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Brown v. Desert Christian Center
Trial court has jurisdiction to award costs incidental to judgment of dismissal based on its inherent authority to determine its own subject-matter jurisdiction.
Civil Procedure Mar. 18, 2011
South Sutter LLC v. LJ Sutter Partners LP
Court properly determines limitations period began when new venue received case, pursuant to parties’ own stipulation for venue transfer.
Civil Procedure Mar. 17, 2011
C.F., a Minor
Beneficial parent-child relationship exception to adoption preference does not apply where parent did not occupy parental role in children's lives.
Family Law Mar. 17, 2011
People v. Rios
Probation officers may lawfully detain person found in residence of juvenile probationer to determine if probationer violated terms of his probation.
Criminal Law and Procedure Mar. 17, 2011
Division of Labor Standards Enforcement v. Davis Moreno Construction Inc.
Claim that wage and penalty assessment judgment was obtained by extrinsic fraud is not barred by statutory limitation under Labor Code.
Labor Law Mar. 17, 2011
Coronado Cays Homeowners Association v. City of Coronado
City is required to maintain berm that laterally supports bulkheads located in planned community according to terms of special use permit.
Real Property Mar. 17, 2011
People v. Ramirez
Juvenile’s sentence for attempted murder, which essentially amounts to life without parole, is not unconstitutional because offense is arguably ‘homicide offense.’
Criminal Law and Procedure Mar. 17, 2011
Hall v. Goodwill Industries of Southern California
Limitations period for bringing wrongful termination claim runs from date Dept. of Fair Employment and Housing issues right-to-sue notice, not when claimant receives notice.
Employment Law Mar. 17, 2011
Cook v. Brewer
Eighth Amendment claim fails where prisoner alleged that intent to use foreign non-FDA approved substance in execution created substantial and unnecessary risk of pain.
Constitutional Law Mar. 17, 2011
Behr v. Redmond
In action alleging tortious transmission of genital herpes, award of damages for future medical expenses is excessive based on plaintiff's life expectancy.
Torts Mar. 16, 2011
U.S. v. Doss
Witness tampering charge is improper where defendant requests that his wife exercise her marital privilege against testifying, and does not engage in ‘corrupt’ persuasion.
Criminal Law and Procedure Mar. 16, 2011
Khatib v. County of Orange
Courthouse detention facility is ‘institution’ where state is prohibited from imposing substantial burden on plaintiff’s religious exercise of wearing hijab.
Constitutional Law Mar. 16, 2011
Los Angeles Haven Hospice Inc. v. Sebelius
Nationwide injunction barring further enforcement of invalid hospice cap regulation is inappropriate as to hospice providers other than plaintiff.
Government Mar. 16, 2011
California School Employees Association v. The Governing Board of the East Side Union High School District
School District employee who was laid off and later rehired for lower position does not retain her permanent status and is subject to probationary period.
Education Mar. 16, 2011
Marriage of Duris
Court errs in awarding sanctions during modification of child support hearing without giving party notice that sanctions were at issue.
Family Law Mar. 15, 2011
Paiute-Shoshone Indians of the Bishop Community of the Bishop Colony, California v. City of Los Angeles
Tribe’s action against City challenging United State’s transfer of land is properly dismissed because United States cannot feasibly be joined in action.
Native American Affairs Mar. 15, 2011
City of Los Angeles v. San Pedro Boat Works
Individual holding revocable permit to operate on property is not ‘owner’ liable under Comprehensive Environmental Response, Compensation, and Liability Act.
Environmental Law Mar. 15, 2011
U.S. v. Fernandes
Court has mandatory duty to require person convicted of sex offense to register as sex offender as condition of probation.
Criminal Law and Procedure Mar. 15, 2011
Helman v. Alcoa Global Fasteners Inc.
Accident that occurred beyond three miles of U.S. shore is governed exclusively by federal statute preempting state actions.
Maritime Law Mar. 15, 2011
W.P.L., a Minor
Court properly imposes condition of supervised release directing minor to register as sex offender ‘if required by law.’
Juveniles Mar. 15, 2011
Conservatorship of McQueen
Collateral source rule prohibits reduction of plaintiff’s damages because government benefits were due to preexisting disability and not from defendants’ tortious conduct.
Conservatorship Mar. 15, 2011
Martinez-Medina v. Holder
Local deputy sheriff does not egregiously violate Fourth Amendment rights by detaining Mexican nationals who offer information of their illegal presence.
Immigration Mar. 14, 2011
U.S. v. Kohring
Prosecution violates disclosure obligations by failing to provide information to accused regarding discrepancy in evidence supporting public corruption charges.
Criminal Law and Procedure Mar. 14, 2011
U.S. v. Bonilla
Court errs in denying defendant’s presentence motion to withdraw guilty plea due to inadequate legal advice regarding immigration consequences.
Criminal Law and Procedure Mar. 14, 2011
U.S. v. 1996 Freightliner Fld Tractor VIN 1FUYDXYB0TP822291
Government has 90 days to file complaint for forfeiture because claimant did not file cost bond with claim of ownership.
Criminal Law and Procedure Mar. 14, 2011
Animal Film LLC v. D.E.J. Productions Inc.
Court errs in dismissing action under permissive forum selection clause where interests balance in favor of selection of California as convenient forum.
Civil Procedure Mar. 14, 2011
Minich v. Allstate Insurance Co.
Insurer is not required to pay amount exceeding policy limit until insured demonstrates that he was rebuilding his house, which was destroyed by fire.
Insurance Mar. 14, 2011
Allstate Insurance Co. v. Herron
Insurer’s failure to settle by claimant’s deadline is not breach of good faith where insurer informed claimant it would respond promptly following investigation.
Insurance Mar. 11, 2011
Natural Resources Defense Council Inc. v. County of Los Angeles
Evidence of county’s control over flood stations where standards-exceeding pollutants were found is sufficient to support violation of Clean Water Act.
Environmental Law Mar. 11, 2011
Rosen v. St. Joseph Hospital of Orange County
Plaintiff's causes of action based on alleged conversion of evidence constitute spoliation of evidence claims, which are barred.
Torts Mar. 11, 2011