| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B189263
|
Young v. Exxon Mobil Corp.
Attorney fee award of $1 to defendant is proper in frivolous FEHA suit. |
Civil Procedure |
|
Dec. 15, 2008 | |
|
B203595
|
In re Aguilar
Governor's finding of unsuitability for parole cannot stand where inmate does not pose danger to public. |
Criminal Law and Procedure |
|
Dec. 15, 2008 | |
|
04-74742
|
Renteria-Morales v. Mukasey
Conviction for failure to appear in court does not to equate to aggravated felony as defined in 8 U.S.C. Section 1101(a)(43)(T). |
Immigration |
|
Dec. 15, 2008 | |
|
07-15227
|
American Broadcasting Companies Inc. v. Miller
Court denying attorney fees to prevailing party under Section 1983 must identify 'special circumstances' making award unjust. |
Civil Procedure |
|
Dec. 15, 2008 | |
|
06-35597
|
Seattle Affiliate of the October 22nd Coalition to Stop Police Brutality, Repression and the Criminalization of a Generation v. City of Seattle
Parade ordinance is facially defective due to police chief's overly broad discretion to issue permits. |
Constitutional Law |
|
Dec. 15, 2008 | |
|
S151402
|
Save Tara v. City of West Hollywood (Waset Inc.)
Environmental impact report is required during decisionmaking process involving city's private development agreement. |
Environmental Law |
|
Dec. 15, 2008 | |
|
H032359
|
People v. Vigil
Conviction is reversed where trial lawyer's mid-trial resignation to State Bar denies defendant constitutional right to counsel. |
Criminal Law and Procedure |
|
Dec. 15, 2008 | |
|
07-89012
|
In re Complaint of Judicial Misconduct
Order |
|
Dec. 12, 2008 | ||
|
C058894
|
The Formula Inc. v. Superior Court (iStar Financial Inc.)
Lis pendens statutes are not applicable to notice of litigation in courts of another state. |
Civil Procedure |
|
Dec. 12, 2008 | |
|
B207661
|
New Albertsons Inc. v. Superior Court (Shanahan)
Supermarket's motion to withdraw admission is improperly denied in case where patron is found bleeding on floor. |
Judges |
|
Dec. 12, 2008 | |
|
G039700
|
Starbucks Corp. v. Superior Court (Lords)
Law prohibiting employers from asking applicants about certain marijuana convictions is not violated where no plaintiff had marijuana-related conviction. |
Labor Law |
|
Dec. 12, 2008 | |
|
S167531
|
People v. Soto
Order |
|
Dec. 12, 2008 | ||
|
S151402
|
Save Tara v. City of West Hollywood
Order |
|
Dec. 12, 2008 | ||
|
S117235
|
Lewis on Habeas Corpus
Order |
|
Dec. 12, 2008 | ||
|
08-15991
|
Transwestern Pipeline Co. v. 17.19 Acres of Property Located in Maricopa County
Private party holding FERC certificate is not entitled to immediate possession of land until order of condemnation issues. |
Real Property |
|
Dec. 12, 2008 | |
|
07-35321
|
Avista Corp. v. Wolfe
District court erred in its retroactive application of abandonment declaration pursuant to 43 U.S.C. Section 912. |
Real Property |
|
Dec. 12, 2008 | |
|
06-35780
|
League of Wilderness Defenders v. U.S. Forest Service
Final Supplemental Environmental Impact Statement is insufficient where U.S. Forest Service tiers to non-NEPA analysis of aggregate cumulative effects. |
Environmental Law |
|
Dec. 12, 2008 | |
|
08-35205
|
Oregon Natural Desert Association v. U.S. Forest Service
Plaintiffs claiming U.S. Forest Service violation of Clean Water Act are bound by principles of 'stare decisis.' |
Environmental Law |
|
Dec. 12, 2008 | |
|
S150038
|
People v. Hernandez
Officer may not stop vehicle displaying temporary operating permit in lieu of license plates on hunch that permit is forged. |
Criminal Law and Procedure |
|
Dec. 12, 2008 | |
|
S149728
|
Raymond C., a Minor
Traffic stop is reasonable where juvenile failed to place temporary operating permit in preferred rear location of vehicle. |
Juveniles |
|
Dec. 12, 2008 | |
|
B205565
|
C.R., a Minor
Express statement of finding of first degree murder is not required based on language of petition. |
Juveniles |
|
Dec. 11, 2008 | |
|
A121594
|
Briggs v. Resolution Remedies
Trial court lacks authority to review arbitrator's prehearing order. |
Civil Procedure |
|
Dec. 11, 2008 | |
|
06-16421
|
Espinosa v. United Student Aid Funds Inc.
In Chapter 13 case, student loan debt is properly discharged where creditor fails to object to discrepancy in claims. |
Bankruptcy |
|
Dec. 11, 2008 | |
|
05-72532
|
Hakopian v. Mukasey
Asylum application is not time-barred where applicant admits government's alleged date of entry at hearing before immigration judge. |
Immigration |
|
Dec. 11, 2008 | |
|
B202085
|
Larner v. Los Angeles Doctors Hospital Associates LP
Plaintiff who loses class certification motion and settles overtime hours claim retains no personal stake in litigation, rendering appeal moot. |
Civil Procedure |
|
Dec. 10, 2008 | |
|
B196516
|
People v. Conners
Resentencing is required where trial court imposed sentence on defendant prior to receipt of updated probation report. |
Criminal Law and Procedure |
|
Dec. 10, 2008 | |
|
08-56672
|
United Steel, Paper & Forestry, Rubber Manufacturing, Energy, Allied Industrial & Service Workers International Union v. Shell Oil Co.
Class action with multiple defendants is improperly remanded to state court where one defendant's timely removal effected removal of entire action. |
Civil Procedure |
|
Dec. 10, 2008 | |
|
07-15582
|
Societe Civile Succession Richard Guino v. Renoir
Pre-1978 sculptures are protected by copyright where publications occurred in foreign country without notice of United States copyright. |
Intellectual Property |
|
Dec. 10, 2008 | |
|
07-56070
|
The Upper Deck Co. LLC v. American International Specialty Lines Insurance Co.
Insurance policy insuring tax strategy later abandoned by insureds does not cover loss incurred as result of settlement with IRS. |
Insurance |
|
Dec. 10, 2008 | |
|
07-15773
|
Chambers v. McDaniel
Due process is violated when erroneous jury instructions allowed first degree murder conviction without finding of deliberation. |
Criminal Law and Procedure |
|
Dec. 10, 2008 |