| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B201357
|
Bradley v. Gilbert
Son's proposed petition as successor trustee to marshal assets in deceased parent's subtrusts does not violate no-contest clause. |
Probate and Trusts |
|
Apr. 3, 2009 | |
|
C058941
|
Estate of Kelly
Probate Code Section 8226(c) does not time-bar beneficiary from petitioning for probate when it never received notice of letters of administration. |
Probate and Trusts |
|
Apr. 3, 2009 | |
|
B210470
|
Long Beach Memorial Medical Center v. Superior Court (Connors)
Court errs in finding settlement made in good faith where physician's payment was less than two percent of total amount. |
Torts |
|
Apr. 3, 2009 | |
|
07-15847
|
Dream Games of Arizona Inc. v. PC Onsite
Illegal operation of copyrightable work does not deprive work of copyright protection or preclude statutory damages. |
Intellectual Property |
|
Apr. 3, 2009 | |
|
07-30411
|
U.S. v. Rollness
Murder conviction under Violent Crime in Aid of Racketeering statute carries life imprisonment as statutory minimum sentence rather than simple fine. |
Criminal Law and Procedure |
|
Apr. 3, 2009 | |
|
07-35726
|
Avery v. First Resolution Management Corp.
Claim that defendants attempted to collect time-barred debt fails where parties lawfully adopted state's statute of limitations and tolling provisions. |
Civil Procedure |
|
Apr. 3, 2009 | |
|
07-56760
|
Northrop Grumman Corp. v. Factory Mutual Insurance Co.
Where excess policy excludes flood coverage in contrast to primary policy, insurer is not required to pay for damage from Hurricane Katrina. |
Insurance |
|
Apr. 3, 2009 | |
|
08-30125
|
U.S. v. Paul
District court’s disregard of mandate is improper where it re-sentenced defendant to term only one month shorter than previously vacated sentence. |
Criminal Law and Procedure |
|
Apr. 3, 2009 | |
|
B205410
|
In re Masoner
Superior court's remedial order directing prisoner's release from custody violates separation of powers doctrine. |
Criminal Law and Procedure |
|
Apr. 3, 2009 | |
|
G041034
|
Alan S. v. Superior Court (Mary T.)
Pendente lite attorney fee order reversed when court fails to consider all relevant factors per Family Code Section 2030. |
Family Law |
|
Apr. 3, 2009 | |
|
07-15582
|
Societe Civile Succession Richard Guino v. Renoir
Order |
|
Apr. 2, 2009 | ||
|
08-16338
|
Pooshs v. Phillip Morris USA, Inc.
Order |
|
Apr. 2, 2009 | ||
|
G040473
|
R.S. v. Superior Court (M.L.)
Juvenile court did not abuse discretion where videotape of minor victim interview is released subject to strict protective order. |
Juveniles |
|
Apr. 2, 2009 | |
|
07-581
|
14 Penn Plaza LLC v. Pyett
Provision in collective-bargaining agreement requiring union members to arbitrate claims under Age Discrimination in Employment Act of 1967 is enforceable. |
Labor Law |
|
Apr. 2, 2009 | |
|
07-588
|
Entergy Corp. v. Riverkeeper Inc.
EPA permissibly relies on cost-benefit analysis in determining 'best available technology' for minimizing environmental impact of cooling water intake structures. |
Environmental Law |
|
Apr. 2, 2009 | |
|
07-8521
|
Harbison v. Bell
18 U.S.C. Section 3599 authorizes federally appointed counsel to represent clients in state clemency proceedings. |
Criminal Law and Procedure |
|
Apr. 2, 2009 | |
|
06-71048
|
Kaur v. Holder
Detailed summary of classified information must be provided to alien petitioner in order to rebut alleged immigration fraud. |
Immigration |
|
Apr. 2, 2009 | |
|
G038125
|
People v. Ramirez
Under Penal Code Section 186.22(a), active gang participation requires proof that defendant engaged in gang-related felonious criminal conduct. |
Criminal Law and Procedure |
|
Apr. 1, 2009 | |
|
07-9995
|
Rivera v. Illinois
Denial of peremptory challenge does not violate Due Process where all jurors seated were qualified and unbiased. |
Criminal Law and Procedure |
|
Apr. 1, 2009 | |
|
07-1372
|
Hawaii v. Office of Hawaiian Affairs
Congress' Apology Resolution does not strip Hawaii's authority to alienate land grants upon admission to Union. |
Government |
|
Apr. 1, 2009 | |
|
07-1216
|
Philip Morris USA Inc. v. Williams
Order |
|
Apr. 1, 2009 | ||
|
07-35417
|
The General Store Inc. v. Van Loan
Federal firearms dealer license is revoked for willful violations of federal and state firearms law. |
Business Law |
|
Apr. 1, 2009 | |
|
07-16418
|
Hunt v. Imperial Merchant Services Inc.
District court may require class action defendant to pay notification costs where defendant's liability already determined. |
Civil Procedure |
|
Apr. 1, 2009 | |
|
07-72272
|
Benson v. Commissioner of Internal Revenue
Omission of constructive dividends totaling more than 25 percent of gross income extended statute of limitations for tax assessment under Section 6501. |
Taxation |
|
Apr. 1, 2009 | |
|
A119028
|
People v. Bermudez
Section 851.8 petition for seal and destruction of arrest record barred by two-year limitations period. |
Criminal Law and Procedure |
|
Mar. 31, 2009 | |
|
H032196
|
Molenda v. Dept. of Motor Vehicles
Lab report containing alcohol blood test results properly deemed inadmissible hearsay in DMV administrative proceeding. |
Administrative Agencies |
|
Mar. 31, 2009 | |
|
B205005
|
Etheridge v. Reins International California Inc.
Mandatory tip pool requiring tip distribution to dishwashers, kitchen staff, and bartenders does not violate Labor Code Section 351. |
Employment Law |
|
Mar. 31, 2009 | |
|
B201556
|
The Fifth Day LLC v. Bolotin
Section 7031 does not bar unlicensed construction manager of privately owned real estate project from seeking compensation for services. |
Business Law |
|
Mar. 31, 2009 | |
|
B196684
|
Muller v. Fresno Community Hospital & Medical Center
Collateral order doctrine permits appeal of order denying motion for sanctions where no payment of money or performance of act is required. |
Civil Procedure |
|
Mar. 31, 2009 | |
|
08-5564
|
Brown v. United States
Order |
|
Mar. 31, 2009 |