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Name Category Published
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
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
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
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
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
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
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
Blanco v. Baxter Healthcare Corp.
Medical Device Amendments of United States Code preempt plaintiffs' state common law causes of action.
Torts Jan. 14, 2008
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
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
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
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
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
Feldman v. Bomar
Once feral pig population is eradicated, dispute over manner employed to kill pigs is rendered moot.
Environmental Law Jan. 11, 2008
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Orn v. Astrue
Order
Jan. 10, 2008