| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C061110
|
Concerned Citizens for Responsible Government v. West Point Fire Protection District
Assessment that confers general benefit of fire protection to all parcels is invalid under Proposition 218, which limits imposition of special assessments. |
Taxation |
|
Jun. 29, 2011 | |
|
C062684
|
In re Richardson
Habeas relief for ineffective assistance of appellate counsel is denied where claim is based on trial counsel’s assistance that court did not find deficient. |
Criminal Law and Procedure |
|
Jun. 29, 2011 | |
|
10-35128
|
Reese v. BP Exploration (Alaska) Inc.
Forward-looking promise contained in SEC filings does not support securities fraud claim as misrepresentation of fact. |
Securities |
|
Jun. 29, 2011 | |
|
07-72719
|
Antonyan v. Holder
BIA errs in failing to find nexus between asylum-seeker’s mistreatment and whistle-blowing efforts as protected political opinion. |
Immigration |
|
Jun. 29, 2011 | |
|
09-57064
|
Natural Resources Defense Council Inc. v. South Coast Air Quality Management District
District court lacks jurisdiction to review challenge to EPA action under Clean Air Act. |
Environmental Law |
|
Jun. 29, 2011 | |
|
D056898
|
Behnke v. State Farm General Insurance Co.
Summary judgment in favor of insurer on breach of contact claim is proper where insurer performed obligations and insured suffered no damages. |
Insurance |
|
Jun. 29, 2011 | |
|
B221710
|
Absmeier v. Simi Valley Unified School District
School district exceeds its authority by retaining law firm to render decision after administrative law judge failed to decide case. |
Administrative Agencies |
|
Jun. 29, 2011 | |
|
G042711
|
People v. McDonough
Denial of outpatient status is improper where court found details of program lacking, but did not find that defendant was currently insane. |
Criminal Law and Procedure |
|
Jun. 29, 2011 | |
|
C062657
|
Van Sickle v. Gilbert
Plaintiff must give notice to defendant of specific damages sought for breach of fiduciary duty or accounting claims for default judgment to be valid. |
Civil Procedure |
|
Jun. 29, 2011 | |
|
B223364
|
Bower v. AT&T Mobility LLC
No injury occurs where wireless phone retailer failed to inform consumers of its discretionary authority to charge sales tax of undiscounted price of phone. |
Business Law |
|
Jun. 29, 2011 | |
|
B225429
|
Bleavins v. Demarest
Court properly grants anti-SLAPP motion as to fraud claim against law firm based on its representation of third party over statutorily protected speech. |
Civil Procedure |
|
Jun. 29, 2011 | |
|
11-71574
|
Shaboyan v. Holder, Jr.
Order |
|
Jun. 29, 2011 | ||
|
G043874
|
Wells Fargo Bank N.A. v. FSI, Financial Solutions Inc.
Although bank acted negligently in relation to dishonored check's status, evidence does not support finding that customer was made worse off. |
Banking |
|
Jun. 29, 2011 | |
|
A129873
|
Citizens For A Better Eureka v. California Coastal Commission
California Coastal Commission has appellate jurisdiction over coastal development permits where developments are not limited to nuisance abatement. |
Environmental Law |
|
Jun. 29, 2011 | |
|
10-1293
|
FCC, et al. v. Fox Television Stations, et al.
Order |
|
Jun. 28, 2011 | ||
|
C065630
|
Herrera v. Deutsche Bank National Trust Co.
Court errs in granting summary judgment based on taking judicial notice of recorded public documents with contents that remained in dispute. |
Real Property |
|
Jun. 28, 2011 | |
|
A127287
|
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 |
|
Jun. 28, 2011 | |
|
G040625
|
People v. J.A.
Juvenile defendant’s term of years sentence constitutes cruel and unusual punishment where it acts as de facto life without parole sentence. |
Juveniles |
|
Jun. 28, 2011 | |
|
10-1055
|
Veal v. American Home Mortgage Servicing Inc. (In re Veal)
Party seeking relief from stay lacks standing where it fails to establish its status as holder of note on mortgage at issue. |
Bankruptcy |
|
Jun. 28, 2011 | |
|
D058962
|
San Diego County Employees Retirement Association v. Superior Court (California Foundation for Fiscal Responsibility)
Records of retirees' names, pension amounts, and calculation of benefits are not exempt from disclosure under California Public Records Act. |
Government |
|
Jun. 28, 2011 | |
|
09-1395
|
Beer v. United States
Order |
|
Jun. 28, 2011 | ||
|
D058413
|
Hartley v. Superior Court (Monex Deposit Co.)
Court errs in granting motion to compel arbitration where parties’ agreement does not clearly and unmistakably give determination of arbitrability issue to arbitrator. |
Civil Procedure |
|
Jun. 28, 2011 | |
|
09-16585
|
Redevelopment Agency of the City of Stockton v. BNSF Railway Co.
Under nuisance theory, railway company is not responsible for contamination that was caused entirely by industrial site via installation of drains. |
Environmental Law |
|
Jun. 28, 2011 | |
|
09-10246
|
Goins v. United States
Order |
|
Jun. 28, 2011 | ||
|
10-113
|
Rivera-Martinez v. United States
Order |
|
Jun. 28, 2011 | ||
|
10-250
|
Dow Chemical Canada ULC v. Fandino
Order |
|
Jun. 28, 2011 | ||
|
10-984
|
IMS Health, Inc. v. Schneider
Order |
|
Jun. 28, 2011 | ||
|
10-5479
|
Barba v. California
Order |
|
Jun. 28, 2011 | ||
|
10-6258
|
Carrigan v. United States
Order |
|
Jun. 28, 2011 | ||
|
10-6278
|
Dilboy v. New Hampshire
Order |
|
Jun. 28, 2011 |
