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Name Category Published
CDF Firefighters v. Maldonado
Labor union seeking damages from its member must establish all elements of its contractual claim, like any other civil litigant must do. 		Civil Procedure Jun. 19, 2008
Lange v. Schilling
Plaintiff’s failure to seek mediation before filing complaint precludes award of attorney fees. 		Contracts Jun. 18, 2008
Westrec Marina Management Inc. v. Arrowood Indemnity Company
Insurance company's refusal to indemnify is upheld after insured failed to give notice of attorney's demand letter within proper time period. 		Insurance Jun. 18, 2008
Roberts v. Assurance Company of America
Summary adjudication is correctly granted for defendants in insurance case where there are no triable issues of fact regarding liability coverage. 		Insurance Jun. 18, 2008
People v. Tidwell
Evidence Code Section 782 does not apply where defendant seeks to impeach victim with allegedly false complaints of rape, not sexual conduct. 		Criminal Law and Procedure Jun. 18, 2008
Dye v. Brown
Order 		Jun. 18, 2008
People v. Torres
Court errs in imposing more severe sentence on recall to correct illegal portion of defendant’s original sentence. 		Criminal Law and Procedure Jun. 18, 2008
People v. Rish
Defendant forfeits claim of error where he did not raise issue of his suitability for outpatient treatment at recommitment hearing. 		Criminal Law and Procedure Jun. 17, 2008
Guerrero v. Rodan Termite Control Inc.
Whether plaintiff obtained more favorable judgment for purposes of shifting post-offer costs depends on status of litigation when offer was submitted. 		Civil Procedure Jun. 17, 2008
TracFone Wireless Inc. v. County of Los Angeles
Where corporation selling calling cards is deemed tax collector rather than payer, due process and fairness maintain standing to challenge tax. 		Taxation Jun. 17, 2008
Brown v. Cassens Transport Co.
Order 		Jun. 17, 2008
Ashcroft v. Iqbal
Order 		Jun. 17, 2008
Peake, Sec. of VA v. Sanders
Order 		Jun. 17, 2008
Haywood v. Drown
Order 		Jun. 17, 2008
Paterno v. Superior Court (Ampersand Publishing)
Plaintiff who fails to show provably false assertions in defamation action does not establish requisite 'good cause' for discovery concerning actual malice. 		Torts Jun. 17, 2008
In re Red Light Photo Enforcement Cases
Red light photo enforcement is not wasteful or illegal, and City of West Hollywood has no duty to grant writ relief sought. 		Civil Procedure Jun. 17, 2008
Estate of Bennett
In probate case, court commits reversible error in denying request for evidentiary hearing on petitioners' motion to rescind settlement agreement. 		Probate and Trusts Jun. 17, 2008
In re BCBG Overtime Cases.
Motion to strike class allegations is properly granted in case where plaintiffs seek overtime compensation. 		Civil Procedure Jun. 17, 2008
Florida Dept. of Revenue v. Piccadilly Cafeterias Inc.
Bankruptcy Code Section 1146(a) is deemed to afford stamp tax exemptions solely to transfers where Chapter 11 plan is already confirmed. 		Bankruptcy Jun. 17, 2008
Dada v. Mukasey
Alien who makes timely request to withdraw voluntary departure motion must be given opportunity to do so before departure period expires. 		Immigration Jun. 17, 2008
Aramark Facility Services v. Service Employees International Union
Public policy is not violated where arbitrator awards fired employees back-pay and reinstatement. 		Employment Law Jun. 17, 2008
Husyev v. Mukasey
Although alien claims fraud by paralegal caused delay, asylum application is rejected as untimely due to inconsistencies in explaining failure to file. 		Immigration Jun. 17, 2008
Gribben v. United Parcel Service Inc.
Comparative evidence is not required to prove whether disabled driver's impairment substantially limited his ability to perform activities for employer UPS. 		Civil Rights Jun. 17, 2008
Mayer v. L&B Real Estate
Action to quiet title is timely where it is filed within one year of notice of sale of property. 		Real Property Jun. 17, 2008
People v. Nelson
DNA testing provides strong new evidence of guilt that justifies prejudice from delay in charging defendant with 1976 crime. 		Criminal Law and Procedure Jun. 17, 2008
Laabs v. City of Victorville
Summary judgment for defendant is proper where there is no evidence that plaintiff's injuries were caused by dangerous condition of public property. 		Government Jun. 16, 2008
U.S. v. Marks
Defendant is not prejudiced even though he was not present when court entered restitution order past 90-day statutory period. 		Criminal Law and Procedure Jun. 16, 2008
Belmontes v. Ayers
Death sentence is set aside where counsel's deficient performance during penalty phase of trial prejudices defendant. 		Criminal Law and Procedure Jun. 16, 2008
Texaco Inc. v. United States
Language in 26 U.S.C. Section 1341(b)(2) plainly precludes company engaged in integrated petroleum business from using Section 1341(a) tax computation. 		Taxation Jun. 16, 2008
William B., a Minor
Juvenile court errs in giving mother with history of substance abuse 'one more chance' at reunification services after three failed attempts. 		Family Law Jun. 13, 2008
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