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Name Category Published
Hulteen v. AT&T Corp.
Former AT&T employee is properly granted summary judgment where her days of uncredited pregnancy leave resulted in reduced pension benefits.
Civil Rights Aug. 20, 2007
Torres v. City of San Diego
Trial court properly awards attorney fees and costs to San Diego City Employees’ Retirement System board members for defense of lawsuits.
Government Aug. 20, 2007
Kelsoe v. California State Water Resources Control Board
Legislative intent dictates finding gas station owner eligible for permit waiver and allowing his claim for reimbursement of cleanup costs to proceed.
Administrative Agencies Aug. 20, 2007
Opinion of Brown
Community college district is not required to terminate employment of student who becomes member of district's governing board.
Government Aug. 19, 2007
Harris v. Superior Court (Liberty Mutual Insurance Co.)
Insurance claims adjusters are not exempt from overtime compensation because they are production workers, performing day-to-day operations of insurance companies.
Employment Law Aug. 19, 2007
Lingenfelter v. County of Fresno
Legal guardianship of minor is not a prerequisite for mother to recover damages for IIED due to ill treatment after minor's death.
Torts Aug. 19, 2007
Marlin v. Aimco Venezia LLC
SLAPP motion is not proper where terminating tenancy is not activity taken in furtherance of rights of petition or free speech.
Civil Procedure Aug. 19, 2007
Opinion of Brown
Requirements of Subdivision Map Act do not apply to corporation's grant of conservation easement under which corporation maintains ownership of land.
Government Aug. 16, 2007
People v. Thornton
Convicted kidnapper and murderer’s sentence for kidnapping for robbery is modified where court punished him under wrong Penal Code subsection.
Criminal Law and Procedure Aug. 16, 2007
McDonald v. Antelope Valley Community College
Order
Aug. 16, 2007
District Council No. 16 of the International Union of Painters & Allied Trades, Glaziers, Architectural Metal & Glass Workers, Local 1621 v. B&B Glass Inc.
'Out-of-area' and 'work preservation' clauses do not allow union to compel arbitration against employer who did not control actual work.
Labor Law Aug. 16, 2007
U.S. v. Lambert
Sentence enhancement is proper where defendant conspired to defraud United States by claiming he completed work on behalf of tribes' education department.
Criminal Law and Procedure Aug. 16, 2007
U.S. v. Hernandez-Acuna
District court properly denies motion to suppress without conducting de novo evidentiary hearing because its denial was based on evidence at trial.
Criminal Law and Procedure Aug. 16, 2007
Estrada-Espinoza v. Gonzales
Mexican national is removable as an alien, as conviction for relationship with minor girlfriend is considered aggravated felony.
Immigration Aug. 16, 2007
Babasa v. LensCrafters Inc.
Notice of removal is untimely where mediation letter sent nearly one year earlier clearly showed damages sought exceeded federal jurisdictional amount.
Civil Procedure Aug. 16, 2007
Employers-Teamsters Local Nos. 175 & 505 Pension Trust Fund v. Anchor Capital Advisors
Non-parties in uncertified class action lack standing to bring appeal for alleged Securities Exchange Act violations.
Securities Aug. 16, 2007
U.S. v. Yida
Court properly excludes witness' prior testimony in defendant's retrial because government failed to show witness was 'unavailable'.
Criminal Law and Procedure Aug. 16, 2007
People v. Sloan
Enhancements and future punishment may not be considered to immunize defendant from convictions for multiple charged crimes based on necessarily included offenses.
Criminal Law and Procedure Aug. 16, 2007
People v. Izaguirre
Firearm enhancements found true by jury need not be stricken under multiple conviction rule as necessarily included within first degree murder offense.
Criminal Law and Procedure Aug. 16, 2007
Perez-Torres v. State of California
Governmental immunity is inapplicable in case where man is incarcerated despite fact that government knew, or should have known, it had wrong man.
Torts Aug. 16, 2007
Lewis v. Astrue
Substantial evidence supports administrative law judge's decision that man is not disabled for purposes of supplemental security income.
Employment Law Aug. 16, 2007
People v. Anderson
Order
Aug. 16, 2007
C.W., a Minor
Juvenile court did not act without fundamental jurisdiction in declaring minor ward of court after failing to satisfy probation conditions.
Juveniles Aug. 15, 2007
PM Group Inc. v. Stewart
Rod Stewart and representatives were not liable for interference with subcontracts contemplating performance venues where parties never entered contract for canceled tour.
Torts Aug. 15, 2007
Opp v. St. Paul Fire & Marine Insurance Co.
Business and Professions Code Section 7031 bars suit by unlicensed corporation to recover on payment bond.
Contracts Aug. 15, 2007
Farmer v. Baldwin
Order
Aug. 15, 2007
The Association of American Physicians & Surgeons v. Brewer
Order
Aug. 15, 2007
McGarry v. University of San Diego
Trial court properly strikes former coach's defamation claims based on university official's statements regarding his abrupt termination in newspaper and parent meeting.
Civil Procedure Aug. 15, 2007
Brothers v. Kern
Convicted murderer cannot avoid child support obligation because he desires to use unearned liquidated assets to pay defense attorney of his choice.
Family Law Aug. 15, 2007
People v. Solorzano
Warrantless search is reasonable parole term and defendant may receive harsher punishment after retrial where original sentence was not authorized by law.
Criminal Law and Procedure Aug. 15, 2007