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Name Category Published
Friends of Pinto Creek v. U.S. Environmental Protection Agency
Issuance of permit to discharge copper into impaired creek without showing compliance with water quality standards violates Clean Water Act. 		Environmental Law Oct. 4, 2007
Montalvo v. Spirit Airlines
Passengers' claim that airlines failed to warn about risk of developing deep vein thrombosis is pre-empted by FAA. 		Administrative Agencies Oct. 4, 2007
Betz v. Trainer Wortham & Co. Inc.
Statute of limitations for securities fraud claim begins to run when reasonable investor exercising reasonable diligence should have discovered she was defrauded. 		Securities Oct. 4, 2007
Booker v. Rountree
Restaurant owner's abuse of process cross-complaint based on disabled customers' misconduct in exacting separate settlements survives special motion to strike. 		Civil Rights Oct. 4, 2007
Jacqueline T. v. Alameda County Child Protective Services
Social worker is immune from liability for alleged negligent conduct in investigating child sexual abuse case. 		Government Oct. 4, 2007
Tuolumne County Citizens of Responsible Growth Inc. v. City of Sonora (California Gold Development Corp.)
Connections between proposed home improvement center and road realignment indicate they are related acts that constitute single CEQA project. 		Environmental Law Oct. 3, 2007
Nichols v. City of Taft
Court maintains discretion in calculating adequate compensation for more expensive out-of-town counsel. 		Attorneys Oct. 3, 2007
People v. Ceja
Defendant can only be sentenced on greater offense arising from misdemeanor petty theft for felony receipt of same stolen property. 		Criminal Law and Procedure Oct. 3, 2007
Inouye v. Kemna
In case involving religious coercion, parole officer does not have qualified immunity. 		Civil Procedure Oct. 3, 2007
County of Orange v. Superior Court (Rothert)
If paternity judgment is established through voluntary declaration of paternity, any challenge to judgment must be made within two years of child’s birth. 		Family Law Oct. 3, 2007
Zipusch v. LA Workout Inc.
Summary judgment is improperly granted to health club owner where assumption of risk provision of membership agreement did not release club from liability. 		Torts Oct. 3, 2007
People v. Guerrero
Jury instruction did not prevent jury from considering lack of evidence in deciding whether reasonable doubt existed. 		Criminal Law and Procedure Oct. 3, 2007
El Escorial Owners' Association v. DLC Plastering Inc.
In multi-party construction defect case, trial court may use 'rough categories' to initially determine good faith settlement allocations for various types of defects. 		Bankruptcy Oct. 3, 2007
Cruz v. Ayromloo
Prevailing tenants are properly awarded attorney fees related to matters beyond contract cause of action for return of security deposit. 		Civil Procedure Oct. 3, 2007
Sumuel v. Advo Inc.
Bona fide disability plan deducting salary on first day of leave does not violate 'salary basis test' exempting employees from overtime payments. 		Employment Law Oct. 2, 2007
Lee v. Blue Shield of California
Physician's declaratory relief claim should be treated as petition for writ of mandate to reinstate service plan's hearing to terminate provider status. 		Civil Procedure Oct. 2, 2007
Hodgman v. WCAB
In workers' compensation case, guardian ad litem was entitled to compensation for duplicative care provided by assisted living facility and employer should bear expense. 		Workers' Compensation Oct. 2, 2007
U.S. v. Brock-Davis
To be included in restitution order, cost of tile removal and asbestos testing must be directly related to cleanup of contamination by methamphetamine operation. 		Criminal Law and Procedure Oct. 2, 2007
Strong v. State Board of Equalization
Legislature has constitutional authority to ratify administrative rule excluding real property transfers between domestic partners from definition of 'change in ownership' under Proposition 13. 		Real Property Oct. 2, 2007
People v. Binkerd
Conviction for driving under influence causing injury cannot stand where it is necessarily lesser included offense of vehicular manslaughter without gross negligence. 		Criminal Law and Procedure Oct. 2, 2007
People v. Montero
After jury requested clarification on instructions, trial court did not err in directing jury to reread CALCRIM No. 2302 without providing more information. 		Criminal Law and Procedure Oct. 2, 2007
Sznyter v. Malone
Federal statute of limitations controls in case involving alleged violations of the Telephone Consumer Protection Act of 1991. 		Civil Procedure Oct. 2, 2007
P.A., a Minor
Although juvenile court erred in denying father reunification services without completed declaration of due diligence, father forfeited right to raise issue on appeal. 		Juveniles Oct. 2, 2007
U.S. v. Lujan
Court rejects defendant's constitutional challenges to statute mandating collection of blood sample during supervised release. 		Criminal Law and Procedure Oct. 2, 2007
People v. Grayson
Court properly finds true aggravating fact of defendant's prior juvenile adjudications in imposing upper term sentence. 		Criminal Law and Procedure Oct. 1, 2007
Emmett v. Kelly
Order 		Oct. 1, 2007
Steinhart v. County of Los Angeles
Conveyance of life estate to plaintiff did not constitute change in ownership for purposes of Proposition 13. 		Probate and Trusts Oct. 1, 2007
Ramanathan v. Bank of America
National Bank Act does not preempt discrimination claims of 'vice president' whom bank fails to show is 'officer' of bank. 		Employment Law Oct. 1, 2007
Suter v. Goedert
Court may not assume mootness in adjudicating motion to stay, which if decided on merits, would control mootness question. 		Bankruptcy Oct. 1, 2007
Saddleback Valley Community Church v. El Toro Materials Co. Inc. (In re El Toro Materials Co. Inc.)
Landlord properly asserts that its damages are not capped where tenant left million-ton pile of dirt on property. 		Bankruptcy Oct. 1, 2007
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