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Name Category Published
Barrientos v. Wells Fargo Bank N.A.
Motion for contempt for violation of discharge injunction under 11 U.S.C. Section 524 must be brought in bankruptcy case, rather than adversary proceeding. 		Bankruptcy Feb. 11, 2011
Hernandez-Mancilla v. Holder
Alien is ineligible for cancellation of removal where he had not maintained continuous presence in U.S. for 10 years and immigration procedures did not cause delay. 		Immigration Feb. 11, 2011
Chubb Insurance Co. of Europe S.A. v. Menlo Worldwide Forwarding Inc.
Claim for indemnity is ‘right of recourse’ and not ‘right to damages’ subject to limitations period related to international air cargo shipments under Montreal Convention. 		Contracts Feb. 11, 2011
Lakey v. Hickman
Federal habeas petition is not subject to tolling of limitations period where state court previously rejects petition for relief as untimely. 		Criminal Law and Procedure Feb. 11, 2011
Hypertouch Inc. v. ValueClick Inc.
State claim for deceptive advertisement in electronic mail is not preemptively barred by Controlling Assault of Non-Solicited Pornography and Marketing Act of 2003. 		Civil Procedure Feb. 11, 2011
Alexander A., a Minor
Juvenile court may consider impact on victim when determining alternative restitution awards for vehicle replacement or repair after minor’s vandalism. 		Juveniles Feb. 11, 2011
Marriage of Fossum
Court errs in refusing to awarding attorney fees to aggrieved spouse who was victim of breach of fiduciary duty by other spouse. 		Family Law Feb. 11, 2011
California School Boards Association v. State of California
State cannot defer payments on state-mandated school programs, thereby shifting extraordinary economic burden on school districts. 		Education Feb. 11, 2011
County of Los Angeles v. Hill
County ordinances regulating medical marijuana dispensaries are consistent with state law's explicit provisions that counties may place such restrictions. 		Constitutional Law Feb. 11, 2011
People v. Cortes
Court’s refusal to allow any expert testimony as to defendant’s actual mental state at time of offense is prejudicial abuse of discretion. 		Criminal Law and Procedure Feb. 11, 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 Feb. 10, 2011
Dickens v. Brewer
Lethal injection protocol does not amount to constitutional violation absent showing of substantial risk of serious harm despite protocol safeguards. 		Prisoners Rights Feb. 10, 2011
Dept. of Fair Employment and Housing v. Mayr
Award of attorney fees and costs against DFEH is prohibited in housing discrimination action after jury found in favor of defendants. 		Real Property Feb. 10, 2011
Johnson & Johnson v. Superior Court (Trejo)
Manufacturer’s willful conduct in drug labeling raises triable issue of fact where manufacturer had knowledge of drug's side effects but failed to modify label. 		Torts Feb. 10, 2011
Blue Shield of California Life & Health Insurance Co. v. Superior Court (Kawakita)
Insured has three years to sue insurer for tortious breach of duty of good faith and fair dealing where policy provision was more favorable than Insurance Code. 		Insurance Feb. 10, 2011
Aceves v. U.S. Bank N.A.
Homeowner’s reasonable reliance on bank’s promise to negotiate loan by foregoing bankruptcy relief, which could have saved home, is sufficient to overcome demurrer. 		Contracts Feb. 10, 2011
Jackson v. Doe
Court properly dismisses plaintiff’s sexual abuse claim for failing to file within limitations period and inexcusable neglect in filing required certificates. 		Torts Feb. 10, 2011
City of Gardena v. Rikuo Corp.
Court lacks jurisdiction to hear appeal on consent judgment pursuant to parties’ stipulation to settle and not made appealable under statute. 		Civil Procedure Feb. 9, 2011
People v. Gomez
Defendant’s incriminating responses regarding gang affiliation during booking questions are admissible because such questions are not designed to elicit incriminating response. 		Criminal Law and Procedure Feb. 9, 2011
Wilson v. Knowles
Court’s reliance on disputed facts requiring jury evaluation in increasing defendant’s sentence does not fall within prior conviction exception. 		Criminal Law and Procedure Feb. 9, 2011
Rhoades v. Henry
In death penalty case, counsel did not fail to investigate, develop, and present mental state defense where evidence was lacking. 		Criminal Law and Procedure Feb. 9, 2011
Levi Strauss & Co. v. Abercrombie & Fitch Trading Co.
Court errs in using ‘identical or nearly identical’ standard to determine dilution claim following enactment of Trademark Dilution Revision Act. 		Intellectual Property Feb. 9, 2011
U.S. v. Kent
Threat of enhanced charges during plea negotiations, later carried out after defendant rejects offer, does not constitute vindictiveness that warrants striking of enhancement. 		Criminal Law and Procedure Feb. 9, 2011
U.S. v. Flyer
Defendant does not ‘possess’ child pornography file located in unallocated space of his computer which he had no access or control over. 		Criminal Law and Procedure Feb. 9, 2011
Andrew L., a Minor
Juvenile court properly dismisses part of petition where partial dismissal is in child’s best interest. 		Juveniles Feb. 9, 2011
People v. Xinos
Court errs in denying motion to suppress evidence of electronic data gathered from defendant’s vehicle for lack of probable cause. 		Criminal Law and Procedure Feb. 9, 2011
People v. Moreno
Court errs in denying defendant’s motion for discovery of materials in victim’s personnel file related to propensity for violence related to defendant’s self-defense theory. 		Criminal Law and Procedure Feb. 9, 2011
McLeod v. Astrue
Order 		Feb. 9, 2011
Lee v. Lampert,
Order 		Feb. 9, 2011
Joshua S., a Minor
Court fails to exercise its discretion in denying minor’s deferred entry of judgment without determining minor’s eligibility and other factors. 		Juveniles Feb. 9, 2011
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