| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
99-17350
|
Rodriguez v. Airborne Express
Lawsuit is dismissed because plaintiff failed to exhaust administrative remedies by not filing timely charge with Department of Fair Employment and Housing. |
Employment Law |
|
Nov. 13, 2001 | |
|
00-55122
|
FTC v. Gill
Company that promised to repair credit and accepted payment prior to services violated federal credit law. |
Administrative Agencies |
|
Nov. 13, 2001 | |
|
00-8002
|
E.F.W. v. St. Stephen's Indian High School
Indian tribes have sovereign immunity and must expressly waive that immunity before being subject to liability. |
Civil Rights |
|
Nov. 13, 2001 | |
|
99-17539
|
U.S. v. Horizon West Inc.
Private party may sue for Medicare fraud because prior disclosures had not already revealed underlying allegations. |
Civil Procedure |
|
Nov. 13, 2001 | |
|
00-50402
|
U.S. v. West Coast Aluminum Heat Treating Co.
Court did not err by using loss calculation based on government's net profit analysis in determining fine to be imposed on defendants. |
Criminal Law and Procedure |
|
Nov. 13, 2001 | |
|
99-35946
|
Batlan v. TransAmerica Commercial Finance Corp. (In re Smith's Home Furnishings)
Trustee failed to show that preferential payments to floating lien creditor were avoidable transfers. |
Bankruptcy |
|
Nov. 13, 2001 | |
|
C032862
|
Acree v. General Motors Acceptance Corp.
Party breached contract by using accelerated method in computing unearned premium refunds on collateral protection insurance without disclosing method to borrowers. |
Contracts |
|
Nov. 13, 2001 | |
|
B144004
|
Sanabria v. Embrey
Dismissal of claim against defendant triggered deadline to request costs, even though claim against another defendant was still pending. |
Civil Procedure |
|
Nov. 13, 2001 | |
|
B147084
|
Continental Casualty Co. v. Superior Court (Paragon Homes Inc.)
Insurance company was not obligated to defend insured in lawsuit involving dissolution of partnership when policy only covered property damage. |
Insurance |
|
Nov. 13, 2001 | |
|
B143598
|
Castillo v. City of Los Angeles
When prerequisites of issue preclusion are met and public policy favors applying preclusion, employee is precluded from relitigating issue of wrongful discharge. |
Civil Procedure |
|
Nov. 13, 2001 | |
|
G022642
|
Laborde v. Aronson
Defendant was protected from suit by litigation privilege, and attorney defendant representing self may be awarded sanctions. |
Civil Procedure |
|
Nov. 13, 2001 | |
|
A093010
|
California Teachers Assn. v. Mendocino Unified School District
School district may lay off probationary teacher for economic reasons and may also later decide not to re-elect teacher. |
Education |
|
Nov. 13, 2001 | |
|
B140899
|
Goebel v. City of Santa Barbara
Court correctly finds that city has no liability for inverse condemnation and correctly includes expert witness fees in awarding costs to city. |
Government |
|
Nov. 13, 2001 | |
|
C034356
|
Andre v. City of West Sacramento
Plaintiff who won lawsuit is not entitled to attorney fees without showing she actually incurred them. |
Civil Procedure |
|
Nov. 13, 2001 | |
|
F035332
|
Levy v. Blum
Trial court correctly awarded sanctions for frivolous litigation tactics under one of two possible statutes. |
Civil Procedure |
|
Nov. 13, 2001 | |
|
B148802
|
Williams v. Superior Court (People)
Aggravated assault is not serious felony 'strike' unless it involves a deadly weapon or is on firefighter or peace officer. |
Criminal Law and Procedure |
|
Nov. 13, 2001 | |
|
C035442
|
People v. Evans
Court errs in sentencing for dissuasion when crime defendant was convicted of didn't relate to another felony. |
Criminal Law and Procedure |
|
Nov. 13, 2001 | |
|
01-1015
|
U.S. v. Grose
Order |
|
Nov. 13, 2001 | ||
|
D036354
|
Arenas v. San Diego Board of Supervisors
|
|
Nov. 13, 2001 | ||
|
B136160
|
In re Marriage of Duffy
No breach of fiduciary duty where there is insufficient evidence of husband's refusal to provide information about which wife did not inquire. |
Family Law |
|
Nov. 12, 2001 | |
|
B131078
|
Rosenman v. Christensen, Miller, Fink, Jacobs, Glaser, Weil & Shapiro
Employer who successfully defended against discrimination suit is not entitled to attorney fee award unless employee's claim was frivolous. |
Employment Law |
|
Nov. 12, 2001 | |
|
B145169
|
Lockley v. Law Office of Cantrell, Green, Pekich, Cruz & McCort
Statute of limitations did not expire for malpractice lawsuit when it appeared law firm continuously represented client. |
Civil Procedure |
|
Nov. 12, 2001 | |
|
G027388
|
In re Christopher K.
Mandatory presumption that defendant removed identification markings on firearm was constitutionally invalid where case could not be proved beyond reasonable doubt. |
Juveniles |
|
Nov. 12, 2001 | |
|
B148502
|
CBS Broadcasting Inc. v. Superior Court (California Dept. of Social Services)
Television station entitled to learn names of people granted criminal exemptions to work in child day care facilities. |
Government |
|
Nov. 12, 2001 | |
|
00-083
|
Carter-Waters Oklahoma, Inc. v. Bank One Trust Co. (In re Eufaula Industrial Authority)
Claim of subordination is properly denied where there is no showing of inequitable conduct by construction bond holder. |
Bankruptcy |
|
Nov. 12, 2001 | |
|
B142396
|
Fraizer v. Velkura
Grandparent's legal rights to child were not terminated when parents' rights to child were extinguished. |
Torts |
|
Nov. 12, 2001 | |
|
C030492
|
People v. Cook
Defendant charged with murder conspiracy was properly convicted of conspiracy to commit assault with firearm. |
Criminal Law and Procedure |
|
Nov. 12, 2001 | |
|
D034614
|
Wilson v. County of San Diego
County is not liable for minor's injuries because it had no duty to prevent him from running away from county facility. |
Torts |
|
Nov. 12, 2001 | |
|
B143160
|
RCJ Medical Services Inc. v. Director of State Dept. of Health Services
State agency may delegate authority to conduct Medi-Cal audits despite federal law requiring single state agency. |
Administrative Agencies |
|
Nov. 12, 2001 | |
|
C034064
|
Marriage of Wolfe
Community-funded improvement to spouse's separate property is not presumed gift and community is entitled to reimbursement. |
Family Law |
|
Nov. 12, 2001 |
