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Powerhouse Motorsports Group Inc. v. Yamaha Motor Corp. U.S.A.
Yamaha Motor Corp. unreasonably withholds its consent to sale of motorcycle dealership and franchise to another dealer.
Contracts Nov. 26, 2013
Steiner v. Superior Court (Volkswagen Group of America)
Trial court’s gag order requiring attorney to take down website pages, which described her successes in similar trials, infringes free speech rights.
Constitutional Law Nov. 26, 2013
White Mountains Reinsurance Co. of America v. Borton Petrini LLP
Insurer may pursue legal malpractice action against law firm, after obtaining claim as part of large commercial transfer from another insurance company.
Insurance Nov. 26, 2013
Optimal Markets Inc. v. Salant
Attorneys do not have to pay sanctions in trial court for filing allegedly frivolous claim, which was decided entirely by arbitrator.
Civil Procedure Nov. 26, 2013
Marriage of Bianco
Family court may not order attorney to pay sanctions for hiring co-counsel, who could not practice in California, based on California Rules of Court.
Attorneys Nov. 25, 2013
City of Irvine v. County of Orange
Orange County may delay analysis of potential environmental effects of proposed expansion of jail facilities on land next to City of Irvine.
Environmental Law Nov. 25, 2013
In the matter of Margaret Fonberg
Order
Nov. 25, 2013
Marriage of Burwell
Ex-wife must hold off on spending term life insurance proceeds because issues remain as to whether policy is community asset, husband’s separate property, or both.
Family Law Nov. 24, 2013
Kurz v. Syrus Systems LLC
Employer may not sue former employee for malicious prosecution based on his claim for unemployment benefits, even if judge denied that claim as frivolous.
Employment Law Nov. 24, 2013
Hana Financial Inc. v. Hana Bank
Korean financial organization has priority in relation to trademark of Korean word because it used a similar, yet different mark before another Korean company.
Intellectual Property Nov. 24, 2013
U.S. v. Arreguin
DEA agents violate Fourth Amendment by searching home’s master bedroom after rushing past houseguest, who let them in but could not consent to a search.
Criminal Law and Procedure Nov. 24, 2013
Lamar Central Outdoor LLC v. California Dept. of Transportation
Outdoor advertiser may not place flat screen electronic message center next to public highway because it is located within 1,000 feet of other displays.
Business Law Nov. 24, 2013
Moncada v. West Coast Quartz Corp.
Defunct company’s employees may pursue contract claim against former owners, who promised to pay them hefty bonuses if they stayed until sale of company.
Contracts Nov. 24, 2013
Conseco Marketing LLC v. IFA and Insurance Services Inc.
LLC does not have to qualify to do business in California to enforce another state's judgment in California superior court.
Civil Procedure Nov. 24, 2013
Franchise Tax Board v. Superior Court (Quellos Group LLC)
Franchise Tax Board may not retroactively impose $27 million, instead of $2,000, penalty on financial adviser for promoting abusive tax shelter in 2001.
Taxation Nov. 21, 2013
Autumn K., a Minor
County agency must meaningfully evaluate grandfather’s criminal exemption request before allowing adoption of Native American child by non-Native family.
Native American Affairs Nov. 21, 2013
People v. Vangelder
Expert testimony regarding breath-testing machines may not be used in drunken-driving trial because it encouraged jury to ignore legislative policy.
Criminal Law and Procedure Nov. 21, 2013
Martinez (Lombard Adonis) on H.C.
Order
Nov. 21, 2013
Coker v. JP Morgan Chase Bank
Order
Nov. 21, 2013
Happy Nails & Spa of Fashion Valley v. Su
Order
Nov. 21, 2013
People v. Haro
Convicted stalker's prior juvenile robbery case may not be used as a 'strike' to increase his sentence under Three Strikes law.
Criminal Law and Procedure Nov. 21, 2013
Suhey G., a Minor
Social services agency’s failure to properly tell father about proceedings deprives him of opportunity to appear at hearing and obtain custody of daughter.
Juveniles Nov. 21, 2013
A.A., a Minor
Sons may not be removed from father's custody based on his sexual abuse of unrelated girl because they are not at risk of being abused as well.
Juveniles Nov. 21, 2013
Planned Parenthood of Greater Texas Surgical Health Services et al. v. Abbott
Order
Nov. 20, 2013
Murillo-Prado v. Holder
Mexican man may not cancel his removal from U.S. based on conviction for racketeering under Arizona law, which was an aggravated felony.
Immigration Nov. 20, 2013
Larsen v. Soto
Following trial, suspect proves his innocence and overturns his life sentence by presenting three credible witnesses, who attested to his innocence.
Criminal Law and Procedure Nov. 20, 2013
Leal v. Mansour
Doctor escapes liability for patient’s death following gallbladder surgery by pointing to mysterious ventilator malfunction as alternative cause of death.
Torts Nov. 20, 2013
Sadeghi v. Sharp Memorial Medical Center Chula Vista
Cardiologist unsuccessfully challenges private hospital’s suspension of his medical privileges following botched operation, which resulted in his patient’s death.
Health Care Nov. 19, 2013
People v. Johnson
Mastermind of home invasion is convicted of first degree murder, although he was not there when victim fatally shot one of the robbers.
Criminal Law and Procedure Nov. 19, 2013
Valenzuela v. Michel
Twin children should not be taken from U.S. to their mother in Mexico because both parents clearly planned to raise them in U.S.
International Law Nov. 18, 2013