| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
10-30247
|
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 | |
|
C061239
|
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 | |
|
C059079
|
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 | |
|
G043544
|
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 | |
|
B218286
|
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 | |
|
H032186
|
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 | |
|
H033197
|
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 | |
|
A126080
|
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 | |
|
09-17254
|
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 | |
|
10-99021
|
Landrigan v. Brewer
Order |
|
Oct. 28, 2010 | ||
|
S175242
|
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 | |
|
09-1350
|
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 | |
|
S185688
|
People v. Mesa
Order |
|
Oct. 28, 2010 | ||
|
S186081
|
Desert Outdoor Advertising v. S.C. (Murphy)
Order |
|
Oct. 28, 2010 | ||
|
S175696
|
Jackson (Kevin) on Habeas Corpus
Order |
|
Oct. 28, 2010 | ||
|
S172237
|
Grodensky v. Artichoke Joe's Casino
Order |
|
Oct. 28, 2010 | ||
|
S185188
|
L.A. Checker Cab Cooperative v. First Specialty Insurance
Order |
|
Oct. 28, 2010 | ||
|
06-72510
|
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 | |
|
09-55600
|
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 | |
|
B220315
|
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 | |
|
A124763
|
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 | |
|
B216004
|
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 | |
|
H034196
|
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 | |
|
C064178
|
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 | |
|
C061782
|
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 | |
|
06-72865
|
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 | |
|
08-55062
|
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 | |
|
09-15025
|
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 | |
|
09-55689
|
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 | |
|
09-1292
|
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 |
