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Name Category Published
County of Kern v. Jadwin
Defendant is entitled to attorney fees under False Claim Act after trial court found that county’s claim was frivolous and brought to harass defendant. 		Civil Procedure Jul. 6, 2011
Marriage of Tong and Samson
Court improperly allocates severance pay to single month where parties’ stipulated support order based monthly income on spouse’s commissions, not bonuses. 		Family Law Jul. 6, 2011
People v. Carbajal
Court may not send jury back for further deliberations on punishment allegation because it was inconsistent with jury's verdict on charges. 		Criminal Law and Procedure Jul. 6, 2011
The Ponderosa Telephone Co. v. PUC (Calaveras Telephone Co.)
Commission errs in allocating telephone companies’ assets to customers because it constitutes unlawful taking of property. 		Government Jul. 6, 2011
South Orange County Wastewater Authority v. City of Dana Point (Makar Properties LLC)
Under California Environmental Quality Act, environmental impact report is not required to assess impact of present environment on proposed project. 		Environmental Law Jul. 5, 2011
Ni v. Slocum
Electronic signature to endorse initiative petition does not qualify as ‘personally affixed’ signature under Elections Code. 		Government Jul. 5, 2011
People v. Vangelder
Court errs in excluding evidence that criticized reliability of data produced by breath test machines as not materially different from partition ratio evidence. 		Criminal Law and Procedure Jul. 5, 2011
Ramirez-Villalpando v. Holder
Alien who commits grand theft of property categorically commits aggravated felony, which subjects him to removal. 		Immigration Jul. 5, 2011
Avagyan v. Holder
Petitioner is entitled to equitable tolling of adjustment of status claim where delay in seeking adjustment was reasonable based on attorney’s advice. 		Immigration Jul. 5, 2011
Pakootas v. Teck Cominco Metals Ltd.
Federal court does not have citizen suit jurisdiction under Comprehensive Environmental Response, Compensation, and Liability Act where plaintiffs sought penalties for noncompliance with order. 		Environmental Law Jul. 5, 2011
Global Packaging Inc. v. Superior Court (Epicor Software Corp.)
Agreement vaguely referring to agreement to litigate in specific forum does not constitute consent to personal jurisdiction of that forum where otherwise unavailable. 		Civil Procedure Jul. 5, 2011
Pakootas v. Teck Cominco Metals Ltd.
Order 		Environmental Law Jul. 5, 2011
Accusation of Brown
Order 		Jul. 1, 2011
Cha v. Granville Homes
Order 		Jul. 1, 2011
Sullivan v. Oracle Corp.
California’s unfair competition law does not apply to overtime work performed outside California by nonresident employees. 		Labor Law Jul. 1, 2011
People v. Virgil
Defendant has no right to be present at sidebar conferences where he failed to show his presence bore reasonably substantial relation to his defense. 		Criminal Law and Procedure Jul. 1, 2011
People v. Castaneda
Kidnapping conviction is reversed where erroneous instruction as to asportation element in kidnapping charge prejudiced defendant. 		Criminal Law and Procedure Jul. 1, 2011
Barboza v. California Association of Professional Firefighters
Claim for disability benefits is deemed exhausted under ERISA where plan failed to render decision within 90 days of administrative appeal. 		Employment Law Jul. 1, 2011
U.S. v. Snyder
Statutory term of 'building' and address constitute sufficient proof that second-degree burglary qualified as violent felony for purposes of sentencing enhancement. 		Criminal Law and Procedure Jul. 1, 2011
Jacob A. v. C.H.
In considering request to relocate with minor child, court must analyze issue based on presumption that requesting parent will be moving. 		Family Law Jul. 1, 2011
People v. McCullough
Order 		Jun. 30, 2011
People v. Delgado
Order 		Jun. 30, 2011
Sisneroz v. Superior Court (People)
Order 		Jun. 30, 2011
Bible v. Schriro
State prisoner is not entitled to successive habeas petition where claim of new evidence is made after significant delay and does not show innocence. 		Criminal Law and Procedure Jun. 29, 2011
A.D., a Minor
Failure to give notice to mother in dependency proceedings is harmless where mother did not show more favorable result was likely. 		Juveniles Jun. 29, 2011
E.S., a Minor
Nonadoptive child’s petition to assert relationship as sibling is properly denied where petition did not show siblings had bonded with nonadoptive child. 		Juveniles Jun. 29, 2011
People v. Superior Court (Gilbert)
Civil commitment petition is improperly dismissed where delay in referring defendant for evaluation as sexually violent predator was honest mistake. 		Criminal Law and Procedure Jun. 29, 2011
People v. Ellison
Conviction for carrying concealed loaded weapon, which defendant had no permit for, does not violate defendant’s right to bear arms. 		Criminal Law and Procedure Jun. 29, 2011
Thorstrom v. Thorstrom
Existence of implied easement for use of well does not preclude each party's entitlement to reasonable use consistent with volume of water available. 		Real Property Jun. 29, 2011
Semler v. General Electric Capital Corp.
Lending institution does not violate Unruh Civil Rights Act by declining to issue loan based on past felonies committed by member of limited liability company. 		Civil Rights Jun. 29, 2011
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