (HSBC Bank USA)
Civil Code Sections 2923.52 and 2923.53 are enforceable only by regulatory agencies, and not subject to private action.
Real Property Oct. 31, 2010
Burke v. Ipsen
Plaintiff does not have to exhaust administrative remedies because claims involved internal union affairs, which employee relations commission was not authorized to resolve.
Labor Law Oct. 31, 2010
McCaskey v. California State Automobile Association
Summary judgment is improper where interpretation of employment contract involves question of material fact as to employer’s right to unilaterally terminate employment policy.
Employment Law Oct. 31, 2010
People v. Long
In peremptory challenge where race is at issue, prosecutor has to prove that non-race based reason given can stand on its own.
Criminal Law and Procedure Oct. 31, 2010
California Correctional Peace Officers' Association v. State of California
Government Code Section 19851 does not mandate payment of overtime compensation to correctional peace officers working over eight hours per day or 40 hours per week.
Labor Law Oct. 31, 2010
Bauer v. MRAG Americas Inc.
Under Marine Mammal Protection Act, vessel owner is immune from negligence suit by fisheries observer who was injured while taking restroom break.
Maritime Law Oct. 28, 2010
Landrigan v. Brewer
Order
Oct. 28, 2010
In re Jenkins
Actual work participation, rather than mere willingness to work, is required for inmate to receive lower security evaluation.
Criminal Law and Procedure Oct. 28, 2010
Berry v. United States Trustee (In re Sustaita)
Civil penalty under Bankruptcy Code Section 526 is improper where petition preparer did not have explicit notice that court acted on its own motion.
Bankruptcy Oct. 28, 2010
People v. Mesa
Order
Oct. 28, 2010
Desert Outdoor Advertising v. S.C. (Murphy)
Order
Oct. 28, 2010
Jackson (Kevin) on Habeas Corpus
Order
Oct. 28, 2010
Grodensky v. Artichoke Joe's Casino
Order
Oct. 28, 2010
L.A. Checker Cab Cooperative v. First Specialty Insurance
Order
Oct. 28, 2010
Valadez-Munoz v. Holder
Alien is removable where continuity of domicile is broken by alien’s choice to return to native country in lieu of immigration proceedings.
Immigration Oct. 28, 2010
Global NAPs California Inc. v. PUC of the State of California
Local exchange carriers that transfer Internet-based calls to traditional phone lines are subject to interconnection agreements for long distance toll calls.
Business Law Oct. 28, 2010
People v. Greenwood
Traffic stop is reasonably based on officers’ objective belief that based on DMV records, vehicle’s registration was expired despite temporary permit.
Criminal Law and Procedure Oct. 28, 2010
Smith v. Superior Court (People)
'Sutton' does not alter finding that court violated defendant's statutory right to speedy trial by continuing trial beyond 60-day limit.
Criminal Law and Procedure Oct. 28, 2010
Hernandez v. Chipotle Mexican Grill Inc.
Class certification is properly denied where individual inquiry would be required to establish if employer failed to provide meal or rest breaks.
Employment Law Oct. 28, 2010
Chan v. Lund
Attorney’s alleged threat to withdraw if client failed to negotiate settlement agreement does not amount to duress entitling client to rescission of contract.
Contracts Oct. 28, 2010
Office of the Inspector General v. Superior Court (The Sacramento Bee)
Investigative materials underlying report by Office of Inspector General on whether parole policies were adequate are exempt from disclosure under California Public Records Act.
Government Oct. 27, 2010
Lickter v. Lickter
Plaintiffs lack standing to bring elder abuse claim on behalf of decedent where they are not successors in interest or interested persons in proceedings.
Probate and Trusts Oct. 27, 2010
Mendoza v. Holder
Robbery under California Penal Code Section 211 is crime involving moral turpitude for purposes of Immigration and Nationality Act.
Immigration Oct. 27, 2010
DSPT International Inc. v. Nahum
Defendant may be liable for cybersquatting where he uses trademarked domain name in bad faith for leverage against plaintiff.
Intellectual Property Oct. 27, 2010
California State Foster Parent Association v. Wagner
Child Welfare Act grants foster parents receiving federal monetary entitlements enforceable right to sue under 42 U.S.C. Section 1983.
Civil Rights Oct. 27, 2010
Muniz v. Amec Construction Management Inc.
Termination of disability benefits is proper where insured fails to provide medical documentation supporting determination of total disability.
Insurance Oct. 27, 2010
People’s Capital and Leasing Corp. v. Big3D Inc. (In re Big3D Inc.)
Creditor is not entitled to retroactive adequate protection for depreciation of collateral’s damage where creditor failed to fully exercise state court remedies.
Bankruptcy Oct. 26, 2010