| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B197513
|
Kettenring v. Los Angeles Unified School District
Adult education teachers are deemed exempt employees ineligible for overtime pay. |
Employment Law |
|
Oct. 13, 2008 | |
|
B205027
|
Estate of Felder
Estate retains $48,000 deposit after defaulting purchaser of property fails to comply with terms of sale. |
Probate and Trusts |
|
Oct. 13, 2008 | |
|
B195552
|
Stonehouse Homes v. City of Sierra Madre
Developer's challenge to moratorium resolution is unripe where future ordinance does not yet apply to its incomplete applications for residential development. |
Constitutional Law |
|
Oct. 13, 2008 | |
|
B195452
|
People v. Briones
Penal Code Section 667 does not permit consecutive sentences for conspiracy and drug possession where sale of drugs was object of conspiracy. |
Criminal Law and Procedure |
|
Oct. 13, 2008 | |
|
G039065
|
Secrest v. Security National Mortgage Loan Trust 2002-2
Unsigned forbearance agreement modifying note and deed of trust is subject to statute of frauds. |
Real Property |
|
Oct. 13, 2008 | |
|
A116362
|
Center for Biological Diversity Inc. v. FPL Group Inc.
Claim for breach of public trust brought by private parties must be brought against responsible public agencies. |
Environmental Law |
|
Oct. 13, 2008 | |
|
06-16230
|
Theme Promotions Inc. v. News America Marketing FSI
Right of first refusal agreements between publisher of coupon inserts and packaged goods companies violate California antitrust law. |
Antitrust |
|
Oct. 13, 2008 | |
|
07-55131
|
American Sports Radio Network, Inc. v. Krause
Order |
|
Oct. 13, 2008 | ||
|
07-10495
|
U.S. v. Maes
Defendant fails to show she was improperly charged under general criminal possession statute. |
Criminal Law and Procedure |
|
Oct. 13, 2008 | |
|
06-56082
|
Potter v. Hughes
Public Storage shareholder fails to make adequate demand on board of directors before filing derivative action. |
Corporations |
|
Oct. 13, 2008 | |
|
D047199
|
Donovan v. Poway Unified School District
Plaintiffs prevail on sexual orientation harassment claim by showing severe harassment and indifference of school district despite several complaints. |
Education |
|
Oct. 13, 2008 | |
|
B199294
|
Jay Bharat Developers Inc. v. Minidis
Preliminary injunction is granted where franchisee continues to benefit under franchise agreement after failure to perform obligations. |
Corporations |
|
Oct. 10, 2008 | |
|
D051391
|
Pacific Sunwear of California Inc. v. Olaes Enterprises Inc.
Under UCC, 'rightful' infringement claim is one that has any significant and adverse effect on buyer's ability to make use of purchased goods. |
Intellectual Property |
|
Oct. 10, 2008 | |
|
06-15636
|
Centerprise International v. Micron Technology Inc.
In antitrust case, plaintiff fails to show that higher U.S. prices for computer memory chip proximately caused its foreign injury. |
Antitrust |
|
Oct. 10, 2008 | |
|
06-50663
|
U.S. v. Lemoine
Bureau of Prisons is authorized to require inmates to pay higher restitution payments pursuant to rehabilitative program. |
Criminal Law and Procedure |
|
Oct. 10, 2008 | |
|
04-75584
|
Sanchez v. Mukasey
Order |
|
Oct. 10, 2008 | ||
|
05-55665
|
Murdoch v. Castro
Order |
|
Oct. 10, 2008 | ||
|
F053221
|
People v. Lucatero
Police officer may pose as potential buyer and enter home to corroborate details given by informant for purposes of obtaining search warrant. |
Criminal Law and Procedure |
|
Oct. 10, 2008 | |
|
C055878
|
People v. DeFrance
Absence of jury instructions in court record does not prejudice defendant. |
Criminal Law and Procedure |
|
Oct. 10, 2008 | |
|
06-35979
|
Salmon Spawning & Recovery Alliance v. Gutierrez
Conservation groups lack Article III standing in case involving treaty related to endangered fish. |
Environmental Law |
|
Oct. 9, 2008 | |
|
06-16682
|
Center for Policy Analysis on Trade and Health v. Office of the United States Trade Representative
Order |
|
Oct. 9, 2008 | ||
|
03-74442
|
Delgado v. Mukasey
Asylum is denied where petitioner's DUI convictions, which are not aggravated felonies, constitute 'particularly serious crimes.' |
Immigration |
|
Oct. 9, 2008 | |
|
C057127
|
People v. Guiffre
Court improperly imposes second restitution fine rather than probation revocation fine. |
Criminal Law and Procedure |
|
Oct. 9, 2008 | |
|
D050794
|
Stillwell v. The Salvation Army
Trial court improperly grants former employer's JNOV motion based on inconsistent jury finding that plaintiff was at-will employee. |
Civil Procedure |
|
Oct. 8, 2008 | |
|
B197611
|
Association for Los Angeles Deputy Sheriffs v. County of Los Angeles
Denial of preliminary injunction is upheld where deputies attempted to enjoin enforcement of anti-huddling policy. |
Labor Law |
|
Oct. 8, 2008 | |
|
03-73030
|
Granados-Oseguera v. Mukasey
Despite legally cognizable ineffective assistance of counsel claim, BIA properly denies motion to reopen where petitioner overstayed voluntary departure period. |
Immigration |
|
Oct. 8, 2008 | |
|
07-50238
|
U.S. v. Delgado
Cocaine possession conviction stands where commercial truck is subject to warrantless inspection. |
Criminal Law and Procedure |
|
Oct. 8, 2008 | |
|
A118537
|
Berkeley Police Association v. City of Berkeley
City must maintain confidentiality of officer investigatory records pertaining to citizen complaints. |
Government |
|
Oct. 8, 2008 | |
|
D048522
|
Bouton v. USAA Casualty Insurance Co.
Trial court must decide whether plaintiff is an insured entitled to enforce policy's arbitration provision. |
Insurance |
|
Oct. 8, 2008 | |
|
05-72739
|
Snoqualmie Indian Tribe v. Federal Energy Regulatory Commission
Relicensing decision allowing hydroelectric power plant on sacred waterfall does not substantially burden tribe's free exercise of religion. |
Native American Affairs |
|
Oct. 8, 2008 |