| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
04-16087
|
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 | |
|
D049111
|
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 | |
|
A113967
|
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 | |
|
06-406
|
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 | |
|
B195121
|
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 | |
|
F050021
|
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 | |
|
B188407
|
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 | |
|
06-801
|
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 | |
|
S046816
|
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 | |
|
CSC0815
|
McDonald v. Antelope Valley Community College
Order |
|
Aug. 16, 2007 | ||
|
05-16258
|
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 | |
|
07-30060
|
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 | |
|
06-10173
|
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 | |
|
05-75850
|
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 | |
|
07-55880
|
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 | |
|
04-56791
|
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 | |
|
06-10460
|
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 | |
|
S132605
|
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 | |
|
S132980
|
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 | |
|
S137346
|
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 | |
|
04-17414
|
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 | |
|
081507
|
People v. Anderson
Order |
|
Aug. 16, 2007 | ||
|
C052220
|
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 | |
|
B181839
|
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 | |
|
F050754
|
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 | |
|
06-35635
|
Farmer v. Baldwin
Order |
|
Aug. 15, 2007 | ||
|
05-15630
|
The Association of American Physicians & Surgeons v. Brewer
Order |
|
Aug. 15, 2007 | ||
|
D048103
|
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 | |
|
F048970
|
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 | |
|
F049842
|
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 |