| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B243788
|
Augustus v. ABM Security
Remaining on-call not tantamount to actually working, for purposes of employee rest breaks. |
Labor Law |
|
Jan. 30, 2015 | |
|
G047429
|
Gray1 v. SCC Acquisitions
Payment of judgment with certified cashier’s check renders subsequent attorney fee request untimely. |
Civil Procedure |
|
Jan. 29, 2015 | |
|
E057158
|
Eriksson v. Nunnink
‘Placeholder’ for horse trainer’s surname in waiver does not create ambiguity rendering such waiver inapplicable. |
Torts |
|
Jan. 29, 2015 | |
|
D064922
|
R.M. v. T.A.
Constitutionality of ‘presumed parent’ statute upheld. |
Constitutional Law |
|
Jan. 29, 2015 | |
|
A137815
|
Richardson v. Franc
20 years of uninterrupted permissive use of access and utility easement for landscaping improvements creates irrevocable license to maintain such landscaping. |
Real Property |
|
Jan. 29, 2015 | |
|
B238618
|
FTR International Inc. v. Rio School District
Public works contractor may only recover attorney fees on claim for which they are allowed when there are no common issues with other claims. |
Government |
|
Jan. 29, 2015 | |
|
C072981
|
People v. Zinda
Justified-homicide-during-lawful-arrest instruction not required where defendant’s intention was only to kill. |
Criminal Law and Procedure |
|
Jan. 29, 2015 | |
|
H040702
|
Arteaga v. Superior Court (People)
Grand jury indictment may be based on uncorroborated accomplice testimony. |
Criminal Law and Procedure |
|
Jan. 29, 2015 | |
|
B252838
|
Los Angeles Memorial Coliseum Commission v. Insomniac Inc.
Public entity may be entitled to disgorgement of profits that came from ticket sales resulting from agreement negotiated by financially interested public employee. |
Government |
|
Jan. 29, 2015 | |
|
B249890
|
Maroney v. Iacobsohn
Service of judgment by plaintiff upon defendant does not trigger jurisdictional limits when plaintiff moves for new trial. |
Civil Procedure |
|
Jan. 29, 2015 | |
|
13-35069
|
Mays-Williams v. Williams
Changing retirement plan beneficiary over phone may have substantially complied with plan’s ‘governing documents.’ |
Contracts |
|
Jan. 29, 2015 | |
|
12-16688
|
Cortez v. Skol
Eighth Amendment prisoner rights claim depends on prison official’s subjective awareness of substantial risk of serious harm to inmate’s safety. |
Prisoners Rights |
|
Jan. 28, 2015 | |
|
13-30133
|
U.S. v. Davis
Drug sentence upheld despite retroactive change to federal guidelines because, per Sotomayor concurrence, Rule 11(c)(1)(C) plea agreement was not based on the guidelines. |
Criminal Law and Procedure |
|
Jan. 28, 2015 | |
|
14-70158
|
Sussex v. U.S. District Court
‘Evident partiality’ of arbitrator must be supported by a significant showing before district court can disqualify such arbitrator. |
Civil Procedure |
|
Jan. 28, 2015 | |
|
G049041
|
People v. Perez
Court abuses discretion in dismissing motion to withdrawal guilty plea. |
Criminal Law and Procedure |
|
Jan. 28, 2015 | |
|
C074546
|
Greenwell v. Auto-Owners Ins. Co.
Personal jurisdiction lacking where defendant’s connection to California did not bear a substantial relationship to the instant legal claim. |
Civil Procedure |
|
Jan. 28, 2015 | |
|
G050399
|
People v. Vidana
Defendant cannot be convicted of both Larceny and embezzlement because they are not separate offenses, but two ways of committing theft. |
Criminal Law and Procedure |
|
Jan. 27, 2015 | |
|
13-1010
|
M&G Polymers USA LLC v . Tackett
Employers prevail in dispute over retirement benefits due to Sixth Circuit’s improper application of ordinary contract principles. |
Labor Law |
|
Jan. 27, 2015 | |
|
B253338
|
Ferguson v. Yaspan
Taken in context, buyout provision of contract is fair, though it tended to favor one party. |
Contracts |
|
Jan. 27, 2015 | |
|
13-955
|
Knight v. Thompson
Order |
|
Jan. 27, 2015 | ||
|
13-1286
|
Gevo v. Butamax
Order |
|
Jan. 27, 2015 | ||
|
13-1536
|
Lighting Ballast Control v. Universal Lighting Tech.
Order |
|
Jan. 27, 2015 | ||
|
14-206
|
Shire Development v. Watson Pharmaceuticals
Order |
|
Jan. 27, 2015 | ||
|
13-10515
|
United States v. Whittemore
Conviction for making campaign contributions in name of another is supported, even if funds were gifts to third parties under state law. |
Criminal Law and Procedure |
|
Jan. 27, 2015 | |
|
12-50183
|
U.S. v. McElmurry
Self-professed child pornography addict escapes convictions due to district court’s prejudicial evidentiary ruling. |
Criminal Law and Procedure |
|
Jan. 27, 2015 | |
|
12-16980
|
Black Mesa v. Jewell
Since it achieved 'some degree of success on merits,' environmentalist group eligible for fee reimbursement. |
Administrative Agencies |
|
Jan. 27, 2015 | |
|
12-15890
|
Landers v. Quality Communications Inc.
Employee’s wage and hour claim is properly dismissed because his threadbare allegations did not support reasonable inference of his entitlement to overtime pay. |
Employment Law |
|
Jan. 27, 2015 | |
|
11-60072
|
Tamm v. UST – United States Trustee, Honolulu (In re Hokulani Square Inc.)
Chapter 7 bankruptcy trustee may not collect fees on credit bid transaction where no money was exchanged. |
Bankruptcy |
|
Jan. 27, 2015 | |
|
B253176
|
Angelina E., a Minor
Commissioner properly cross-assigned to act as referee pursuant to presiding judge’s 2001 order cross-assigning all commissioners as referees in juvenile dependency. |
Juveniles |
|
Jan. 26, 2015 | |
|
A135509
|
Coblentz, Patch, Duffy & Bass LLC v. City and County of San Francisco
Non-guaranteed partner profit distributions constitute ‘compensation for services’ for purposes of calculating San Francisco’s Payroll Expense Tax. |
Taxation |
|
Jan. 26, 2015 |