| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
A124706
|
E.R., a Minor
Conspiracy to commit murder conviction does not compel finding of first-degree, rather than second-degree, murder where murder occured under circumstances not contemplated. |
Juveniles |
|
Oct. 21, 2010 | |
|
A127283
|
Trivedi v. Curexo Technology Corp.
Arbitration clause is unconscionable where agreement did not limit employer's right to recover to instances where employee's claims would be unfounded. |
Contracts |
|
Oct. 21, 2010 | |
|
S079179
|
People v. Bacon
Trial court has discretion in deciding whether foundational evidence is sufficient in establishing preliminary fact. |
Criminal Law and Procedure |
|
Oct. 21, 2010 | |
|
S185457
|
City of Alhambra v. County of Los Angeles
Order |
|
Oct. 21, 2010 | ||
|
S185107
|
People v. Gomberg
Order |
|
Oct. 21, 2010 | ||
|
S186992
|
Herrera v. CA 2/5 (People)
Order |
|
Oct. 21, 2010 | ||
|
S184929
|
Aryeh v. Canon Business Solutions
Order |
|
Oct. 21, 2010 | ||
|
09-16020
|
Ahcom Ltd. v. Smeding
No general alter ego claim exists under California law to allow corporations and shareholders to be treated as alter egos for purposes of corporation's debts. |
Corporations |
|
Oct. 21, 2010 | |
|
09-55673
|
MGA Entertainment Inc. v. Mattel Inc.
Constructive trust transferring Bratz trademark portfolio to Mattel Inc. is improper where defendant's legitimate efforts increased value of Bratz brand. |
Intellectual Property |
|
Oct. 21, 2010 | |
|
B221636
|
1-800-Got Junk? LLC v. Superior Court (Millennium Asset Recovery Inc.)
California Franchise Relations Act does not bar choice of law provision where provision gave franchisee enhanced protection under Washington law. |
Corporations |
|
Oct. 21, 2010 | |
|
G042010
|
People v. Torres
Defendant convicted based on unlawful inventory search is entitled to separate review of denials of motions to set aside and to suppress. |
Criminal Law and Procedure |
|
Oct. 21, 2010 | |
|
B214462
|
Marriage of Sivyer-Foley
Community is entitled to share of partnership distributions earned before couple’s separation, despite distribution made after separation. |
Family Law |
|
Oct. 21, 2010 | |
|
A126234
|
Chiatello v. City and County of San Francisco
Taxpayer lacks standing to challenge tax that he is not personally liable for, precluding any injury that may give him argument for standing. |
Taxation |
|
Oct. 21, 2010 | |
|
B215034
|
Antounian v. Louis Vuitton Malletier
Anti-SLAPP motions to strike malicious prosecution action are properly granted where denial of summary judgment motion showed probable cause. |
Torts |
|
Oct. 21, 2010 | |
|
A124358
|
People v. Powers-Monachello
Although admissible at preliminary hearing, extrajudicial statements must be accompanied by independent evidence to support conspiracy charge. |
Criminal Law and Procedure |
|
Oct. 20, 2010 | |
|
B220469
|
MacKay v. Superior Court (21st Century Insurance Co.)
Insured must seek judicial review of decision by Dept. of Insurance to decline jurisdiction over challenge to approved rate, rather than pursuing civil action. |
Insurance |
|
Oct. 20, 2010 | |
|
05-75449
|
Pedroza v. BRB
Psychological injuries arising from legitimate personnel actions are not compensable under Longshore and Harbor Worker's Compensation Act. |
Maritime Law |
|
Oct. 20, 2010 | |
|
08-50429
|
U.S. v. Mitchell
Sentencing judge may depart downward for defendant sentenced as career offender to account for sentencing disparity between crack and powder cocaine. |
Criminal Law and Procedure |
|
Oct. 20, 2010 | |
|
08-72188
|
In re Gonzales
Capital habeas petitioner is entitled to stay pending competency determination even if his claims are record-based or legal in nature. |
Criminal Law and Procedure |
|
Oct. 20, 2010 | |
|
G040486
|
Abers v. Rounsavell
Appellate court may independently determine whether contract is ambiguous and is not bound by trial court’s legal interpretation of contract term. |
Contracts |
|
Oct. 19, 2010 | |
|
08-99005
|
Earp v. Cullen
District court errs in permitting witness to invoke privilege against self-incrimination without determining basis for invocation. |
Criminal Law and Procedure |
|
Oct. 19, 2010 | |
|
09-16123
|
J.W. v. Fresno Unified School District
Order |
|
Oct. 19, 2010 | ||
|
09-55334
|
Smith v. Almada
Claim for alleged ‘Brady’ violation based on failure to disclose exculpatory evidence is not allowed where defendant is ultimately acquitted. |
Civil Rights |
|
Oct. 19, 2010 | |
|
F057147
|
People v. Sanchez
'Marsden' hearing is appropriate where defendant implies desire to withdraw plea on ineffective assistance of counsel basis. |
Criminal Law and Procedure |
|
Oct. 19, 2010 | |
|
E049209
|
SunLine Transit Agency v. Amalgamated Transit Union Local 1277
Arbitration award including reinstatement and back pay does not contravene Workers' Compensation Act where termination absent just cause was outside compensation bargain. |
Workers' Compensation |
|
Oct. 18, 2010 | |
|
09-9515
|
Pitre v. Cain
Order |
|
Oct. 18, 2010 | ||
|
06-55750
|
Comite De Jornaleros De Redondo Beach v. City of Redondo Beach
Order |
|
Oct. 18, 2010 | ||
|
10-98
|
Ashcroft v. Al-Kidd
Order |
|
Oct. 18, 2010 | ||
|
10-5895
|
Dandar v. Pennsylvania
Order |
|
Oct. 18, 2010 | ||
|
10-6462
|
Robinson v. United States
Order |
|
Oct. 18, 2010 |
