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Name Category Published
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
In re Lamps Plus Overtime Cases
Order
Jul. 22, 2011
People v. Nunez
Order
Jul. 22, 2011
People v. Villatoro
Order
Jul. 22, 2011
Gullatt (John Jacob) on Habeas Corpus
Order
Jul. 22, 2011
Jasso v. Superior Court (People)
Order
Jul. 22, 2011
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
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