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Name Category Published
State of California v. Continental Insurance (Employers Ins.)
Order
Mar. 20, 2009
People v. Mosley
Order
Mar. 20, 2009
T.S., Jr. v. Superior Court
Pendente lite attorney fee order reversed when court fails to consider all relevant factors per Family Code Section 2030.
Family Law Mar. 20, 2009
Franco v. Athens Disposal Co. Inc.
Class arbitration waiver is unconscionable due to modest size of recovery, potential for retaliation, and unawareness of rights.
Employment Law Mar. 20, 2009
Alfaro v. Community Housing Improvement System & Planning Association
Plaintiffs in fraud case may be entitled to damages where labor was potentially performed due to defendant's failure to disclose deed restriction.
Real Property Mar. 20, 2009
People v. Ramirez
Grossly negligent discharge of firearm constitutes necessary included offense of shooting at inhabited dwelling.
Criminal Law and Procedure Mar. 20, 2009
Ann S., a Minor
Probate guardianship hearings to terminate parental rights does not require showing of present parental unfitness.
Family Law Mar. 20, 2009
Charlotte D., a Minor
Due process does not protect father facing termination of parental rights after he formally waives rights in guardianship proceeding.
Family Law Mar. 20, 2009
Prince v. Pacific Gas & Electric Company
Utility's immunity from liability bars action for implied contractual indemnity arising from easement grant.
Torts Mar. 20, 2009
Joshua A., a minor
Section 1415(j) does not exclude stay put motion during appeal of final judgment issued by district court.
Education Mar. 20, 2009
Lloyd v. County of Los Angeles
County employee is not required to petition for hearing prior to filing suit for retaliation based on whistleblower activity.
Employment Law Mar. 20, 2009
Hildebrandt v. St. Helena Unified School District
Part-time school psychologists of greater seniority cannot displace full-time employee with less seniority during layoffs.
Employment Law Mar. 20, 2009
Marriage of Dellaria
Oral agreement for division of community property is invalid where parties failed to reduce it to writing or stipulate in court.
Family Law Mar. 19, 2009
American Civil Rights Foundation v. Berkeley Unified School District
School district's policy to consider household income, education level, and racial composition of areas in placing students is not unconstitutional.
Civil Rights Mar. 19, 2009
Sanchez v. Western Pizza Enterprises Inc.
Class arbitration waiver is unenforceable due to interference with employees' ability to vindicate rights to minimum wage and reimbursement.
Employment Law Mar. 19, 2009
Brescia v. Angelin
Identification of alleged trade secret with 'reasonable particularity' does not require showing that information is not general knowledge in respective field.
Intellectual Property Mar. 19, 2009
In re B.S., Jr.
Juvenile protective order does not conflict with criminal protective order issued against abusive father.
Juveniles Mar. 19, 2009
Colwell v. Dept. of Health and Human Services
Suit challenging translator requirement for patients with limited English proficiency is dismissed for lack of prudential ripeness.
Civil Procedure Mar. 19, 2009
U.S. v. Driggers
Misleading jury instruction is deemed harmless error although it misstated intent requirement under 18 U.S.C. Section 1958.
Criminal Law and Procedure Mar. 19, 2009
Gibson v. Office of the Attorney General
First Amendment is not violated where Attorney General denies attorney permission to represent employee in private malpractice action.
Constitutional Law Mar. 19, 2009
U.S. v. Flores
Government's refusal to make Section 5K1.1 motion is proper where assistance without subsequent arrests is deemed "insubstantial".
Criminal Law and Procedure Mar. 19, 2009
Rowe v. Educational Credit Management Corp.
Where guaranty agency acted solely as collection agent, collection activity was not 'incidental to' fiduciary obligation.
Business Law Mar. 19, 2009
B. del C.S.B., a Minor
Courts errs in finding that child is not 'settled' due to unlawful immigration status for purposes of Hague Convention.
Juveniles Mar. 19, 2009
321 Henderson Receivables Origination LLC v. Ramos
Trial court errs when in finding that petitioner could not voluntarily dismiss petition under Structured Settlement Transfer Act.
Civil Procedure Mar. 19, 2009
Trouts Unlimited v. Lohn
Agency's decision to combine wild and hatchery salmon within one 'evolutionarily significant unit' is proper.
Environmental Law Mar. 18, 2009
In re Rozzo
Governor's reversal of parole grant for inmate convicted of second-degree murder supported by 'some evidence.'
Criminal Law and Procedure Mar. 18, 2009
K.M., a Minor
Agency is not required to investigate into child's ancestry where family refuses to supply further information.
Native American Affairs Mar. 18, 2009
Peak-Las Positas Partners v. Bollag
Refusal to extend escrow pending city approval of lot line adjustment deemed unreasonable.
Real Property Mar. 18, 2009
Chang v. Lederman
No duty owed to nonclient claiming she was the intended beneficiary of trust's estate.
Probate and Trusts Mar. 18, 2009
In re McGraw
Board must reconsider inmate's parole suitability by determining whether 'some evidence' supports conclusion that he is current threat to public safety.
Criminal Law and Procedure Mar. 18, 2009