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Name Category Published
In re Harold Staffney
Order
Dec. 13, 2010
In re Askia S. Ashanti
Order
Dec. 13, 2010
Korneff v. Downey Regional Medical Center-Hospital Inc. (In re Downey Regional Medical Center-Hospital Inc.)
Employee has no right to account funds from his deferred compensation pursuant to plan because funds remain part of employer’s estate.
Bankruptcy Dec. 13, 2010
Advanced Network Inc. v. Peerless Insurance Co.
Conversion claim does not trigger insurer’s duty to defend where policy only covers ‘loss of use,’ which does not include permanent loss of property.
Insurance Dec. 13, 2010
Marriage of Mosley
Presumptive filing date for purposes of time limit for appeal is rebuttable with evidence that order was not accessible to public.
Civil Procedure Dec. 13, 2010
Allison J., a Minor
Termination of parental reunification services is reasonably related to government’s interest in promoting child’s welfare and reducing cost and burden to state.
Juveniles Dec. 13, 2010
Allen v. Lawhorn
Order
Dec. 13, 2010
Costco Wholesale Corporation v. Omega, S.A.
Order
Dec. 13, 2010
T.H., a Minor
Order authorizing noncustodial parent to have visitation ‘to be determined by parents’ is improper as effectively delegating visitation determination to custodial parent.
Juveniles Dec. 13, 2010
Parth v. Pomona Valley Hospital Medical Center
Nurses are not denied overtime pay when their employer allowed option to receive different pay at overtime rates for longer shifts.
Labor Law Dec. 13, 2010
In re Roberts
Court properly dismisses petition for habeas relief based on statute of limitations where petitioner fails to demonstrate eligibility for equitable tolling.
Criminal Law and Procedure Dec. 13, 2010
People v. Vasquez
Civil settlement for additional medical expenses and damages suffered by victim does not satisfy defendant’s liability under restitution order.
Criminal Law and Procedure Dec. 13, 2010
Chino Commercial Bank N.A. v. Peters
Bank is not liable for accepting wire transfer and following national standard procedures in accepting checks that were later found to be altered.
Banking Dec. 13, 2010
X.S., a Minor
Court’s finding against parent is improper where no evidence of harm exists due to father’s reluctance to provide for child until paternity determination.
Juveniles Dec. 13, 2010
California Taxpayers’ Association v. Franchise Tax Board
Liability imposed on corporate taxpayers for understatement of taxes is penalty, not tax, and therefore not subject to two-thirds legislative vote for enactment.
Taxation Dec. 13, 2010
A.Z., a Minor
Father’s appeal challenging termination of his parental rights is properly dismissed following his death to allow child's adoption.
Juveniles Dec. 13, 2010
People v. Christiana
Court errs in authorizing defendant’s involuntary medication where lack of sufficient evidence showed defendant would be restored to competence.
Criminal Law and Procedure Dec. 12, 2010
Pollard v. The GEO Group Inc.
Private prison operator acts under color of federal law subjecting it to liability for constitutional violations.
Constitutional Law Dec. 12, 2010
Stasz v. Eisenberg
Plaintiff is not entitled to notice of finality of venue transfer order because she failed to challenge order by writ of mandate.
Civil Procedure Dec. 12, 2010
Movsesian v. Victoria Versicherung AG
Absent express federal policy forbidding references to ‘Armenian Genocide,’ California Code of Civil Procedure Section 354.4 is not preempted by foreign affairs doctrine.
Constitutional Law Dec. 12, 2010
U.S. v. Goyal
Court errs in upholding defendant’s securities fraud conviction despite government’s failure to prove defendant materially misstated revenue using ‘buy-in’ accounting method.
Criminal Law and Procedure Dec. 12, 2010
Knox v. California State Employees Association
Union properly notifies nonmembers of estimated fees based on previous year’s spending and is not required to send additional notice of temporary increase.
Employment Law Dec. 12, 2010
Cohen v. City and County of San Francisco
Court has no jurisdiction over sanction order appeal filed more than 180 days from remand order, which is considered ‘final.’
Civil Procedure Dec. 12, 2010
U.S. v. Ressam
Court vacates sentence imposed on defendant convicted in relation to terrorist plot because district court failed to address government's arguments.
Criminal Law and Procedure Dec. 12, 2010
U.S. v. Lawrence
Defendant’s prior assault conviction was categorically equivalent to predicate offense of violent felony under statute imposing minimum sentence of 15 years.
Criminal Law and Procedure Dec. 12, 2010
Rosas v. The Corp. of the Catholic Archbishop of Seattle
Plaintiff who entered seminary to become priest and performed duties to prepare for ordination is 'minister’ for purpose of ministerial exception to employment laws.
Employment Law Dec. 12, 2010
Albina Engine & Machine v. OWCP
Presumption of claim rising under Longshore and Harbor Workers’ Compensation Act applies to each employer to determine liability, not just claim in general.
Workers' Compensation Dec. 12, 2010
Sacks v. City of Oakland
City is allowed to use revenue indirectly to achieve ordinance’s goal, where ordinance mandates only numerical requirements, not specific method to achieve objective.
Government Dec. 12, 2010
C.B., a Minor
Court may not base finding of parent-child relationship exception on unenforceable expectation of future contact between biological mother and children.
Juveniles Dec. 12, 2010
People v. Jackson
Regardless of whether ‘balcony’ is part of ‘structure’ under burglary statute, defendant violated statute because he was found halfway inside victim’s apartment.
Criminal Law and Procedure Dec. 9, 2010