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Name Category Published
U.S. v. Havelock
Order 		May 10, 2011
People v. Cottone
Court errs in not submitting to jury issue of whether defendant appreciated wrongfulness of prior sexual misconduct, which occurred 32 years ago. 		Criminal Law and Procedure May 10, 2011
Center for Biological Diversity v. California Fish and Game Commission
Attorney fee award based on enforcement of right affecting public interest is not warranted following remand for reconsideration of standard of review. 		Civil Procedure May 9, 2011
Semler v. General Electric Capital Corp.
Lender and equity participant does not violate Unruh Civil Rights Act in declining loan to company where managing member committed felony. 		Civil Rights May 9, 2011
Zheng v. Holder
Board of Immigration Appeals abuses its discretion when it fails to consider petitioner’s value and service to community in deciding relief for removability. 		Immigration May 9, 2011
U.S. v. Padilla
Jury instruction regarding defendant’s choice not to testify is valid where language chosen by court sufficiently covers substance of proposed instruction. 		Criminal Law and Procedure May 9, 2011
Watkins v. United States Bureau of Customs and Border Protection
Trade secret exemption under Freedom of Information Act applies to requests for all notices of seizure of infringing merchandise made on imported goods. 		Government May 9, 2011
M.C., a Minor
Where conflicting claims of presumed parentage results in three parents, juvenile court must weigh presumptions to determine which controls. 		Juveniles May 9, 2011
Glaser, Weil, Fink, Jacobs & Shapiro LLP v. Goff
Court errs in entering judgment pursuant to arbitration award where party initially declined offer to submit fee dispute to binding arbitration. 		Civil Procedure May 9, 2011
Marriage of Davenport
Substantial evidence supports sanctions award under Family Code Section 271 where attorney increased litigation costs and mistreated opposing counsel. 		Family Law May 6, 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 May 6, 2011
The Morning Star Co. v. Board of Equalization
Agency’s regulation interpreting statute does not conflict with statute where interpretation is long standing and supported by substantial evidence. 		Administrative Agencies May 6, 2011
California Attorneys v. Brown
Governor lacks authority to mandate furloughs for State Compensation Insurance Fund employees. 		Employment Law May 6, 2011
Pooshs v. Philip Morris USA Inc.
Smoker’s claim for later-discovered lung cancer is not time-barred by earlier-discovered and time-barred illness because it is separate and distinct illness. 		Torts May 6, 2011
Rasmussen v. Superior Court (Bunyan)
California Supreme Court’s decision affirming appellate court’s determination that case was not ‘strategic lawsuit against public participation’ does not resolve all disputes. 		Civil Procedure May 6, 2011
Saval v. Holder
Order 		May 6, 2011
Go v. Holder
Petitioner’s claim under Convention Against Torture fails because lack of harm to co-defendant in criminal prosecution undercut his fear of harm. 		Immigration May 6, 2011
Garcia v. County of Merced
Officers are entitled to qualified immunity where they had probable cause to arrest suspected drug smuggler based on corroborated information from jail informant. 		Civil Rights May 6, 2011
Benjamin, Weill & Mazer v. Kors
California Arbitration Act requires arbitrator to disclose nature of legal practice and representation of law firm at time of arbitration. 		Civil Procedure May 6, 2011
People v. Grant
Pimping statute, which prohibits person from accepting earnings from known prostitute, does not violate defendant’s due process rights. 		Criminal Law and Procedure May 6, 2011
Gonzalez v. Dept. of Corrections and Rehabilitation
Agency must apply for disability retirement on behalf of civil service employee if employee is unable to perform functions of other available jobs. 		Government May 6, 2011
Schimmel v. Levin
Court has authority to strike pleadings filed by disqualified attorney who possessed adverse confidential information on plaintiff in interest of justice. 		Attorneys May 6, 2011
Lemmer v. Charney
Attorney may not require client to promise to proceed to trial or enter settlement as part of contingency fee agreement. 		Attorneys May 6, 2011
People v. Spector
Court does not err in admitting into evidence videotape containing trial judge and criminalist discussing blood splatter location on victim’s hands during retrial. 		Criminal Law and Procedure May 6, 2011
People v. Magee
Defendant does not have reasonable expectation of privacy inside residence he visited as social guest on numerous occasions. 		Criminal Law and Procedure May 6, 2011
Fayer v. Vaughn
Defendant’s false arrest claim fails when probable cause existed based on defendant’s admission regarding use of false identification in violation of state laws. 		Criminal Law and Procedure May 5, 2011
Doody v. Ryan
Denial of habeas relief is improper when evidence established that 'Miranda' warnings were deficient and 17-year-old petitioner was overborne by interrogation. 		Criminal Law and Procedure May 5, 2011
Paulo v. Holder
Immigration judge is precluded from determining petitioner is ineligible for relief under Immigration and Nationality Act where district court previously determined eligibility. 		Immigration May 5, 2011
Montz v. Pilgrim Films & Television Inc.
Copyright law does not preempt implied-in-fact contract claim where plaintiff alleged bilateral expectation that he would be compensated for use of idea. 		Intellectual Property May 5, 2011
Southeast Alaska Conservation Council v. Federal Highway Administration
Environmental impact statement is inadequate where agency fails to rigoriously explore and evaluate all reasonable alternatives. 		Environmental Law May 5, 2011
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