| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
E047523
|
Krikorian Premiere Theatres LLC v. Westminster Central LLC
Order taxing costs on appeal issued by court after remand is immediately appealable as postjudgment order. |
Civil Procedure |
|
Mar. 25, 2011 | |
|
G043297
|
Maddox v. City of Costa Mesa
Litigant and litigant's counsel are both responsible for reimbursing public entity for costs in paying subpoenaed peace officers. |
Government |
|
Mar. 25, 2011 | |
|
G044223
|
Banning Ranch Conservancy v. Superior Court (City of Newport Beach)
Agreement with law firm for matter-by-matter representation does not create attorney-client relationship that would disqualify firm in subsequent representation. |
Attorneys |
|
Mar. 24, 2011 | |
|
08-16185
|
U.S. v. Buenrostro
Under Federal Rules, state prisoner may not bring new claim that would otherwise be barred as successive, without showing fraud on previous habeas court. |
Criminal Law and Procedure |
|
Mar. 24, 2011 | |
|
08-71636
|
Pascua v. Holder
Petitioner may seek discretionary relief from deportation pursuant to statute that was later repealed because deportation proceeding began before passage of new statute. |
Immigration |
|
Mar. 24, 2011 | |
|
09-70107
|
Bingham v. Holder
Alien admitted under terms of Visa Waiver Program may not challenge action for removal where alien knowingly waived his right to contest removal upon entry. |
Immigration |
|
Mar. 24, 2011 | |
|
B222399
|
People v. Yarbrough
Conviction for first degree burglary based on erroneous jury instruction is improper because evidence suggested that defendant was found outside unenclosed balcony. |
Criminal Law and Procedure |
|
Mar. 24, 2011 | |
|
B224697
|
People v. Koontz
Trial court is vested with discretion to strike prior serious felony conviction to afford maximum allowable presentence conduct credits. |
Criminal Law and Procedure |
|
Mar. 24, 2011 | |
|
B204908
|
Leung v. Verdugo Hills Hospital
Rule releasing consideration for several liability of joint tortfeasors governs damages allocation following settlement, which court found was not in good faith. |
Torts |
|
Mar. 24, 2011 | |
|
H035075
|
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 |
|
Mar. 24, 2011 | |
|
B220863
|
Iversen v. California Village Homeowners Association
Independent contractor plaintiff cannot use Cal-OSHA regulations to establish negligence per se because regulations only apply to employees. |
Torts |
|
Mar. 24, 2011 | |
|
10-1309
|
Charlie Y. Inc. v. Carey (In re Carey)
In adversary proceeding, complaint sufficiently states claim for attorney fees based on provisions of promissory note and replacement guarantee. |
Bankruptcy |
|
Mar. 23, 2011 | |
|
10-1154
|
Reswick v. Reswick (In re James Reswick)
Wage garnishment proceeding commenced months after bankruptcy filing does not violate automatic stay because stay terminated in its entirety 30 days after filing. |
Bankruptcy |
|
Mar. 23, 2011 | |
|
09-1156
|
Matrixx Initiatives Inc. v. Siracusano
Materiality element of securities fraud allegation is determined by whether undisclosed fact would alter total mix of information available to reasonable investor. |
Securities |
|
Mar. 23, 2011 | |
|
09-834
|
Kasten v. Saint-Gobain Performance Plastics Corp.
Act’s protection against employer retaliation covers oral complaints made by employee regarding placement of timeclocks, which prevented employees from receiving proper credit. |
Employment Law |
|
Mar. 23, 2011 | |
|
A126925
|
Estate of Bartsch
Interested beneficiary may also act as personal representative of estate ‘assisting court’ in defense of alleged heir’s claim. |
Probate and Trusts |
|
Mar. 23, 2011 | |
|
09-16034
|
Young v. City and County of Honolulu
City ordinance repealing discretionary condemnation statute does not violate Contracts Clause where city council chose not to approve condemnation, satisfying city’s contractual obligation. |
Constitutional Law |
|
Mar. 23, 2011 | |
|
09-55644
|
Hayes v. County of San Diego
Summary judgment is improper where deputies’ use of force in killing of suicidal victim who did not pose immediate threat was likely unreasonable. |
Torts |
|
Mar. 23, 2011 | |
|
09-55750
|
Hunt v. City of Los Angeles
City ordinance containing undefined terms prohibiting sale of merchandise unless ‘intertwined with religious or ideological’ message is invalid as unconstitutionally vague. |
Constitutional Law |
|
Mar. 23, 2011 | |
|
09-36150
|
Wapato Heritage LLC v. United States of America
Agency that administers Native American land does not become party to lease by virtue of its limited authority to approve lease on behalf of landowners. |
Native American Affairs |
|
Mar. 23, 2011 | |
|
B224000
|
California Retail Portfolio Fund GMBH & Co. KG v. Hopkins Real Estate Group
Application for writ of attachment is properly granted where arbitration award to petitioner would be rendered ineffectual due to evidence of insolvency. |
Civil Procedure |
|
Mar. 23, 2011 | |
|
H035561
|
People v. Kim
Probation condition referencing specific statutory provisions is not unconstitutionally vague for lack of explicit knowledge requirement necessarily implied from statute. |
Criminal Law and Procedure |
|
Mar. 23, 2011 | |
|
C064982
|
People v. McCullough
Jail booking fees are not reviewable on appeal absent timely objection by defendant during sentencing phase. |
Criminal Law and Procedure |
|
Mar. 23, 2011 | |
|
B223237
|
Vafi v. McCloskey
Specific one-year statute of limitations applying to attorney conduct takes precedence over two-year general limitations period for malicious prosecution. |
Civil Procedure |
|
Mar. 23, 2011 | |
|
10-797
|
Felkner v. Jackson
Ninth Circuit errs in reversing state court's decision to uphold prosecutor’s peremptory challenges where decision to reverse denial was dismissive and had no basis. |
Criminal Law and Procedure |
|
Mar. 22, 2011 | |
|
10-388
|
Huber v. New Jersey Dept. of Environmental Protection
Order |
|
Mar. 22, 2011 | ||
|
09-11056
|
Baker v. Buss
Order |
|
Mar. 22, 2011 | ||
|
10-7435
|
Franklin v. United States
Order |
|
Mar. 22, 2011 | ||
|
10-63
|
Maples v. Maples
Order |
|
Mar. 22, 2011 | ||
|
10-788
|
Rehberg v. Paulk
Order |
|
Mar. 22, 2011 |
