| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D046568
|
Campo Band of Mission Indians v. Superior Court (Celeste Bluehawk)
Tribe waived its tribal sovereign immunity regarding patron negligence claims up to limits of insurance it is required to maintain. |
Native American Affairs |
|
Mar. 22, 2006 | |
|
B175408
|
Stephen v. Ford Motor Co.
In negligence action, trial court properly granted nonsuits in favor of automobile and tire companies. |
Torts |
|
Mar. 21, 2006 | |
|
E037988
|
P.L., a Minor
De facto parent has no standing to challenge court's discretion with regards to custody or placement of child. |
Juveniles |
|
Mar. 21, 2006 | |
|
C048156
|
Patten v. Grant Joint Union High School District
School district employee's transfer from one principal position to another raises triable issue of material fact regarding adverse employment action. |
Employment Law |
|
Mar. 21, 2006 | |
|
E037219
|
Ambrose v. Michelin North America Inc.
Where counsel's conduct does not constitute excusable neglect, mandatory relief under Code of Civil Procedure Section 473(b) is not warranted. |
Civil Procedure |
|
Mar. 21, 2006 | |
|
A109541
|
Gin v. Pennsylvania Life Insurance Co.
Disability that resulted from repetitive stress was not 'accidental bodily injury' for purpose of receiving disability benefits. |
Employment Law |
|
Mar. 20, 2006 | |
|
H027112
|
Donaldson v. Dept. of Real Estate of State of California
Dept. of Real Estate cannot rely solely on abolished crime of statutory rape to revoke salesperson's license. |
Administrative Agencies |
|
Mar. 20, 2006 | |
|
H027476
|
Feitelberg v. Credit Suisse First Boston
Remedy of nonrestitutionary disgorgement is not available in class action asserting violation of unfair competition law. |
Business Law |
|
Mar. 20, 2006 | |
|
C048900
|
Banis Restaurant Design Inc. v. Serrano
Contractor's request to amend complaint in contract suit was properly denied because amendment would have contradicted original pleadings. |
Contracts |
|
Mar. 20, 2006 | |
|
B174260
|
Shell v. Equilon Enterprises
Party may not seek relief under Code of Civil Procedure Section 473(b) from sanctions imposed for failure to respond to discovery. |
Civil Procedure |
|
Mar. 20, 2006 | |
|
G034572
|
Saben, Earlix & Associates v. Fillet
Motion for attorney fees must be filed within time for filing notice of appeal, and order granting summary judgment is not appealable. |
Attorneys |
|
Mar. 20, 2006 | |
|
A107905
|
Slocum v. State Board of Equalization
Expansion of calamity reassessment relief beyond requirement of 'direct physicality' embedded in Constitution and Revenue and Taxation Code Section 170(a)(2) is invalid. |
Taxation |
|
Mar. 20, 2006 | |
|
B176720
|
Jones v. Los Angeles County Office of Education
Disabled Office of Education employee seeking reinstatement was only entitled to placement on office re-employment list. |
Employment Law |
|
Mar. 20, 2006 | |
|
A103183
|
In re Coles
Defendant's assertion that failure to preserve and turn over officers' raw notes violated reciprocal discovery provisions of Proposition 115 is rejected. |
Criminal Law and Procedure |
|
Mar. 20, 2006 | |
|
A108599
|
MacIsaac v. Waste Management Collection and Recycling Inc.
Under Labor Code there is no 'mass layoff' where employees have been separated from their employer, not their position. |
Labor Law |
|
Mar. 20, 2006 | |
|
G031778
|
Electronic Funds Solutions v. Murphy
Trial court erred by awarding damages based on company's value, instead of company's lost profits. |
Civil Procedure |
|
Mar. 20, 2006 | |
|
D046687
|
Bonnie P. v. Superior Court (Jacqueline P.)
Petition for emancipation was denied because minor failed to manage her finances and her parents did not consent to her living arrangement. |
Family Law |
|
Mar. 20, 2006 | |
|
H028516
|
Dorel Industries Inc. v. Superior Court (Jackson)
Exercise of jurisdiction over foreign company was proper under 'representative service doctrine' of general jurisdiction. |
Civil Procedure |
|
Mar. 20, 2006 | |
|
G035111
|
Trust One Mortgage Corp. v. Invest America Mortgage Corp.
Court properly granted summary judgment to mortgagee corporation because indemnification provision of broker agreement was enforceable notwithstanding nonjudicial foreclosure. |
Real Property |
|
Mar. 20, 2006 | |
|
E037230
|
American Products Co. Inc. v. Law Offices of Geller, Stewart & Foley LLP
Litigation privilege did not apply to demand letters sent to manufacturer's customer prior to initiation of lawsuit. |
Civil Procedure |
|
Mar. 20, 2006 | |
|
D046348
|
Friese v. Superior Court (Moores)
Corporations Code Section 25502.5 is not subject to internal affairs doctrine as codified in Section 2116. |
Corporations |
|
Mar. 20, 2006 | |
|
04-55830
|
Williams v. Runnels
In peremptory challenge appeal, defendant's showing of statistical disparity was only required to raise inference of purposeful discrimination. |
Criminal Law and Procedure |
|
Mar. 20, 2006 | |
|
03-70674
|
Morales-Izquierdo v. Ashcroft
Order |
|
Mar. 20, 2006 | ||
|
02-71207
|
Stevedoring Services of America v. Price
Order |
|
Mar. 20, 2006 | ||
|
03-30307
|
U.S. v. Teeples
Conviction for lewd and lascivious act with child under 14 is crime of violence for purposes of now discretionary U.S. Sentencing Guidelines. |
Criminal Law and Procedure |
|
Mar. 20, 2006 | |
|
04-15503
|
Burnett v. Resurgent Capital Services (In re Burnett)
Court could not reach merits of bankruptcy claim because debtors waived all issues raised on appeal. |
Bankruptcy |
|
Mar. 20, 2006 | |
|
04-17167
|
Mancebo v. Adams
When polygraph evidence had small role in trial, it is not harmful, and thus conviction must stand. |
Criminal Law and Procedure |
|
Mar. 20, 2006 | |
|
05-15680
|
Doe v. Rumsfeld
Government satisfied procedural requirements to extend length of service for Army Reserve National Guard and statute authorizing extension is not unconstitutional. |
Government |
|
Mar. 20, 2006 | |
|
05-55014
|
Sprint PCS Assets v. City of La Canada Flintridge
City may not deny telecommunications company permit to install wireless antennas based on aesthetic considerations. |
Government |
|
Mar. 20, 2006 | |
|
04-15171
|
Wasco Products Inc. v. Southwall Technologies Inc.
Manufacturer was required to plead civil conspiracy in its complaint in order to raise issue and toll applicable statute of limitations. |
Civil Procedure |
|
Mar. 20, 2006 |