| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
06-17084
|
Meyer v. Horizon Health Corp.
District court lacks subject matter jurisdiction over False Claims Act action where public disclosure of allegations occurred in prior suit. |
Civil Procedure |
|
May 14, 2009 | |
|
D052743
|
Balzaga v. Fox News Network LLC
Defamation claim dismissed pursuant to anti-SLAPP statute where network's report was 'fair and true.' |
Torts |
|
May 14, 2009 | |
|
E046217
|
People v. Chaffin
Defendant convicted of domestic battery not entitled to sua sponte defense of habitation instruction absent evidentiary support. |
Criminal Law and Procedure |
|
May 14, 2009 | |
|
B199287
|
Loeffler v. Target Corp.
Customers are barred from bringing action against retailer for refund of sales tax reimbursement collected on coffees 'to go.' |
Taxation |
|
May 13, 2009 | |
|
G040446
|
People v. Stump
Credit for time served for parole violation properly denied where any of three parole violations could be 'sole reason' for presentence confinement. |
Criminal Law and Procedure |
|
May 13, 2009 | |
|
06-17161
|
Doody v. Schriro
Order |
|
May 13, 2009 | ||
|
06-75332
|
Morrison v. Commissioner of Internal Revenue
Taxpayer may 'incur' attorney fees even if payment initially made by third party. |
Taxation |
|
May 13, 2009 | |
|
08-16468
|
Catz v. Chalker
Order |
|
May 13, 2009 | ||
|
05-99004
|
Cooper v. Brown
Order |
|
May 12, 2009 | ||
|
B200675
|
Maatuk v. Guttman
Trial court properly excludes expert testimony regarding damages from loss of patents where product was still in development. |
Civil Procedure |
|
May 12, 2009 | |
|
B207305
|
Smith v. Shewry
Writ of mandate improperly granted where re-authorization to represent principal's estate not obtained prior to denial of hearing request for Medi-Cal claim. |
Administrative Agencies |
|
May 12, 2009 | |
|
08-15543
|
Negrete v. Holder
Appellate court has jurisdiction over due process claim stemming from denial of motion for cancellation of removal based on hardship. |
Immigration |
|
May 12, 2009 | |
|
06-55522
|
Ojo v. Farmers Group Inc.
McCarran-Ferguson Act does not reverse-preempt plaintiff’s federal Fair Housing Act claim of disparate impact race discrimination. |
Civil Rights |
|
May 12, 2009 | |
|
06-73693
|
Brezilien v. Holder
Reversal of asylum grant exceeds scope of review where immigration judge's key factual findings were overturned or replaced. |
Immigration |
|
May 12, 2009 | |
|
07-30186
|
U.S. v. Alderman
Statute penalizing felon convicted of violent crime for possession of bullet proof vest that crossed state lines is constitutional. |
Constitutional Law |
|
May 12, 2009 | |
|
B183545
|
Dahms v. Downtown Pomona Property and Business Improvement District
Special assessment district permitted to impose discounted assessments for nonprofit entities only. |
Constitutional Law |
|
May 12, 2009 | |
|
B207812
|
People v. Zambia
Pandering conviction upheld where defendant told undercover officer dressed as prostitute he was a pimp and sought to provide services for money. |
Criminal Law and Procedure |
|
May 12, 2009 | |
|
A117955
|
People v. Dyke
Conviction reversed for insufficient evidence that minor was exposed to television scenes constituting 'harmful matter' per Penal Code Section 288.2(a). |
Criminal Law and Procedure |
|
May 11, 2009 | |
|
G041370
|
D.M. v. Superior Court (Orange County Social Services Agency)
Juvenile court did not err by not compelling probation officer to file wardship petition after juvenile was arrested for animal cruelty. |
Juveniles |
|
May 11, 2009 | |
|
D052768
|
In re E.S., a Minor
Using preponderance of evidence to show 'de facto' parent status for rebuttable presumption of detriment depriving parent of permanent custody is not unconstitutional. |
Family Law |
|
May 11, 2009 | |
|
S150528
|
Smith v. WCAB
Employees are not entitled to attorney fees where insurer unsuccessfully disputes requests for specific medical treatment. |
Workers' Compensation |
|
May 11, 2009 | |
|
05-56056
|
Mujica v. Occidental Petroleum Corp.
Order |
|
May 11, 2009 | ||
|
B205892
|
Coast Plaza Doctors Hospital v. Blue Cross of California
No ordinary preemption under ERISA for claim arising from statute requiring California health care providers to reimburse for insured's emergency care. |
Insurance |
|
May 11, 2009 | |
|
07-55790
|
Hatfield v. Halifax PLC
Statute of limitations period does not bar claim of California class members under doctrine of equitable tolling. |
Civil Procedure |
|
May 10, 2009 | |
|
07-35787
|
Mazda Motors of America, Inc. v. M/V Cougar Ace
Defendant vessel that shipped contracted goods entitled to invoke bill of lading's forum selection clause as Himalaya beneficiary. |
Maritime Law |
|
May 10, 2009 | |
|
C057099
|
People v. Mays
Incriminating statements made by defendant after taking fake polygraph test and seeing fake test results properly admitted into evidence. |
Criminal Law and Procedure |
|
May 10, 2009 | |
|
G039830
|
Scotch v. Art Institute of California-Orange County Inc.
No discrimination found where employer's reason for adverse employment decision was based on failure to obtain graduate degree and decreased enrollment. |
Employment Law |
|
May 7, 2009 | |
|
B206686
|
Martin v. Bridgeport Community Association Inc.
Future residents do not have standing to sue homeowners' association where property owners assigned interest in causes of action. |
Real Property |
|
May 7, 2009 | |
|
S116882
|
People v. Burgener
Request for self-representation for reconsideration of death sentence improperly granted where court fails to adequately inform of risks. |
Criminal Law and Procedure |
|
May 7, 2009 | |
|
S163430
|
Keener v. Jeld-Wen Inc.
Verdict upheld where juror's silence during polling did not constitute 'expressed disagreement.' |
Civil Procedure |
|
May 7, 2009 |
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