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Name Category Published
Kaiser Cement and Gypsum Corp. v. Insurance Co. of the State of Pennsylvania
Summary adjudication is improper where record does not indicate whether primary insurers exhausted policy to trigger excess insurer’s liability. 		Insurance Jun. 6, 2011
Ilshin Investment Co. Ltd. v. Buena Vista Home Entertainment Inc.
Court errs in awarding attorney fees to prevailing creditor in independent creditor’s suit where statute does not authorize such award. 		Civil Procedure Jun. 3, 2011
People v. Anderson
Trial court has no obligation to provide instruction on defense of accident where defendant's theory attempted to negate intent element of crime. 		Criminal Law and Procedure Jun. 3, 2011
People v. Gonzales
Although prosecutor’s emotional remarks were improperly allowed, conviction is reasonable due to substantial evidence of horrendous murder. 		Criminal Law and Procedure Jun. 3, 2011
People v. Zambia
Pandering in violation of Penal Code Section 266i applies to defendant who encouraged victim to engage in future acts of prostitution, whether or not victim is already prostitute. 		Criminal Law and Procedure Jun. 3, 2011
U.S. v. Buckles
Defendant who detrimentally relies on misinformation from court’s clerk may be entitled to equitable tolling of untimely motion. 		Criminal Law and Procedure Jun. 3, 2011
U.S. v. Baptist
Fair Sentencing Act, which was enacted to restore fairness to federal cocaine sentencing, does not apply to defendants sentenced before date of enactment. 		Criminal Law and Procedure Jun. 3, 2011
Jackson v. Tate
Intra-governmental immunity does not bar discharged serviceman from suing recruiters whom he accused of fraudulently re-enlisting him. 		Government Jun. 3, 2011
U.S. v. Rodriguez-Castro
Drug courier is not entitled to minor-role sentencing reduction given defendant’s significant involvement in planning for offense and substantial quantity of drugs seized. 		Criminal Law and Procedure Jun. 3, 2011
Clark v. Superior Court (VeriSign Inc.)
Law firm is properly disqualified from representation after extensively reviewing and relying on opposing party’s privileged documents obtained from client. 		Attorneys Jun. 3, 2011
Collins v. Sutter Memorial Hospital
New trial is properly granted even if ground was not specified in notice, but substantively argued in papers and understood by opposing party. 		Civil Procedure Jun. 3, 2011
Hall-Villareal v. City of Fresno
Due process requires that good-cause exception for late-filed appeals be read into administrative procedures where case involved right to continued employment. 		Employment Law Jun. 3, 2011
U.S. v. Pool
Order 		Jun. 3, 2011
United Parcel Service v. Superior Court (Allen)
Employer must make separate payments to employees for failure to provide meal periods and for failure to provide rest periods. 		Employment Law Jun. 3, 2011
Adams v. Superior Court (Centinella Freeman Regional Medical Center)
Court errs in abating administrator’s wrongful death and survival actions since petitioner need not join all heirs and claims survived decedent’s death. 		Torts Jun. 3, 2011
Kimes v. Grosser
Owner of injured pet animal with little market value can recover reasonable and necessary costs attributable to injury. 		Torts Jun. 2, 2011
Sierra Club v. Superior Court (County of Orange)
Geographic information system database, which is integral to county’s computer mapping software, is exempt from dislcosure under California Public Records Act. 		Government Jun. 2, 2011
Jones v. Jacobson
Non-party to agreement containing arbitration provision cannot compel arbitration in underlying lawsuit where no nexus exists between agreement and lawsuit. 		Contracts Jun. 2, 2011
People v. Cordell
Fraudulent conveyance of access card conviction is not supported by sufficient evidence where evidence shows defendant only ‘used’ card without permission. 		Criminal Law and Procedure Jun. 2, 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 Jun. 2, 2011
Carijano v. Occidental Petroleum Corp.
Court errs in dismissing case under forum non conveniens where evidence from both sides failed to outweigh deference owed to plaintiffs’ chosen forum. 		Civil Procedure Jun. 2, 2011
McCollum v. California Dept. of Corrections and Rehabilitation
Minister-plaintiff asserting violation of inmates’ right to free exercise of religion lacks standing where inmates are able to assert own claims. 		Prisoners Rights Jun. 2, 2011
Ixcot v. Holder
Illegal Immigration Reform and Immigration Responsibility Act cannot be applied retroactively to alien who submitted asylum application before its enactment. 		Immigration Jun. 2, 2011
Keyser v. Commissioner Social Security Administration
Agency errs in denying application for benefits because it failed to strictly follow regulations in reaching its conclusion that petitioner’s disability is not severe. 		Administrative Agencies Jun. 2, 2011
California Restaurant Management Systems v. City of San Diego
Prior class action does not equitably toll time to file claim under Government Claims Act for claimant not within class description in timely-filed claim. 		Government Jun. 2, 2011
Hamilton v. Greenwich Investors XXVI LLC
Claims against lender, which were known at time of bankruptcy proceedings but not disclosed in schedules, are barred from subsequent action. 		Bankruptcy Jun. 2, 2011
Ferguson v. Avelo Mortgage LLC
Dismissal of quiet title claim is proper where plaintiff fails to plead tender and there is no evidence of procedural error in foreclosure sale. 		Real Property Jun. 2, 2011
U.S. v. Lynn
Dual convictions for both receiving and possessing child pornography violates double jeopardy prohibition where convictions are based on same conduct. 		Criminal Law and Procedure Jun. 1, 2011
Beaty v. Brewer
Order 		Jun. 1, 2011
People v. Sifuentes
Doctrine of constructive possession does not support conviction for possession of firearm by felon where defendant did not have right to control gun. 		Criminal Law and Procedure Jun. 1, 2011
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