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Name Category Published
Troyk v. Farmers Group Inc. (Prematic Service Corp.)
Summary judgment is improper where plaintiff fails to show triable issue as to causation regarding standing in Unfair Competition Law action.
Insurance Dec. 10, 2008
Casey v. State Bar
Culpability finding under Rule 3-300 of Rules of Professional Conduct is reversed where attorney did not acquire pecuniary interest adverse to client.
Attorneys Dec. 9, 2008
City and County of San Francisco v. Coyne
Owners with no ongoing business on undeveloped property cannot recover damages for lost business goodwill.
Real Property Dec. 9, 2008
Al-Marri v. Pucciarelli
Order
Dec. 9, 2008
Gross v. FBL Financial Services, Inc.
Order
Dec. 9, 2008
Bruno v. Texas
Order
Dec. 9, 2008
Marley v. United States
Limitations period in Federal Tort Claims Act is deemed jurisdictional, barring application of equitable estoppel or tolling.
Torts Dec. 9, 2008
Tennison v. City and County of San Francisco
Homicide inspectors may not escape duty to disclose exculpatory evidence where plaintiffs were wrongly accused of murder.
Criminal Law and Procedure Dec. 9, 2008
Mota v. Mukasey
Order
Dec. 9, 2008
In re Tokhmanian
Governor's 30-day period of review of parole grant commenced after trial court rendered its decision of reinstatement.
Criminal Law and Procedure Dec. 8, 2008
Robinson v. Woods
Trial court errs by shortening statutorily required minimum notice period for summary judgment hearing.
Civil Procedure Dec. 8, 2008
Sechrest v. Ignacio
'Miranda' rights are not violated in case involving first degree murder and kidnapping of two young girls.
Criminal Law and Procedure Dec. 8, 2008
United States v. AMC Entertainment Inc.
In ADA case, theaters are not held accountable for design of facilities where government failed to provide fair notice.
Civil Rights Dec. 8, 2008
Love Korean Church v. Chertoff
'Special immigrant' religious worker status does not require that all of worker's duties be primarily non-secular.
Immigration Dec. 8, 2008
U.S. v. Eghbal
Liability under False Claims Act attaches to statements by sellers inducing government to approve home loans.
Criminal Law and Procedure Dec. 8, 2008
International Brotherhood of Electrical Workers v. Citizens Telecommunications Co. of California
Court rejects 'proposed consent rule,' which would have required unions to obtain consent from retirees before arbitrating benefits.
Labor Law Dec. 8, 2008
Tverberg v. Fillner Construction Inc.
Injured independent contractor who lacks access to workers' compensation is owed duty of care.
Employment Law Dec. 8, 2008
People v. Kennedy
Direct appeal to appellate division is available to defendant convicted by written declaration only after trial de novo.
Criminal Law and Procedure Dec. 5, 2008
Valencia v. Mukasey
Immigration Judge is not required to advise alien of availability of relief from deportation where alien is not eligible to receive it.
Immigration Dec. 5, 2008
PUC v. FERC
Order
Dec. 5, 2008
Witt v. Dept. of the Air Force
Order
Dec. 5, 2008
Vail v. Stenson
Order
Dec. 5, 2008
County of Sacramento v. Llanes
Motion to set aside judgment of paternity is denied as untimely where defendant failed to file motion two years after statute's enactment.
Family Law Dec. 4, 2008
Huschke v. Slater
Unreasonable delay in notifying court of settlement warranted monetary sanctions.
Civil Procedure Dec. 4, 2008
People v. Garcia
Concurrent sentences appropriate when felony convictions arise from the same occasion or set of operative facts.
Criminal Law and Procedure Dec. 4, 2008
Greystone Homes Inc. v. Midtec Inc.
Builder may recover economic losses from product manufacturer that violated Right to Repair Act through equitable indemnity action.
Torts Dec. 4, 2008
Java Oil Ltd. v. Sullivan
Foreign judgment awarding attorney fees is deemed enforceable.
Civil Procedure Dec. 4, 2008
Andrzejewski v. Federal Aviation Administration
National Transportation Safety Board must defer to implicit credibility determination regarding witness descriptions of aerobatic maneuvers.
Administrative Agencies Dec. 4, 2008
Brewer v. Premier Golf Properties
Punitive damages are unrecoverable when based solely on Labor Code violations by employer.
Employment Law Dec. 4, 2008
Davies v. Sallie Mae Inc.
Grant of demurrer appropriate where complaint failed to state cause of action against student loan holder.
Civil Procedure Dec. 3, 2008