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Name Category Published
Bullock v. Philip Morris USA Inc.
Court commits error in Phillip Morris case where jury instructions failed to exclude nonparties to litigation in award of punitive damages.
Torts Feb. 1, 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. 1, 2008
People v. Nicholls
Defendant bears burden of showing that matter omitted from affidavit were material to determination of probable cause.
Criminal Law and Procedure Feb. 1, 2008
People v. Traylor
Order
Feb. 1, 2008
People v. Banegas
Order
Feb. 1, 2008
Reid v. Google
Order
Feb. 1, 2008
Redding v. Safford Unified School District
Order
Feb. 1, 2008
Citizens for Responsible Open Space v. San Mateo County Local Agency Formation Commission
Annexation of land is validated where omissions in public notice are not prejudicial because voter rights were not substantially affected.
Real Property Feb. 1, 2008
Baker v. Osborne Development Corp.
Builder cannot compel arbitration of construction defect claim where unconscionable agreement is presented to home buyers in builder's application for warranty.
Contracts Feb. 1, 2008
Cornhusker Casualty Insurance Co. v. Kachman
Order
Jan. 31, 2008
Oberson v. U.S. Department of Agriculture
Discretionary function exception did not shield Forest Service from liability for injuries suffered by party in snowmobile accident.
Administrative Agencies Jan. 31, 2008
American Casualty Co. v. Miller
Where pollution exclusion clause excludes coverage for environmental pollution event, there is no coverage for injuries resulting from pollution.
Insurance Jan. 31, 2008
Avivi v. Centro Medico Urgente Medical Center
Foreign doctor is improperly disqualified as expert witness for failing to state his familiarity with local standard of care for treating arm fractures.
Torts Jan. 31, 2008
Dell'Oca v. Bank of New York Trust Co.
Order granting new trial unless plaintiffs consented to substantial reduction in damages is affirmed.
Corporations Jan. 31, 2008
People v. Seminoff
Witness’s refusal to answer questions on her version of events leading to discovery of contraband is sufficient basis for court to strike her testimony.
Criminal Law and Procedure Jan. 31, 2008
People v. Batman
DNA penalty assessment is punitive ex post facto law with respect to offenses prior to its effective date.
Criminal Law and Procedure Jan. 31, 2008
Silvas v. E*Trade Mortgage Corp.
Where plaintiffs' state law claims provide state remedies for violations of federal law in field entirely occupied by federal law, plaintiff's claims are pre-empted.
Constitutional Law Jan. 31, 2008
Cornhusker Casualty Insurance Co. v. Kachman
Issue of whether cancellation notice sent by certified mail satisfies notice requirement if never received by insured is certified to state supreme court.
Insurance Jan. 31, 2008
Murphy v. Check 'N Go of California Inc.
In wage and hour case, class action waiver compelling arbitration of misclassified employee's right to overtime pay is exculpatory and unconscionable.
Civil Procedure Jan. 30, 2008
People v. Paredes
Disqualification of public defender was abuse of trial court's discretion and violated defendant's right to counsel under state constitution.
Criminal Law and Procedure Jan. 30, 2008
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.
Government Jan. 30, 2008
Ahmadi-Kashani v. The Regents of the University of California
Court errs in finding FEHA claim barred for employee's failure to exhaust internal remedy.
Employment Law Jan. 30, 2008
County of San Bernardino v. Walsh
Public officials and other fiduciaries cannot profit by breach of their fiduciary duty and disgorgement of profits is applicable when this happens.
Government Jan. 30, 2008
Loftus v. State Bar
Attorney's one year suspension for harassing juror and other acts of moral turpitude is found to be warranted.
Attorneys Jan. 30, 2008
Hall v. Time Inc.
Plaintiff must suffer 'injury in fact' and 'lost money or property' to have standing to pursue claim under California unfair competition law.
Corporations Jan. 30, 2008
Solis v. County of Los Angeles
Pro se prisoner’s failure to submit certain pretrial documents does not justify adverse grant of summary judgment or waiver of jury trial.
Civil Rights Jan. 30, 2008
Costco Wholesale Corp. v. Maleng
Central warehousing ban, erroneously found to be hybrid restraint, is not preempted by Section 1 of Sherman Act.
Antitrust Jan. 30, 2008
Hess v. Board of Parole and Post-Prison Supervision
Oregon statute allowing parole board to postpone parole release date is neither facially vague nor vague as applied to defendant.
Criminal Law and Procedure Jan. 30, 2008
U.S. v. Banks
VICAR requires defendant's gang-related purpose in committing crime to be more than merely incidental.
Criminal Law and Procedure Jan. 30, 2008
Doe v. Salesian Society
Plaintiffs’ presentation of limited evidence is insufficient to raise inference that defendant entity had notice of its employee’s unlawful sexual conduct.
Civil Procedure Jan. 30, 2008