| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S183372
|
Serrano v. Stefan Merli Plastering Co. Inc.
Attorney fee award may be imposed on litigant, which lost appeal establishing court authority to determine reasonableness of fees, because appeal involved important right affecting public interest. |
Civil Procedure |
|
Nov. 1, 2011 | |
|
11-55563
|
Small v. Avanti Health Systems LLC
Court properly issues preliminary injunction after finding successor employer refused to bargain with union representing majority of employees employed by predecessor. |
Labor Law |
|
Nov. 1, 2011 | |
|
10-56465
|
American Trucking Associations Inc. v. The City of Los Angeles
Federal Aviation Administration Authorization Act preempts provision in concession agreements between port and motor carriers, which required carriers to hire employee drivers over time. |
Government |
|
Nov. 1, 2011 | |
|
09-56785
|
Brantley v. NBC Universal Inc.
Order |
|
Nov. 1, 2011 | ||
|
09-50309
|
U.S. v. Caruto
Instruction to grand jury to ignore potential punishment in deciding whether to convict does not violate Fifth Amendment. |
Criminal Law and Procedure |
|
Nov. 1, 2011 | |
|
09-17849
|
Gypsum Resources LLC v. Catherine Cortez Masto
Order |
|
Nov. 1, 2011 | ||
|
06-35333
|
Greene v. Camreta
Order |
|
Nov. 1, 2011 | ||
|
H035400
|
Biancalana v. T.D. Service Co.
Mistake made by trustee, acting as beneficiary’s agent in foreclosure sale, is not procedural irregularity making sale voidable. |
Real Property |
|
Nov. 1, 2011 | |
|
B226977
|
Yuin University v. Korean Broadcasting System
Broadcast’s statements describing school as ‘vacant, suspected degree factory’ are not defamatory where used as hyperbolic speech in support of program’s opinion. |
Torts |
|
Nov. 1, 2011 | |
|
D057858
|
Marsh v. Anesthesia Services Medical Group Inc.
Physician fails to adequately plead antitrust claim that medical corporation limited her practice because allegations did not indicate detrimental effect on competition in excess of plaintiff’s concerns. |
Antitrust |
|
Nov. 1, 2011 | |
|
D056361
|
In re Cipro Cases I & II
Settlement of patent infringement lawsuit does not violate antitrust law where restraint on competition does not go beyond exclusionary scope of patent. |
Antitrust |
|
Nov. 1, 2011 | |
|
H035195
|
Bullis Charter School v. Los Altos School District
School district violates Charter Schools Act by failing to accurately measure all facilities of comparable public schools and accurately describe facilities offered to charter school. |
Education |
|
Oct. 31, 2011 | |
|
G043956
|
Palp Inc. v. Williamsburg National Insurance Co.
Mechanical device exclusion for claims resulting from movement of property by mechanical device does not apply where employee was not loading or unloading truck. |
Insurance |
|
Oct. 31, 2011 | |
|
10-35574
|
Boyer v. Belleque
Sufficient evidence supports conviction for attempted aggravated murder where defendant knew he had AIDS, and sexually abused victims without wearing condom. |
Criminal Law and Procedure |
|
Oct. 31, 2011 | |
|
09-10330
|
U.S. v. Wilson
Government’s interest in seized property used to facilitate crime is eliminated following victim’s showing of interest in fraudulently obtained property. |
Criminal Law and Procedure |
|
Oct. 31, 2011 | |
|
10-10430
|
U.S. v. Newman
District court errs in declining to impose criminal forfeiture in amount that was indisputably traceable to defendant’s commission of bank robberies. |
Criminal Law and Procedure |
|
Oct. 31, 2011 | |
|
B219261
|
Cadam v. Somerset Gardens Townhouse HOA
Property owner is not liable for injuries sustained in fall caused by walkway separation, which was less than an inch in depth. |
Torts |
|
Oct. 31, 2011 | |
|
B228049
|
People v. Thomas
Defendant does not have expectation of privacy in saliva left on preliminary alcohol screening device and thus, subsequent DNA testing does not constitute search. |
Criminal Law and Procedure |
|
Oct. 31, 2011 | |
|
10-1466
|
The Margulies Law Firm APLC v. Placide (In re Placide)
Court properly finds attorney’s claimed fees unreasonable where fees are grossly disproportionate to potential amount recoverable from bankruptcy proceeding. |
Bankruptcy |
|
Oct. 31, 2011 | |
|
F060922
|
Duncan v. The McCaffrey Group Inc.
Parol evidence rule does not apply to false advertising claim where allegations on which plaintiffs relied were not offered to vary, alter, or add to terms of contract. |
Business Law |
|
Oct. 31, 2011 | |
|
B228426
|
L.K. v. Golightly
Parent must seek judicial review of Child Support Services Dept. decision by filing petition for writ of mandate, not tort action. |
Family Law |
|
Oct. 28, 2011 | |
|
S195503
|
Wallace v. McCubbin
Order |
|
Oct. 28, 2011 | ||
|
S185166
|
Vargas (Matthew Felix) on Habeas Corpus
Order |
|
Oct. 28, 2011 | ||
|
S196493
|
Vandermost v. Bowen (Citizens Redistricting Commission)
Order |
|
Oct. 28, 2011 | ||
|
10-55235
|
Miller v. City of Los Angeles
Imposition of sanctions is improper although defense counsel conceded that he violated order precluding argument that plaintiff was armed when shot by police. |
Civil Procedure |
|
Oct. 28, 2011 | |
|
10-35732
|
Taylor v. Commissioner of Social Security Administration
Social Security Appeals Council improperly rejects doctor's psychiatric evaluation, which concerned assessment of mental health since applicant’s disability onset date. |
Government |
|
Oct. 28, 2011 | |
|
10-16193
|
Newton-Nations v. Betlach
Secretary of Health and Human Services exceeds waiver authority by approving Arizona's heightened cost sharing requirements for Medicaid recipients. |
Government |
|
Oct. 28, 2011 | |
|
10-10550
|
U.S. v. Williams
Defendant is guilty of advertising distribution of child pornography, even if he did not personally produce images, because he knowingly distributed images. |
Criminal Law and Procedure |
|
Oct. 28, 2011 | |
|
09-55998
|
Schultz v. Tilton
Jury instruction does not violate due process clause where it stated that finding defendant committed prior sexual offenses by preponderance of evidence is insufficient to prove commission of crimes. |
Criminal Law and Procedure |
|
Oct. 28, 2011 | |
|
09-15330
|
Seeboth v. Mayberg
Appeal of habeas petition is moot where it did not challenge commitment as sexually violent predator for indeterminate term based on proceeding that was legitimate. |
Criminal Law and Procedure |
|
Oct. 28, 2011 |
