| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B160939
|
Levin v. United Airlines
Angry passenger's remark about bomb in luggage provides probable cause to arrest for making false bomb report, even if not taken seriously. |
Criminal Law and Procedure |
|
Jan. 15, 2008 | |
|
B193417
|
Booth v. Santa Barbara Biplanes LLC
Release and waiver of liability that was signed by plaintiffs bars negligence and breach of implied warranty complaint. |
Torts |
|
Jan. 15, 2008 | |
|
A116026
|
Coastside Fishing Club v. California Resources Agency
Statute permitting executive branch agency to enter contracts for private funds not provided by Legislature does not violate separation of powers doctrine. |
Constitutional Law |
|
Jan. 15, 2008 | |
|
C045727
|
McGarry v. Sax
Willing participant in ‘product toss’ event assumes risk of injury during melee caused by spectators vying for prize thrown into their midst. |
Torts |
|
Jan. 14, 2008 | |
|
B160939
|
Levin v. United Airlines
Angry passenger's remark about bomb in luggage provides probable cause to arrest for making false bomb report, even if not taken seriously. |
Criminal Law and Procedure |
|
Jan. 14, 2008 | |
|
07-56424
|
Nelson v. National Aeronautics and Space Administration
Preliminary injunction against background investigations is proper where employees must choose between violation of their constitutional rights and loss of their jobs. |
Constitutional Law |
|
Jan. 14, 2008 | |
|
A116578
|
People v. Hua
Where marijuana possession is nonjailable offense, officers who see individuals smoking it may not make warrantless entry of residence to seize offenders. |
Criminal Law and Procedure |
|
Jan. 14, 2008 | |
|
G038255
|
Blanco v. Baxter Healthcare Corp.
Medical Device Amendments of United States Code preempt plaintiffs' state common law causes of action. |
Torts |
|
Jan. 14, 2008 | |
|
B184660
|
Esther B. v. City of Los Angeles
Mandatory relief under Code of Civil Procedure Section 473(b) is not proper where attorney fails to show she represented any taxpayer other than herself. |
Civil Procedure |
|
Jan. 14, 2008 | |
|
B197391
|
Lauren Z., a Minor
Best interest of child prevails over all other considerations, which is plainly served by foster parent adoption. |
Juveniles |
|
Jan. 14, 2008 | |
|
A116710
|
Crowley Maritime Corp. v. Boston Old Colony Insurance Co.
Insurer seeking recovery against co-insurers of its insured under theory of equitable contribution is not bound by insured’s contractual obligations to co-insurers. |
Insurance |
|
Jan. 14, 2008 | |
|
C053293
|
Maranatha Corrections LLC v. Dept. of Corrections and Rehabilitation
Director of correction's letter exposing contractor's misappropriation of revenue is privileged official act, subjecting plaintiff's defamation claims to special motion to strike. |
Torts |
|
Jan. 14, 2008 | |
|
C055448
|
Environmental Defense Project of Sierra County v. County of Sierra
Where amendment to zoning ordinance is proposed, 10-day notice of public hearing must be given after planning commission's recommendation has been received. |
Government |
|
Jan. 11, 2008 | |
|
06-55675
|
Feldman v. Bomar
Once feral pig population is eradicated, dispute over manner employed to kill pigs is rendered moot. |
Environmental Law |
|
Jan. 11, 2008 | |
|
06-50597
|
U.S. v. Thornton
Sentence for fundraiser who swindled money from 'kidney research' and 'top secret mission' would not have been 'materially different' under advisory guidelines. |
Criminal Law and Procedure |
|
Jan. 11, 2008 | |
|
B193915
|
Sumpter v. Matteson
Plaintiff is never entitled to punitive damages as matter of right, and granting or withholding of award is wholly within control of jury. |
Torts |
|
Jan. 11, 2008 | |
|
D049452
|
Hogar v. Community Development Commission of the City of Escondido
Plaintiff is successful party and entitled to attorney fees where his lawsuit motivated defendant to voluntarily provide relief. |
Civil Procedure |
|
Jan. 11, 2008 | |
|
C050332
|
People v. Matye
Abuse of dependent adult conviction is proper where son inflicted injury upon mother who had suffered massive stroke. |
Criminal Law and Procedure |
|
Jan. 11, 2008 | |
|
D049883
|
Exarhos v. Exarhos
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 |
|
Jan. 11, 2008 | |
|
A112028
|
People v. The Pacific Lumber Co.
Where State sues company for alleged fraudulent business practices, action is barred under Civil Code because communications are privileged. |
Government |
|
Jan. 11, 2008 | |
|
H028021
|
Voices of the Wetlands v. California State Water Resources Control Board (Duke Energy Moss Landing LLC)
Water pollution permit is upheld where record supports board's finding that alternatives to 'once-through cooling' are wholly disproportionate to benefits achieved. |
Environmental Law |
|
Jan. 11, 2008 | |
|
A116504
|
Kenneth J., a Minor
Minor who contests allegations of wrong-doing may be declared ward without deferred entry of judgment procedure in dispositional order imposing restitution fine. |
Juveniles |
|
Jan. 11, 2008 | |
|
B185673
|
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 |
|
Jan. 10, 2008 | |
|
05-35752
|
Berger v. City of Seattle
Permit rule for street performers meets requirements for valid restrictions on expression under First Amendment. |
Constitutional Law |
|
Jan. 10, 2008 | |
|
04-35279
|
Edo v. GEICO Casualty Co.
Insurance company is not liable for increased premium where it would offer same rate without taking applicant's credit score into account. |
Insurance |
|
Jan. 10, 2008 | |
|
05-56824
|
Saffon v. Wells Fargo & Co. Long Term Disability Plan
Where long-term disability plan is administered and funded by same entity, court must discount deference accorded to administrator’s decision to deny benefits. |
Employment Law |
|
Jan. 10, 2008 | |
|
03-35848
|
Willes v. State Farm Fire and Casualty Co.
To determine whether first-time insurance rate is unfair, court compares rate applicant would have received had company not taken credit score into account. |
Insurance |
|
Jan. 10, 2008 | |
|
05-16102
|
Trantina v. United States
When property right asserted concerns contractual right to perform service and receive compensation, payment made to terminate contract cannot be considered capital asset. |
Taxation |
|
Jan. 10, 2008 | |
|
04-35313
|
Spano v. Safeco. Corp.
Insurer cannot be held liable for 'willful violation' of Fair Credit Reporting Act where misreading of its requirements was not reckless. |
Insurance |
|
Jan. 10, 2008 | |
|
05-16181
|
Orn v. Astrue
Order |
|
Jan. 10, 2008 |