| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
A129047
|
Phillips, Spallas & Angstadt LLP v. Fotouhi
Court properly issues charging order against judgment debtor’s partnership interest against corporation, which was deemed to be mere continuation of partnership. |
Corporations |
|
Jul. 28, 2011 | |
|
E051039
|
Ferguson v. City of Cathedral City
City properly reinstates employee's discharge where employee’s letter accusing city of misconduct constituted anticipatory repudiation of separation agreement. |
Contracts |
|
Jul. 28, 2011 | |
|
09-15288
|
Hunter v. County of Sacramento
Court errs in refusing to instruct jury pursuant to plaintiff’s proposed instruction regarding ‘custom or practice,’ which is vital to excessive force claim. |
Civil Rights |
|
Jul. 27, 2011 | |
|
09-15682
|
Cape Flattery Limited v. Titan Maritime LLC
Parties may agree to apply non-federal arbitrability law only where clear and unmistakable evidence shows such intent. |
Civil Procedure |
|
Jul. 27, 2011 | |
|
09-56858
|
Phifer v. Icelandair
Plaintiff does not have to prove that airline violated Federal Aviation Administration standards to establish 'accident' under Article 17 of Montreal Convention. |
Torts |
|
Jul. 27, 2011 | |
|
10-16916
|
Team Enterprises LLC v. Western Investment Real Estate Trust
Under CERCLA, manufacturer does not ‘arrange for disposal’ of hazardous substances where purpose of product is to recover hazardous substances, not disposal. |
Environmental Law |
|
Jul. 27, 2011 | |
|
10-35823
|
Citizens for Balanced Use v. Montana Wilderness Association
Conservation groups have right to intervene in action challenging agency’s interim order issued pursuant to prior litigation brought by groups. |
Civil Procedure |
|
Jul. 27, 2011 | |
|
D057277
|
Hensel Phelps Construction Co. v. San Diego Unified Port District
Prevailing wage law applies to construction project where lease between public corporation and owner provided baseline rent that was reduced by 'rent credit.' |
Employment Law |
|
Jul. 27, 2011 | |
|
C061560
|
People v. Mitchell
Sentence must be reduced where part of sentence was based on enhancement with which defendant was never charged and which he did not admit committing. |
Criminal Law and Procedure |
|
Jul. 27, 2011 | |
|
B224242
|
Santa Clarita Organization for Planning the Environment v. City of Santa Clarita (Henry Mayo Newhall Memorial Hospital)
Substantial evidence supports city's determination that complete mitigation of project's impact on climate change is infeasible. |
Environmental Law |
|
Jul. 27, 2011 | |
|
S174507
|
Ardon v. City of Los Angeles
Class claim against local governmental entity for refund of local taxes is permissible under Government Code Section 910. |
Government |
|
Jul. 26, 2011 | |
|
09-50271
|
U.S. v. Yepez
Federal courts must credit California state court orders modifying probationary terms in applying safety valve provision for sentencing purposes. |
Criminal Law and Procedure |
|
Jul. 26, 2011 | |
|
09-55233
|
Starr v. Baca
Sheriff may be liable for constitutional violations of subordinates because failure to act in stopping conduct shows deliberate indifference. |
Prisoners Rights |
|
Jul. 26, 2011 | |
|
10-15270
|
Horne v. United States Dept. of Agriculture
Raisin reserve requirements, which required raisin handlers to contribute to reserve pool, do not constitute unlawful taking in violation of Fifth Amendment. |
Government |
|
Jul. 26, 2011 | |
|
10-15755
|
Grantham v. Cory (In re Flamingo 55 Inc.)
‘Payment’ under bankruptcy subrogation provision is not restricted to include only cash payments, and may include foreclosure sale proceeds. |
Bankruptcy |
|
Jul. 26, 2011 | |
|
C065324
|
People v. Stillwell
Prosecutor does not fail to prove reliability of narcotics detection dog used to sniff vehicle although narcotics were not found in vehicle. |
Criminal Law and Procedure |
|
Jul. 26, 2011 | |
|
A127163
|
People v. Clair
Defendant’s sexual abuse against minor daughter supports conviction for felony child endangerment because manner of abuse was likely to produce great bodily harm. |
Criminal Law and Procedure |
|
Jul. 25, 2011 | |
|
F061153
|
Rolando S., a Minor
Use of victim’s email password to gain access and post obscene messages to her social networking account constitutes identity theft. |
Juveniles |
|
Jul. 25, 2011 | |
|
09-16530
|
John-Charles v. State
Defendant has no absolute, constitutional right to reappointment of counsel mid-trial after defendant’s intelligent and knowing waiver of right to counsel. |
Criminal Law and Procedure |
|
Jul. 25, 2011 | |
|
10-10191
|
U.S. v. Dann
Restitution order may not order parent to turn over accrued child support payments to victim where children have not reached age of majority. |
Criminal Law and Procedure |
|
Jul. 25, 2011 | |
|
10-15306
|
Conservation Force v. Salazar
Civil Asset Forfeiture Reform Act claim is barred from judicial review because plaintiffs chose to file petitions for remission, which were denied. |
Civil Procedure |
|
Jul. 25, 2011 | |
|
B230745
|
People v. Superior Court (World Wide Rush LLC)
California’s criminal discovery statutes do not preclude prosecutor from obtaining production of corporate documents that are nontestimonial. |
Criminal Law and Procedure |
|
Jul. 25, 2011 | |
|
A124892
|
State ex rel. Standard Elevator Co. v. West Bay Builders Inc.
Private plaintiff may not bring action under California False Claims Act containing allegations substantially similar to those already in public domain. |
Government |
|
Jul. 25, 2011 | |
|
S194064
|
In re Lamps Plus Overtime Cases
Order |
|
Jul. 22, 2011 | ||
|
S194643
|
People v. Nunez
Order |
|
Jul. 22, 2011 | ||
|
S192531
|
People v. Villatoro
Order |
|
Jul. 22, 2011 | ||
|
S192898
|
Gullatt (John Jacob) on Habeas Corpus
Order |
|
Jul. 22, 2011 | ||
|
S194003
|
Jasso v. Superior Court (People)
Order |
|
Jul. 22, 2011 | ||
|
B227444
|
Gonzalez v. Chen
In ruling on petition to approve minor's compromise, court must award attorney fees under applicable California Rule of Court, not local rule or MICRA. |
Attorneys |
|
Jul. 22, 2011 | |
|
S183320
|
K.C., a Minor
Father, who did not challenge termination of his parental rights, does not have standing to appeal order denying placement of child with grandparents. |
Juveniles |
|
Jul. 22, 2011 |
