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Name Category Published
Douglas v. Jacquez
Re-sentencing of defendant by state court for lesser-included offense would not subject defendant to double jeopardy in violation of Fifth Amendment. 		Criminal Law and Procedure Nov. 25, 2010
Shames v. California Travel and Tourism Commission
No state immunity from antitrust suit exists when legislation did not intend California Travel and Tourism Commission to establish price-fixing in rental car industry. 		Antitrust Nov. 25, 2010
Eklund v. City of Seattle Municipal Court
Court errs in failing to dismiss claim against judge based on qualified immunity in judge’s dual role relating to employee’s termination. 		Judges Nov. 25, 2010
City of San Jose v. Garbett
Injunctions restricting defendant's conduct toward mayor and city council do not violate free speech rights where defendant made credible threat of violence. 		Constitutional Law Nov. 25, 2010
People v. Soojian
Defendant is entitled to new trial for meeting burden of establishing that different result is probable on retrial based on newly discovered evidence. 		Criminal Law and Procedure Nov. 25, 2010
Marriage of Stanton
Federal preemption does not prohibit inclusion of military allowances as ‘income’ for purposes of calculating family support. 		Family Law Nov. 25, 2010
American Express Bank FSB v. Kayatta
Company does not have duty to disclose to cardholder that it had obtained default judgment against additional cardmember on cardholder's account. 		Business Law Nov. 25, 2010
Humane Society of the United States v. Locke
Agency fails to adequately explain decision to authorize killing of sea lions, which were feeding on endangered salmon at high rates. 		Environmental Law Nov. 23, 2010
Cherry Valley Pass Acres and Neighbors v. City of Beaumont (Sunny-Cal Egg & Poultry Co.)
City's certification of environmental impact report is proper where it relied on adequate 'baseline' in assessing project's impacts on regional water supplies. 		Environmental Law Nov. 23, 2010
Friends of the Juana Briones House v. City of Palo Alto (Nulman)
California Environmental Quality Act does not apply to demolition permit issued based on ministerial decision pursuant to fixed municipal code standards. 		Environmental Law Nov. 23, 2010
Goodrich v. Briones (In re Schwarzkopf)
Debtor who had control over trust and its assets has equitable ownership of trust sufficient to impose alter ego liability. 		Bankruptcy Nov. 23, 2010
U.S. v. Steel
Appellate court has no interlocutory jurisdiction over defendant’s motion to dismiss conviction because double jeopardy claim is not colorable. 		Criminal Law and Procedure Nov. 23, 2010
In re Twinn
Governor's reversal of parole grant is overturned where finding that petitioner minimized his role in offense did not show current dangerousness. 		Criminal Law and Procedure Nov. 23, 2010
People v. Carr
Prosecutor’s comment on defendant’s failure to produce any alibi witnesses does not violate defendant’s Fifth Amendment Rights. 		Criminal Law and Procedure Nov. 23, 2010
People v. Shrier
Eavesdropping orchestrated by agents, which pierced confidential attorney-client communications, does not warrant dismissal of case. 		Criminal Law and Procedure Nov. 23, 2010
People v. Blocker
Trial court does not abuse discretion by denying application for 'certificate of rehabilitation' because applicant insisted on his innocence. 		Criminal Law and Procedure Nov. 23, 2010
BBA Aviation PLC v. Superior Court (Engen)
Court improperly imputes jurisdiction over parent company without establishing that company had minimum contacts beyond investing in its subsidiary company. 		Civil Procedure Nov. 23, 2010
Allen v. State Bar
Attorney is not subject to disciplinary action where no attorney-client relationship existed at time of negotiation and sale of friend's duplex. 		Attorneys Nov. 22, 2010
U-Haul International Inc. v. Wilcher
District court errs in failing to provide opportunity to oppose substitution of government for defendant under Westfall Act. 		Government Nov. 22, 2010
Gollehon v. Mahoney
Death sentence for ‘deliberate homicide by accountability’ conviction is reasonably clear sentence for conduct constituting deliberate homicide. 		Criminal Law and Procedure Nov. 22, 2010
D.N. v. United States
Receipt of deceased father’s 401(k) distribution by son as secondary beneficiary turns son into ‘distributee’ for purposes of tax liability. 		Taxation Nov. 22, 2010
Mepco Services Inc. v. Saddleback Valley Unified School District
Trial court properly awards attorney fees to prevailing party pursuant to performance bond, which provided for attorney fees. 		Contracts Nov. 22, 2010
Arnall v. Superior Court (Liker)
Contingency fee agreement between attorney and client is voidable where written agreement fails to state fee is negotiable. 		Attorneys Nov. 22, 2010
Or Khaim Hashalom v. City of Santa Monica
Commercial enterprise owned by not-for-profit religious corporation does not qualify for exemption from historic preservation laws provided to noncommercial properties. 		Real Property Nov. 22, 2010
People v. Gallego
Defendant has no reasonable expectation of privacy in cigarette butt discarded in public and subsequent DNA testing does not violate Fourth Amendment rights. 		Criminal Law and Procedure Nov. 22, 2010
1-800-Got Junk? LLC v. Superior Court (Millennium Asset Recovery Inc.)
California Franchise Relations Act does not bar choice of law provision where provision gave franchisee enhanced protection under Washington law. 		Corporations Nov. 21, 2010
Hillis v. Heineman
Filing of counterclaim or third-party complaint does not waive defense of improper venue asserted in answer. 		Civil Procedure Nov. 21, 2010
Employment Development Dept. v. California Unemployment Insurance Appeals Board (Screaming Eagle Inc.)
Payroll companies performing as single unit may not transfer payroll to company that has lower unemployment insurance rate to avoid paying higher rate. 		Taxation Nov. 21, 2010
Hebbe v. Pliler
Inmate’s inability to access prison law library during 30-day lockdown to research issues of his appeal violates right to access courts. 		Prisoners Rights Nov. 21, 2010
U.S. v. Spangle
Judge is not required to recuse himself where no evidence existed that defendant was going to act on implicit threat. 		Judges Nov. 21, 2010
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