| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
F049458
|
McGee v. Tucoemas Federal Credit Union
Federally chartered credit union presumed to have fully waived sovereign immunity is liable for punitive damages in employment discrimination suit. |
Employment Law |
|
Aug. 5, 2007 | |
|
C052082
|
Stoneridge Parkway Partners v. MW Housing Partners III
Loan is exempt from constitutional usury prohibition where licensed real estate broker did not negotiate loan on his own behalf. |
Real Property |
|
Aug. 5, 2007 | |
|
06-30398
|
U.S. v. Valenzuela
U.S.S.G. Section 2K2.1(b)(5) sentencing enhancement is properly applied to defendant convicted of being felon in possession of firearm and possessing stolen property. |
Criminal Law and Procedure |
|
Aug. 5, 2007 | |
|
04-73343
|
Vargas-Hernandez v. Gonzales
Voluntary manslaughter conviction makes defendant removable as an aggravated felon, despite being 16 years of age when offense was committed. |
Immigration |
|
Aug. 5, 2007 | |
|
06-30379
|
U.S. v. Moses
Developer who ignores warnings to obtain permit violates Clean Water Act by discharging pollutants during 20-year project to reshape creek. |
Environmental Law |
|
Aug. 5, 2007 | |
|
D049558
|
Lawrence v. Barona Valley Ranch Resort and Casino
Barona Band of Mission Indians' sovereign tribal immunity precludes it from being sued for negligence in state court. |
Native American Affairs |
|
Aug. 5, 2007 | |
|
05-72899
|
Charles Schwab Corp. v. Commissioner of Internal Revenue
Under Internal Revenue Code Section 461(d)(1), corporation’s franchise tax liability accrues on January 1 of taxable year, not December 31 of income year. |
Taxation |
|
Aug. 3, 2007 | |
|
06-35509
|
Hoyle v. ADA County, Idaho, District Court
Double Jeopardy Clause is not violated where jury in first prosecution could not agree on predicate acts related to racketeering count. |
Criminal Law and Procedure |
|
Aug. 2, 2007 | |
|
B184533
|
Alvarado v. Selma Convalescent Hospital
Trial court properly abstains from adjudicating class action lawsuit concerning staffing of skilled nursing and intermediate care facilities. |
Administrative Agencies |
|
Aug. 2, 2007 | |
|
06-1435
|
Klein v. Chappell (In re Chappell)
Bankruptcy estate is entitled to residence's postpetition appreciation in excess of maximum value permitted whether debtor invokes statutory or federal exemption scheme. |
Bankruptcy |
|
Aug. 2, 2007 | |
|
05-55627
|
Jada Toys Inc. v. Mattel Inc.
In trademark infringement case, district court errs by only considering one ‘Sleekcraft’ factor in its likelihood of confusion analysis. |
Intellectual Property |
|
Aug. 2, 2007 | |
|
03-15303
|
Beck v. Pace International Union
Order |
|
Aug. 2, 2007 | ||
|
05-15978
|
Payan v. Aramark Management Services LP
Title VII action is time-barred where litigant is presumed to receive notice three days from issuance of right-to-sue letter. |
Civil Procedure |
|
Aug. 2, 2007 | |
|
S129522
|
In re Tobacco Cases II
State unfair competition claim against tobacco companies is pre-empted where duty not to promote smoking to minors is subject to federal law. |
Constitutional Law |
|
Aug. 2, 2007 | |
|
S129448
|
Action Apartment Association Inc. v. City of Santa Monica
Civil Code litigation privilege does not entirely conflict with and preempt City of Santa Monica's Tenant Harassment Ordinance. |
Constitutional Law |
|
Aug. 2, 2007 | |
|
C053355
|
California Capital Insurance Co. v. Nielsen
Insurance company is not required to pay uninsured motorist benefits on accident with uninsured vehicle because owner’s personal umbrella policy covered ownership. |
Insurance |
|
Aug. 1, 2007 | |
|
B194885
|
Zamer G., a Minor
Independent unit of Children's Law Center is properly disqualified from concurrent representation due to actual conflict of interest between four siblings. |
Juveniles |
|
Aug. 1, 2007 | |
|
B186764
|
Venegas v. County of Los Angeles
Qualified immunity does not apply to California civil rights actions under Civil Code Section 52.1. |
Civil Rights |
|
Aug. 1, 2007 | |
|
D049051
|
Valenzuela v. California State Personnel Board (Dept. of Corrections and Rehabilitation)
Corrections officer's dismissal is not proper where notice prohibiting foreign diet pills was not sufficient for due process purposes. |
Civil Procedure |
|
Aug. 1, 2007 | |
|
A116463
|
Rowe v. Exline
Trial court errs in deciding individual defendants, not signatories to contract containing arbitration provision, may not compel another signatory to arbitrate. |
Corporations |
|
Aug. 1, 2007 | |
|
05-30267
|
U.S. v. Goetzke
Intercepted letters containing compliments and sexual advances are sufficient to prove intent to persuade or entice minor to engage in sexual activity. |
Criminal Law and Procedure |
|
Aug. 1, 2007 | |
|
05-30076
|
U.S. v. Larson
Convictions for conspiracy to possess methamphetamine with intent to distribute stand where violation of Confrontation Clause rights is harmless. |
Criminal Law and Procedure |
|
Aug. 1, 2007 | |
|
06-307
|
Opinion of Brown
Sheriff's gift of honorary badge to private citizen violates California law if badge would deceive ordinary reasonable person into believing it is authorized. |
Criminal Law and Procedure |
|
Jul. 31, 2007 | |
|
B185107
|
Inglewood Redevelopment Agency v. Aklilu
Expert testimony on lost goodwill value of business that redevelopment agency is unable to relocate is properly admitted based on 'cost to create' approach. |
Real Property |
|
Jul. 31, 2007 | |
|
B187691
|
Magic Kitchen LLC v. Good Things International LTD.
Trade dress infringement claim is time-barred by laches where company waited 10 years to file suit, without justification, and caused significant prejudice. |
Intellectual Property |
|
Jul. 31, 2007 | |
|
B190427
|
Ticconi v. Blue Shield of California Life & Health Insurance Co.
Equitable defenses cannot be used to defeat cause of action under Unfair Competition Law against insurance provider. |
Insurance |
|
Jul. 31, 2007 | |
|
B191613
|
Marriage of M.
Agreement in which husband only pays portion of overdue payments does not release him from remaining arrearages or waive future support. |
Family Law |
|
Jul. 31, 2007 | |
|
B194373
|
Perryman v. County of Los Angeles
Coroner does not owe duty to relatives of drive-by shooting victim to embalm victim’s remains or keep corpse intact. |
Government |
|
Jul. 31, 2007 | |
|
C053595
|
California Horse Racing Board v. WCAB
WCAB errs in applying 'heart trouble presumption' to special investigator awarded work-related disability benefits for heart attack. |
Workers' Compensation |
|
Jul. 31, 2007 | |
|
F050958
|
People v. Flores
Defendant’s federal constitutional rights are not violated by trial court’s reasonable doubt instruction using CALCRIM No. 220. |
Criminal Law and Procedure |
|
Jul. 30, 2007 |