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Musaelian v. Adams
Under Code of Civil Procedure Section 128.7, attorney fees for costs in opposing motion for sanctions are not warranted where motion was unsuccessful, but not frivolous.
Civil Procedure Aug. 1, 2011
Payne v. Peninsula School District
Exhaustion requirement under Individuals with Disabilities Education Act does not bar non-IDEA federal or state law claims.
Education Aug. 1, 2011
Bissoon-Dath v. Sony Computer Entertainment America, Inc.
Order
Aug. 1, 2011
Blumberg v. Superior Court (Los Angeles County Sheriff's Dept.)
Court may order discovery of peace officer records related to events that occurred after conviction where defendant obtained new trial via habeas relief.
Civil Procedure Aug. 1, 2011
Young v. Holder
Order
Aug. 1, 2011
Ogilvie v. WCAB
Employee’s rebuttal of application of rating schedule as percentage of permanent disability must be based on permissible data under Labor Code.
Workers' Compensation Aug. 1, 2011
Castillo v. Toll Bros. Inc.
Court erroneously grants subcontractor summary judgment where employee raised triable issue of fact with respect to sufficiency of contractor’s ability to pay wages.
Employment Law Jul. 29, 2011
Edwards v. Wells Fargo Bank N.A. (In re Edwards)
Bankruptcy court properly grants motion for relief from automatic stay where debtor had no right of redemption in property following foreclosure sale.
Bankruptcy Jul. 29, 2011
Nady v. DeFrantz (In re DeFrantz)
Chapter 13 debtor’s right to convert case to chapter 7 is absolute and bankruptcy court does not need to scrutinize creditor’s motion prior to conversion.
Bankruptcy Jul. 29, 2011
Orton v. Hoffman (In re Kayne)
Bankruptcy court properly imposes sanctions on attorney, who failed to ensure that client’s bankruptcy schedules listed payments on promissory note.
Bankruptcy Jul. 29, 2011
Western States Glass Corp. of Northern California v. Barris (In re Bay Area Glass Inc.)
Creditor’s preferential transfer over $5,475 is not subject to exemption to avoidance under Bankruptcy Code.
Bankruptcy Jul. 29, 2011
People v. Gonzales and Soliz
Court properly denies defendant’s request to inform penalty retrial jury of first jury’s verdict on counts not at issue in retrial.
Criminal Law and Procedure Jul. 29, 2011
People v. Thomas
Joinder of two different murder charges does not prejudice defendant because murders were of same class and strength of evidence was evenly balanced.
Criminal Law and Procedure Jul. 29, 2011
Greenway v. Schriro
Attempts to amend initial post-conviction petition are not procedurally barred or waived when no previous collateral proceeding took place.
Criminal Law and Procedure Jul. 29, 2011
TrafficSchool.com Inc. v. Edriver Inc.
Injunction ordering website to provide splash screen disclaimer to every site visitor following Lanham Act violation constitutes burden on protected content.
Intellectual Property Jul. 29, 2011
Hoye v. City of Oakland
City’s policy of enforcing ordinance only against anti-abortion speakers outside reproductive clinic is unconstitutional.
Constitutional Law Jul. 29, 2011
U.S. v. Spentz
Court properly declines to give jury instruction regarding entrapment defense where agent's offer of potentially large reward did not amount to inducement.
Criminal Law and Procedure Jul. 29, 2011
Estate of Amaro v. City of Oakland
Equitable estoppel applies where plaintiff believed she had valid constitutional claim, but was dissuaded from filing suit due to misrepresentations and stonewalling by police.
Civil Rights Jul. 29, 2011
Rappaport v. Gelfand
Individual partner in limited liability partnership is not personally liable for dissociating partner’s buyout absent prior agreement to be held liable.
Attorneys Jul. 29, 2011
In re Sampson
Amendment denying conduct credits to gang members does not violate ex post facto principles where inmate continues to demonstrate gang affiliation following statute’s effective date.
Criminal Law and Procedure Jul. 29, 2011
Toyota Motor Corp. v. Superior Court (Stewart)
Court may not compel Japanese residents to attend depositions in California due to residency limitation in Code of Civil Procedure Section 1989.
Civil Procedure Jul. 29, 2011
Wallace v. McCubbin
Court errs in denying defendant’s anti-SLAPP motion to strike claim that was based on unlawful detainer action where acts were protected by statute.
Civil Procedure Jul. 28, 2011
Pickard v. Dept. of Justice
Informant’s status is ‘officially confirmed’ under Freedom of Information Act where he is called as witness in trial and identified as confidential informant.
Government Jul. 28, 2011
Ingram v. Oroudjian
In determining awards of attorney fees, judges may rely on their own knowledge of customary rates and experience concerning reasonable and proper fees.
Civil Procedure Jul. 28, 2011
Van Dusen v. U.S. District Court (Swift Transportation Co. Inc.)
District court, as opposed to arbitrator, should resolve claim of exemption from arbitration under Section 1 of Federal Arbitration Act before compelling arbitration.
Civil Procedure Jul. 28, 2011
Misik v. D’Arco
Plaintiff’s failure to allege alter ego theory does not preclude motion to amend judgment where alter ego had virtual representation in underlying litigation.
Corporations Jul. 28, 2011
Toyota Motor Corp. v. Superior Court (Stewart)
Court may not compel Japanese residents to attend depositions in California due to residency limitation in Code of Civil Procedure Section 1989.
Civil Procedure Jul. 28, 2011
Cabrera v. Alam
Anti-SLAPP motion to strike defamation claim should be granted where statements regarding candidates at homeowners' association meeting were protected activity.
Civil Procedure Jul. 28, 2011
A.J., a Minor
Juvenile court has jurisdiction over child at risk of emotional damage after mother attempted to remove child from father’s care with police assistance.
Juveniles Jul. 28, 2011
Mission Viejo Emergency Medical Associates v. Beta Healthcare Group
Court errs in finding arbitration provision unenforceable when provision was clearly stated in insurance policy and disclosure of provision was not required.
Contracts Jul. 28, 2011