| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
07-50251
|
U.S. v. Barsumyan
Defendant's history of credit card fraud and current conspiracy to make counterfeit cards using device-making equipment make sentence enhancement reasonable. |
Criminal Law and Procedure |
|
Feb. 29, 2008 | |
|
S143999
|
Olson v. Automobile Club of Southern California
Prevailing plaintiff may not recover award of expert witness fees in addition to attorney fees under Code of Civil Procedure Section 1021.5. |
Civil Procedure |
|
Feb. 29, 2008 | |
|
D049800
|
Puentes v. Wells Fargo Home Mortgage Inc.
Wells Fargo's calculation of 'yearly' interest rate on home mortgage comports with industry standards and is not unfair business practice. |
Business Law |
|
Feb. 29, 2008 | |
|
D049936
|
Adajar v. RWR Homes Inc.
If arbitration terms are incorporated by reference to another document, that document must clearly state terms for court to compel arbitration. |
Civil Procedure |
|
Feb. 29, 2008 | |
|
B198883
|
Harrington v. Payroll Entertainment Services Inc.
After court finds lawyers billed excessive hours, reasonable attorney fees are $500, not $46,000 as claimed by plaintiff. |
Attorneys |
|
Feb. 29, 2008 | |
|
B201466
|
Jakks Pacific Inc. v. Superior Court (THQ Inc.)
Arbitrator's disclosure obligations are not triggered until he is notified of selection to serve as neutral arbitrator. |
Civil Procedure |
|
Feb. 29, 2008 | |
|
06-1322
|
Federal Express Corp. v. Holowecki
Courier filed 'charge' pursuant to Age Discrimination in Employment Act, because EEOC interprets term as requesting agency to take remedial action. |
Administrative Agencies |
|
Feb. 28, 2008 | |
|
07-16695
|
Pacific Merchant Shipping Association v. Goldstene
Clean Air Act preempts California's 'Marine Vessel Rules,' which constitute emission standards. |
Maritime Law |
|
Feb. 28, 2008 | |
|
06-55221
|
Sybersound Records Inc. v. UAV Corp.
Party who lacked standing to bring copyright infringement suit under Copyright Act cannot bring claim under Lanham Act. |
Intellectual Property |
|
Feb. 28, 2008 | |
|
04-55831
|
Smith v. Patrick
Order |
|
Feb. 28, 2008 | ||
|
06-72804
|
Tall v. Mukasey
Conviction for crime involving moral turpitude renders alien inadmissible and removable from United States. |
Criminal Law and Procedure |
|
Feb. 28, 2008 | |
|
06-35196
|
Williams v. Boeing Co.
Salaried employees alleging racial discrimination have standing to maintain compensation discrimination claim against Boeing. |
Constitutional Law |
|
Feb. 28, 2008 | |
|
F052948
|
Nicoll v. Rudnick
Because water right was appurtenant to entire property, each parcel owner of property acquired water rights proportional to percentage of land acquired. |
Real Property |
|
Feb. 28, 2008 | |
|
S159489
|
Murphy v. Burch
Order |
|
Feb. 28, 2008 | ||
|
S159307
|
Ross v. Appellate Department (People)
Order |
|
Feb. 28, 2008 | ||
|
S160196
|
People v. Trujillo
Order |
|
Feb. 28, 2008 | ||
|
S159042
|
Staben On Habeas Corpus
Order |
|
Feb. 28, 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 |
|
Feb. 26, 2008 | |
|
C053918
|
Noble v. Draper
Plaintiffs’ fraud and unfair business practice claims against defendants are not precluded by prior administrative hearing concerning their wage claims. |
Civil Procedure |
|
Feb. 26, 2008 | |
|
B200690
|
Henry v. Superior Court (Reinink)
Defendant in personal injury suit is entitled to reduce exposure to noneconomic damages by proving hospital shares fault for plaintiff's aggravated injuries. |
Torts |
|
Feb. 26, 2008 | |
|
07-1155
|
Dumont v. Ford Motor Credit Co. (In re Dumont)
Bankruptcy Code amendments eliminate 'ride through' option, no longer allowing debtor to retain car after stay lifts without enforceable reaffirmation agreement. |
Bankruptcy |
|
Feb. 26, 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 |
|
Feb. 26, 2008 | |
|
06-1221
|
Sprint/United Management Co. v. Mendelsohn
Because district court's reasoning in excluding testimony in age discrimination case was ambiguous, case should have been remanded. |
Civil Procedure |
|
Feb. 26, 2008 | |
|
06-30551
|
U.S. v. Turvin
Evidence from consensual vehicle search is admissible because mere police questioning during lawful traffic stop does not constitute 'seizure.' |
Criminal Law and Procedure |
|
Feb. 26, 2008 | |
|
05-15704
|
Betz v. Trainer Wortham & Company Inc.
Statute of limitations for securities fraud claim begins to run when reasonable investor exercising reasonable diligence should have discovered she was defrauded. |
Securities |
|
Feb. 26, 2008 | |
|
D049161
|
Real Estate Analytics LLC v. Vallas
Specific performance is proper remedy for owner's breach of real estate contract to sell unique mobilehome property with great investment potential. |
Contracts |
|
Feb. 26, 2008 | |
|
B196367
|
Quihuis v. City of Los Angeles
Before discharging police officer, city must provide notice of proposed disciplinary action in personnel complaint within one year of alleged misconduct. |
Civil Procedure |
|
Feb. 26, 2008 | |
|
D050150
|
People v. Paredes
Retroactive change in federal law does not result in violation of plea agreement where defendant later becomes subject to removal. |
Criminal Law and Procedure |
|
Feb. 26, 2008 | |
|
B192828
|
Taheri Law Group v. Evans
Attorney fees are improperly awarded under anti-SLAPP statute to lawyer who represented himself. |
Civil Procedure |
|
Feb. 26, 2008 | |
|
D049905
|
Searles Valley Minerals Operations Inc. v. State Board of Equalization
Purchase of coal is subject to California use tax where coal is consumed in process of generating electricity, not incorporated into electricity. |
Taxation |
|
Feb. 26, 2008 |