| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
05-35062
|
Sarausad v. Porter
Order |
|
Sep. 10, 2007 | ||
|
05-36012
|
Bader v. Northern Line Layers Inc.
Notice of mass layoff is not required under WARN Act where remote construction sites do not qualify as 'single site of employment'. |
Employment Law |
|
Sep. 10, 2007 | |
|
06-30414
|
U.S. v. Crews
Officers may reasonably rely on affidavit with sufficient probable cause to search for firearms in apartment shared by two convicted felons. |
Criminal Law and Procedure |
|
Sep. 10, 2007 | |
|
00-99005
|
Fields v. Brown
Defendant is not deprived of impartial jury despite similarity of crime inflicted on wife of one juror and foreperson's notes referencing Bible. |
Criminal Law and Procedure |
|
Sep. 10, 2007 | |
|
B194307
|
Hughes v. Pair
Plaintiff's sexual harassment suit against trustee of ex-husband's estate is not actionable under Civil Code Section 51.9. |
Civil Rights |
|
Sep. 10, 2007 | |
|
B195317
|
Shersher v. Superior Court (Microsoft Corp.)
UCL does not condition recovery of restitution on plaintiff having made 'direct' payments to defendant who is alleged to have engaged in false advertising. |
Business Law |
|
Sep. 10, 2007 | |
|
C054553
|
People v. Willard
No adequate factual basis exists for defendant's plea where there is no reference to any document containing factual allegations. |
Criminal Law and Procedure |
|
Sep. 9, 2007 | |
|
C053225
|
Knabe v. Brister
Stipulation agreeing to transfer exclusive jurisdiction over child support is valid and enforceable even if signed by attorneys, not parties themselves. |
Family Law |
|
Sep. 9, 2007 | |
|
06-17288
|
Solidus Networks Inc. v. Excel Innovations Inc. (In re Excel Innovations Inc.)
Injunction is erroneously granted where bankruptcy court abused its discretion by applying incorrect legal standards. |
Bankruptcy |
|
Sep. 9, 2007 | |
|
05-55739
|
Comedy Club Inc. v. Improv West Associates
Court lacks jurisdiction to review untimely appeal from order compelling arbitration, but confirms arbitrator's authority to resolve disputes arising from trademark agreement. |
Civil Procedure |
|
Sep. 9, 2007 | |
|
06-15474
|
Inouye v. Kemina
In case involving religious coercion, parole officer does not have qualified immunity. |
Civil Procedure |
|
Sep. 9, 2007 | |
|
04-15984
|
Stoner v. Santa Clara County Office of Education
Qui tam action against county office of education and school district is barred where entities are not deemed 'persons' under False Claims Act. |
Government |
|
Sep. 9, 2007 | |
|
04-70300
|
Singh v. Gonzales
Order |
|
Sep. 9, 2007 | ||
|
D049251
|
Lexin v. Superior Court (People)
Motion to set aside information is properly denied where public officials allegedly had financial interest in contracts made in their official capacities. |
Criminal Law and Procedure |
|
Sep. 9, 2007 | |
|
03-99010
|
U.S. v. Mitchell
Conviction for carjacking resulting in death of two victims is proper where there was no error requiring reversal. |
Criminal Law and Procedure |
|
Sep. 6, 2007 | |
|
B196520
|
In re Hyde
Habeas petitioner's parole unsuitability was supported by 'some evidence' of callous killings 33 years ago and construction of aluminum dagger in prison. |
Criminal Law and Procedure |
|
Sep. 6, 2007 | |
|
B194891
|
Dept. of Fair Employment and Housing v. 1105 Alta Loma Road Apartments
Where gravamen of complaint alleged disability discrimination and did not attack protected petitioning or speech activity, defendant's anti-SLAPP motion was properly denied. |
Civil Procedure |
|
Sep. 6, 2007 | |
|
B189977
|
Allstate Insurance Co. v. Mercury Insurance Co.
Insurance company must participate in proration of insured's damages pursuant to uninsured motorist insurance policy. |
Insurance |
|
Sep. 6, 2007 | |
|
F050212
|
People v. Ramirez
Negligent discharge of firearm is not necessarily included in firing at inhabited dwelling where defendant fired shots from inside his apartment. |
Criminal Law and Procedure |
|
Sep. 6, 2007 | |
|
B198538
|
Fairbanks v. Superior Court (Farmers New World Life Insurance Co.)
Consumer Legal Remedies Act claim is properly dismissed where insurance is not deemed 'good' or 'service'. |
Insurance |
|
Sep. 6, 2007 | |
|
B199111
|
R.S. v. Superior Court (Los Angeles County Dept. of Children and Family Services)
Juvenile court must first determine whether noncustodial father is seeking custody of child before deciding whether he is entitled to reunification services. |
Family Law |
|
Sep. 6, 2007 | |
|
B189158
|
Frontier Oil Corp. v. RLI Insurance Co.
Under California law, insurance company promised to defend claims for damages arising from oil operations in Beverly Hills. |
Contracts |
|
Sep. 6, 2007 | |
|
05-55852
|
Buono v. Kempthorne
Government is enjoined from sham exchange to avoid previous injunction barring display on federal land of Latin cross violating Establishment Clause. |
Constitutional Law |
|
Sep. 6, 2007 | |
|
06-10511
|
U.S. v. Atalig
Government need not prove which agency maintains jurisdiction over submission of false claims to support disaster relief administrator's fraud conviction. |
Government |
|
Sep. 6, 2007 | |
|
05-50962
|
U.S. v. Abbouchi
Motion to suppress evidence of counterfeit social security cards is properly denied where package was searched at UPS sorting hub. |
Criminal Law and Procedure |
|
Sep. 6, 2007 | |
|
05-35181
|
Van Duyn v. Baker School District 5J
Only material failures to implement child's individualized education program will violate Individuals with Disabilities Education Act. |
Education |
|
Sep. 6, 2007 | |
|
D048574
|
Cates v. California Gambling Control Commission
Summary judgment is improperly granted where gambling control commission has not shown it has complied with duty to collect funds owed to state. |
Administrative Agencies |
|
Sep. 6, 2007 | |
|
B173829
|
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. |
Civil Procedure |
|
Sep. 6, 2007 | |
|
06-30258
|
U.S. v. Holland
Judge has no duty to recuse himself in response to threatening phone messages defendant makes in attempt to manipulate court system. |
Judges |
|
Sep. 5, 2007 | |
|
05-16820
|
Berman v. Central Intelligence Agency
President's Daily Brief from Johnson administration are 'protected intelligence sources and methods' exempt from disclosure under Freedom of Information Act. |
Constitutional Law |
|
Sep. 5, 2007 |