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Name Category Published
Exarhos v. Exharhos
Decedent's successor in interest may be held liable for contractual attorney fees in action he commenced on contract that decedent had entered into.
Contracts Feb. 13, 2008
Planned Parenthood of the Columbia/Willamette Inc. v. American Coalition of Life Activists
Where punitive damages award was meaningfully ascertained as of original judgment, plaintiffs are entitled to post-judgment interest from that date.
Civil Procedure Feb. 12, 2008
Certain Underwriters at Lloyds, London v. Inlet Fisheries Inc.
'Uberrimae fidei' requires insured to disclose past oil spills and financial troubles material to insurer's decision to underwrite vessel pollution policy.
Maritime Law Feb. 12, 2008
Farm Raised Salmon Cases.
Dismissal is improper where plaintiffs' claims for deceptive food marketing are based on state laws 'identical to' FDCA's disclosure requirements.
Constitutional Law Feb. 12, 2008
People v. Calvin
Substantial evidence supports court's determination that jurors were not excused for racially discriminatory purpose.
Criminal Law and Procedure Feb. 12, 2008
Boeken v. Philip Morris USA Inc.
Res judicata bars widow's wrongful death action against tobacco company to recover for same injury alleged in prior loss of consortium claim.
Civil Procedure Feb. 12, 2008
B.V. v. Education Department of the State of Hawaii
Order
Feb. 12, 2008
Alliant Insurance Services Inc. v. Gaddy
Preliminary injunction prohibiting defendant from carrying on competing business within California is appropriate.
Contracts Feb. 11, 2008
People v. Chien
Defendant cannot set aside conviction based on counsel's failure to advise him that prior drug trafficking offense triggered deportation.
Criminal Law and Procedure Feb. 11, 2008
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 Feb. 11, 2008
Estate of Tucker v. Interscope Records Inc.
Plaintiff fails to prove that alleged derogatory references in hip-hop magazine ad met element of malice for malicious prosecution claim.
Torts Feb. 11, 2008
Harris v. Carter
Habeas petitioner's reliance on existing precedent equitably tolls statute of limitations while applications for post-conviction review are pending in state court.
Criminal Law and Procedure Feb. 11, 2008
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 Feb. 11, 2008
Roybal v. Governing Board of the Salinas City Elementary School District
Attorney fees are not warranted where evidence does not support plaintiffs' award of 'private attorney general' fees.
Civil Procedure Feb. 8, 2008
Douda v. California Coastal Commission
California Coastal Commission has power to prevent development of residence by unilaterally designating area an environmentally sensitive habitat.
Environmental Law Feb. 8, 2008
Sheller v. Superior Court (Farmers New World Life Insurance Co.)
Court may revoke attorney’s pro hac vice status due to his misconduct, but it may not issue reprimand or impose sanction of attorney fees.
Attorneys Feb. 8, 2008
B.D., a Minor
Location of prospective adoptive parent willing to adopt sibling group after parental rights have been terminated renders issue of adoptability moot.
Juveniles Feb. 8, 2008
Plasencia-Ayala v. Mukasey
Failure to register as sex offender under Nevada statute does not qualify as crime involving moral turpitude.
Criminal Law and Procedure Feb. 8, 2008
People v. Brasure
In death penalty case, defendant fails to show that unsequestered voir dire kept him from unraveling juror bias.
Criminal Law and Procedure Feb. 8, 2008
City of Los Angeles v. 2000 Jeep Cherokee
If valid local ordinance conflicts with state law, local law is preempted and deemed void.
Constitutional Law Feb. 8, 2008
Combs v. Skyriver Communications Inc.
Director in 'flat organization' with some administrative capacity is not 'production worker' whose 'routine and unimportant' functions entitle him to overtime.
Labor Law Feb. 8, 2008
Angel L., a Minor
Juvenile court properly exercises jurisdiction where children had been in California's care and custody for six months at time of hearing.
Juveniles Feb. 7, 2008
Campbell v. Superior Court (People)
Mental retardation hearing should be reopened to determine if mentor who confused students presented false testimony regarding death-eligible defendant.
Criminal Law and Procedure Feb. 7, 2008
Hulings v. State Dept. of Health Care Services
Dept. of Health Services may not condition continued employment after mandatory reinstatement upon new background investigation.
Government Feb. 7, 2008
Del Campo v. Kennedy
Immunity does not extend to private corporation operating bad check diversion program under contract with D.A.
Government Feb. 7, 2008
Gonzalez v. Knowles
Representation by attorney who does not follow defense strategy of defendant's chosen counsel does not prejudice uncle who allegedly molested brother's children.
Criminal Law and Procedure Feb. 7, 2008
Krinsky v. Doe 6
First Amendment protects identity of pseudonymous writer who insults corporate officer's 'fat thighs, fake degree, and poor hygiene' on internet.
Torts Feb. 7, 2008
Jessen v. Mentor Corp.
Products liability claim based on deformation of prosthetic testicle after implantation is preempted by Food, Drug and Cosmetic Act.
Constitutional Law Feb. 7, 2008
People v. Superior Court (United Water Conservation District)
Public entity’s recovery of firefighting expenses against party responsible for starting fire cannot be reduced based on entity’s alleged negligence in fighting fire.
Government Feb. 6, 2008
In re Rozzo
Habeas writ is denied where murder of unresisting victim was particularly heinous, atrocious and cruel.
Criminal Law and Procedure Feb. 6, 2008