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Name Category Published
Mora v. Big Lots Stores Inc.
Motion to certify class of managers is properly denied where employer did not operate store in standardized manner and did not systematically misclassify managers.
Employment Law Apr. 18, 2011
Kelly Sutherlin McLeod Architecture Inc. v. Schneickert
Arbitrator is authorized to compel defendant to retract defamatory statements based on scope of parties' agreement.
Civil Procedure Apr. 18, 2011
Marriage of Ruiz
Portion of workers' compensation permanent disability award received during marriage, which is intended to pay for lost earnings, is community property.
Family Law Apr. 17, 2011
Seymore v. Metson Marine Inc.
Court errs in granting employer summary judgment where issues exist as to whether ‘stand-by’ time counts toward ‘hours worked’ and should be compensated.
Employment Law Apr. 17, 2011
Florer v. Congregation Pidyon Shevuyim N.A.
Action alleging that Jewish organization, which provided services to prisoners, deprived prisoner of free exercise rights fails because no state actor was named.
Constitutional Law Apr. 17, 2011
Castro-Martinez v. Holder
Petitioner fails to demonstrate ‘past persecution’ for purposes of asylum based on childhood sexual abuse because private actors inflicted attack.
Immigration Apr. 17, 2011
U.S. v. Tucker
Shotgun found inside defendant’s master bedroom closet supports finding of felony firearm possession where defendant was sole adult occupant of apartment.
Criminal Law and Procedure Apr. 17, 2011
Vanderpol v. Starr
Row of trees erected to annoy adjoining property owners constitutes 'structure in nature of fence' for purposes of 'spite fence' statute.
Real Property Apr. 17, 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 Apr. 17, 2011
Leek v. Cooper
Plaintiffs fail to adequately plead alter ego theory in complaint alleging age discrimination in violation of California Fair Employment and Housing Act.
Employment Law Apr. 17, 2011
Ralphs Grocery v. United Food & Commercial Workers Union Local 8
Order
Apr. 14, 2011
Gutierrez (Juan Carlos) on Habeas Corpus
Order
Apr. 14, 2011
Ringgold v. Superior Court (Asap Copy & Print)
Order
Apr. 14, 2011
People v. Chung
Order
Apr. 14, 2011
People v. Pacheco
Despite prior juvenile adjudication, court must use higher ratio for calculating defendant’s conduct credit.
Criminal Law and Procedure Apr. 14, 2011
Wills v. Superior Court
Disability discrimination claim fails where employee was fired due to verbal threats and threatening conduct against co-workers, which violated workplace policy.
Employment Law Apr. 14, 2011
People v. Caballero
Order
Apr. 14, 2011
Kemp (Randy) on Habeas Corpus
Order
Apr. 14, 2011
New Mexico State Investment Council v. Ernst & Young LLP
In securities fraud action, specific allegations of auditor’s failure to investigate documentation relating to company’s large grant of options support adequate pleading of scienter.
Securities Apr. 14, 2011
People v. Murdoch
Court errs in failing to institute competency hearing where defendant's defense to felony assault charge was that victim was not human.
Criminal Law and Procedure Apr. 13, 2011
U.S. v. Pelisamen
Wire fraud conviction remains valid although instructions and jury verdict form included 'money or property' and invalid honest-services theories.
Criminal Law and Procedure Apr. 13, 2011
People v. Brunette
Comparative fault analysis is inapplicable to reduce restitution award to animal welfare agency that arranged for rescued dogs’ care.
Criminal Law and Procedure Apr. 13, 2011
Los Angeles Gay and Lesbian Center v. Superior Court (Bomersheim)
Court properly permits opt-out mechanism in class action where it did not violate patients’ privacy rights because sensitive information was not subject to exposure.
Civil Procedure Apr. 13, 2011
Clinton v. Deutsche Bank National Trust Co. (In re Clinton)
Debtor's record on appeal is deficient because it does not provide transcript of stay relief hearing or findings of fact and legal conclusions.
Bankruptcy Apr. 13, 2011
Meyer v. Scholz (In re Scholz)
Railroad Retirement Act benefits should not be excluded from calculation of debtor’s current monthly income for purposes of bankruptcy plan.
Bankruptcy Apr. 13, 2011
People v. Sanchez
Certified letter, which was offered as sole evidence to show defendant was not registered owner of firearm, is inadmissible as violative of Sixth Amendment.
Criminal Law and Procedure Apr. 12, 2011
Bobadilla-German v. Bear Creek Orchards Inc.
Lodging costs are improperly credited toward workers’ minimum wage when lodging was necessary for employer’s needs and not provided for workers’ ‘private benefit.’
Employment Law Apr. 12, 2011
U.S. v. Inzunza
District judge properly relies on co-conspirator statements and party opponent admissions to convict former city councilman of extortion.
Criminal Law and Procedure Apr. 12, 2011
U.S. v. Apodaca
Lifetime term of supervised release for possession-only child pornographer is not unreasonable where court based its decision on defendant’s particular circumstances.
Criminal Law and Procedure Apr. 12, 2011
Roberts v. Hartley
State’s decision to deny parole does not violate due process where inmate received opportunity to be heard and explanation of denial.
Criminal Law and Procedure Apr. 12, 2011