| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
E040071
|
Bailey v. Outdoor Media Group
'Benefits obtained' under Civil Code Section 3334 may constitute either gross revenue or profit obtained by wrongful occupation of land. |
Civil Procedure |
|
Sep. 26, 2007 | |
|
05-56125
|
John v. City of El Monte
Despite his unseemly hasty actions, officer had probable cause to arrest female teacher alleged to have molested student. |
Civil Rights |
|
Sep. 26, 2007 | |
|
06-16219
|
Freecycle Network Inc. v. Oey
Statements encouraging use of 'freecycle' to keep term in public domain does not constitute contributory trademark infringement or disparagement under Lanham Act. |
Intellectual Property |
|
Sep. 26, 2007 | |
|
05-15676
|
Sanders v. Brown
Plaintiff fails to allege that state statutes mandate conduct that in all cases violates federal antitrust law. |
Antitrust |
|
Sep. 26, 2007 | |
|
F052049
|
Jose C., a Minor
Termination of parental rights is proper where juvenile court did not err in finding minors were not Indian children. |
Native American Affairs |
|
Sep. 26, 2007 | |
|
07-35110
|
Oregon Natural Resources Council Fund v. Goodman
In case involving expansion of ski resort, National Forest Management Act is violated where Forest Service fails to provide data about sensitive species. |
Environmental Law |
|
Sep. 25, 2007 | |
|
05-15737
|
Collins v. Horton
Absent 'well defined' binding precedent, arbitrators' refusal to apply offensive non-mutual collateral estoppel to judgment pending appeal does not 'manifestly disregard' law. |
Civil Procedure |
|
Sep. 25, 2007 | |
|
B198664
|
Foothill Federal Credit Union v. Superior Court (King)
Litigation privilege bars parties' torts causes of action even though delivery of consumer records was beyond scope of subpoena. |
Civil Procedure |
|
Sep. 25, 2007 | |
|
06-30606
|
U.S. v. Dearing
Efforts to conceal and profit from false billings in scheme to defraud Medicaid show willful intent to aid and abet health care fraud. |
Criminal Law and Procedure |
|
Sep. 25, 2007 | |
|
04-56230
|
Dennis v. BEH-1
Summary judgment is granted for consumer where credit reporting agency negligently failed to conduct reasonable reinvestigation. |
Torts |
|
Sep. 25, 2007 | |
|
06-50049
|
U.S. v. Jenkins
Government fails to dispel appearance of vindictive prosecution created by timing of alien smuggling charges. |
Criminal Law and Procedure |
|
Sep. 25, 2007 | |
|
USSC092507
|
Order |
|
Sep. 25, 2007 | ||
|
H030647
|
Guzman v. County of Monterey
Regulations implementing Safe Drinking Water Act impose mandatory duty on county to conduct review of water quality monitoring reports. |
Government |
|
Sep. 25, 2007 | |
|
B189116
|
Santa Clarita Organization for Planning the Environment v. County of Los Angeles (Newhall Land and Farming Co.)
Water service portion of environmental impact report providing for permanent water transfer to service development independent of pending litigation passes muster. |
Environmental Law |
|
Sep. 25, 2007 | |
|
B192832
|
Buckland v. Threshold Enterprises
Executive director of California Women's Law Center lacks standing to pursue claims against defendants who sell lotions allegedly mislabeled. |
Civil Procedure |
|
Sep. 25, 2007 | |
|
H029604
|
Yield Dynamics v. TEA Systems Corp.
Plaintiff who fails to establish elements showing misappropriation of trade secret blames adverse judgment on court's misconception of governing law. |
Intellectual Property |
|
Sep. 24, 2007 | |
|
04-17485
|
Pintos v. Pacific Creditors Association
Agency is liable for furnishing credit report to collect debt unrelated to 'credit transaction' but may seal confidential documents for good cause. |
Torts |
|
Sep. 24, 2007 | |
|
04-17565
|
Sigma Micro Corp. v. Healthcentral.com (In re Healthcentral.com)
Where debtor seeks recovery of prior payments, creditor raises triable issue of fact as to whether it satisfies ordinary course of business defense. |
Bankruptcy |
|
Sep. 24, 2007 | |
|
A114120
|
County of Solano v. Handlery
Public trust doctrine precludes county from casting aside use restrictions on property contained in grant and reiterated in quitclaim deed. |
Real Property |
|
Sep. 24, 2007 | |
|
D050034
|
People v. Shields
Statutory amendment gives court jurisdiction to adjudicate petition to recommit person found to be sexually violent predator. |
Criminal Law and Procedure |
|
Sep. 24, 2007 | |
|
04-C-10213
|
In the Matter of Ozowski
Hearing judge's decision that attorney be publicly reproved stands where state bar court lacks jurisdiction to hear matter. |
Attorneys |
|
Sep. 24, 2007 | |
|
E041226
|
People v. McNeal
Exclusion of partition ratio in DUI case constitutes harmless error where evidence supports defendant drove under influence of alcohol. |
Criminal Law and Procedure |
|
Sep. 24, 2007 | |
|
H030284
|
Marriage of Gray
Apportionment of pension per 'time rule' is reversed where ex-spouses had agreed that court would retain jurisdiction over later in-kind division. |
Family Law |
|
Sep. 24, 2007 | |
|
H030471
|
People v. Ayala
Wendy's employees are properly awarded restitution under Penal Code Section 1202.4 as 'direct victims' of customer's 'finger in chili' hoax. |
Criminal Law and Procedure |
|
Sep. 24, 2007 | |
|
05-56202
|
Cornejo v. County of San Diego
Vienna Convention Article 36 requires 'state' to contact consular official but creates no judicially enforceable right for foreign national under Section 1983. |
Immigration |
|
Sep. 24, 2007 | |
|
05-99011
|
Stenson v. Lambert
Counsel defending man who killed wife and investor is not ineffective for refusing to frame wife or conceding guilt during trial. |
Criminal Law and Procedure |
|
Sep. 24, 2007 | |
|
05-15759
|
Redding v. Safford Unified School District
School search partially exposing breast and pelvic area of girl accused of distributing prescription strength ibuprofen does not violate Fourth Amendment. |
Criminal Law and Procedure |
|
Sep. 23, 2007 | |
|
05-35647
|
Garcia v. Brockway
Untimely lawsuit filed under Fair Housing Act is properly dismissed where prejudice to defendant must be considered. |
Civil Rights |
|
Sep. 23, 2007 | |
|
B193235
|
Lincoln Place Tenants Association v. City of Los Angeles
City must enforce agency's promised mitigation measures concerning project to demolish and redevelop Venice apartment complex before evicting remaining tenants. |
Real Property |
|
Sep. 23, 2007 | |
|
05-56466
|
Lozano v. AT&T Wireless Services Inc.
District court erred in granting class certification of plaintiff's CLRA claim based on inclusion of unconscionable arbitration clause in agreement. |
Civil Procedure |
|
Sep. 23, 2007 |