| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
06-55355
|
Trans-Tec Asia v. M/V Harmony Container
Federal Maritime Lien Act permits foreign necessaries providers to obtain maritime lien under certain circumstances. |
Maritime Law |
|
Mar. 12, 2008 | |
|
07-55353
|
Manta v. Chertoff
International treaty does not require Greek government to submit depositions as competent evidence supporting foreign petitioner's extradition for fraud. |
Immigration |
|
Mar. 12, 2008 | |
|
04-74290
|
Mustanich v. Mukasey
Citizenship cannot be conferred by estoppel where statutory requirements for naturalization have not been satisfied. |
Immigration |
|
Mar. 12, 2008 | |
|
06-15841
|
Budnick v. Town of Carefree
Town did not violate Fair Housing Amendments Act of 1988 where potential residents are senior citizens, and age is not ‘disability.’ |
Civil Rights |
|
Mar. 12, 2008 | |
|
04-72651
|
Lemus-Galvan v. Mukasey
Court has jurisdiction to review denials of deferral of removal under Convention Against Torture because such decisions are based on merits. |
Immigration |
|
Mar. 12, 2008 | |
|
E042188
|
Villanueva v. City of Colton
Summary judgment is properly granted to city in employment discrimination case where lead operator in wastewater division 'botched' alarm incident at plant. |
Employment Law |
|
Mar. 12, 2008 | |
|
B197488
|
People v. Rolon
Parents have duty to take reasonable steps to shield children from attack, and may be held criminally liable for failing to protect. |
Criminal Law and Procedure |
|
Mar. 12, 2008 | |
|
D050037
|
Carl N., a minor
Juvenile court's commitment of minor to California Youth Authority is appropriate on grounds of retribution, exhaustion of alternatives, and protecting public. |
Juveniles |
|
Mar. 12, 2008 | |
|
B196011
|
Brandon G., a Minor
16-year-old found to be in possession of firearm with live ammunition cannot have his commitment recalled. |
Juveniles |
|
Mar. 11, 2008 | |
|
D049563
|
Zagami Inc. v. James A. Crone Inc.
Monetary judgment must be reversed where damages findings in special verdict for breach of contract and tractor value are 'hopelessly ambiguous.' |
Contracts |
|
Mar. 11, 2008 | |
|
06-30219
|
U.S. v. Crampton
Possession of sawed-off shotgun and three prior drug convictions are predicate offenses of 'sufficient seriousness' to impose harsher penalties under ACCA. |
Criminal Law and Procedure |
|
Mar. 11, 2008 | |
|
05-16507
|
Shafer v. Astrue
In case concerning social security disability benefits, audit clerk is entitled to attorney fees under Equal Access to Justice Act. |
Employment Law |
|
Mar. 11, 2008 | |
|
07-10217
|
U.S. v. Rodriguez
Incriminating statements are inadmissible where suspect's ambiguous assertion of 'Miranda' rights imposes duty on officers to clarify statement before further questioning. |
Criminal Law and Procedure |
|
Mar. 11, 2008 | |
|
C054075
|
People v. McGowan
CALCRIM No. 362 is proper jury instruction where evidence which may be considered by jury is not enough to prove guilt. |
Criminal Law and Procedure |
|
Mar. 11, 2008 | |
|
G038373
|
Dominguez v. American Suzuki Motor Corp.
Aggrieved consumer is not entitled to attorney fees when manufacturer repurchases product from consumer in compliance with Song Beverly Consumer Warranty Act. |
Business Law |
|
Mar. 11, 2008 | |
|
B198455
|
California Back Specialists Medical Group v. Rand
Defendant’s anti-SLAPP motion was properly denied because underlying activity, which was never before heard in official proceedings, was not ‘protected activity.’ |
Civil Procedure |
|
Mar. 10, 2008 | |
|
05-16549
|
Kendall v. Visa U.S.A. Inc.
Plaintiffs failed to state claim under Section 1 of Sherman Act when they did not detail specific facts of alleged conspiracy. |
Antitrust |
|
Mar. 10, 2008 | |
|
05-17436
|
International Brotherhood of Teamsters v. North American Airlines
Railway Labor Act does not require status quo precluding carriers from unilaterally altering employment terms before initial collective bargaining agreement is completed. |
Labor Law |
|
Mar. 10, 2008 | |
|
06-35148
|
Lussier v. Dollar Tree Stores Inc.
Court properly denies plaintiffs attorney fees where defendant's arguments for removal to federal court are reasonable. |
Civil Procedure |
|
Mar. 10, 2008 | |
|
B194748
|
Titan Electric Corp. v. Los Angeles Unified School District
School district's consent to substitution of subcontractor is valid where substitution procedure complied in substance with reasonable objective of statute. |
Contracts |
|
Mar. 10, 2008 | |
|
G036774
|
Goodman v. Lozano
Defendants who pay nothing despite adverse judgment are properly named ‘prevailing party’ for purposes of awarding costs and attorney fees. |
Civil Procedure |
|
Mar. 10, 2008 | |
|
B197000
|
G.S.R., a Minor
Financial inability of noncustodial, nonoffending father who was never adjudged unfit as parent is improper basis for terminating parental rights. |
Juveniles |
|
Mar. 9, 2008 | |
|
B192878
|
Rachel L., a Minor
Parents are ordered to enroll children in public or private school where home-schooling fails to meet Education Code requirements. |
Education |
|
Mar. 9, 2008 | |
|
07-1453
|
Hupp v. Education Credit Management Corp. (In re Hupp)
Statement of election to have appeal heard by district court rather than bankruptcy appellate panel is only effective if it is 'separate writing.' |
Bankruptcy |
|
Mar. 7, 2008 | |
|
C054374
|
Burks v. Kaiser Foundation Health Plan Inc.
Kaiser's arbitration provision is unenforceable where arbitration disclosure is not 'prominently displayed' on its enrollment form. |
Contracts |
|
Mar. 7, 2008 | |
|
05-56401
|
Manufactured Home Communities Inc. v. County of San Diego
County supervisor’s hostile public statements against company are actionable where they could be interpreted as provably false assertions of fact. |
Constitutional Law |
|
Mar. 7, 2008 | |
|
D050037
|
Carl N., a Minor
Juvenile court's commitment of minor to California Youth Authority is appropriate on grounds of retribution, exhaustion of alternatives, and protecting public. |
Juveniles |
|
Mar. 7, 2008 | |
|
B185907
|
People v. Chavez
Defendant acquitted as to certain crimes by reason of insanity must first be committed to state hospital before prison. |
Criminal Law and Procedure |
|
Mar. 6, 2008 | |
|
F051812
|
People v. Stone
Defendant's conviction on attempted murder count must be reversed where court incorrectly instructed jury on 'kill zone' instruction of attempted murder. |
Criminal Law and Procedure |
|
Mar. 6, 2008 | |
|
B175953
|
Holdgrafer v. Unocal Corp.
Due process proscribes consideration of 'dissimilar acts' in deciding punitive damages based on Unocal's reprehensibility in contaminating plaintiffs' property. |
Torts |
|
Mar. 6, 2008 |