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Name Category Published
Hyundai Amco America Inc. v. S3H Inc.
Subcontractor may compel arbitration of dispute with general contractor without first making demand because general contractor’s lawsuit clearly showed refusal to arbitrate.
Contracts Dec. 18, 2014
Opinion of Harris
Cities and fire districts that historically provided EMS services do not have to enter into agreement with agency to participate in ‘EMS system.’
Government Dec. 18, 2014
U.S. Bank National Association v. Yashouafar
Guarantor may not have to pay more than $14 million in prepayment fee where dispute remain regarding date guarantor’s obligation accrued.
Contracts Dec. 18, 2014
Wells Fargo Bank N.A. v. The Best Service Co. Inc.
Trial court’s denial of stay motion is not appealable where it is unaccompanied by any motion or petition to compel arbitration.
Civil Procedure Dec. 18, 2014
Daugherty v. Daugherty
Father’s derivative disability benefits do not count as income for purposes of calculating father's child support obligations.
Family Law Dec. 17, 2014
Hudson v. County of Los Angeles
Trial court improperly finds that order restoring discharged sheriff’s employment is superseded by later settlement, when settlement is susceptible to contrary interpretation.
Employment Law Dec. 17, 2014
Feresi v. The Livery LLC
Managing member’s perfected security interest in LLC does not take priority over prior, unperfected interest due to manager’s breach of fiduciary duty.
Securities Dec. 17, 2014
Baby Boy W., a Minor
Biological father who expressed unequivocal desire to raise child successfully blocks third party adoption arranged by child’s mother.
Juveniles Dec. 17, 2014
Ventura Foothill Neighbors v. County of Ventura
Ventura County must issue supplemental environmental impact report on relocated building project where building height increased from 75 feet to 90 feet.
Environmental Law Dec. 17, 2014
City and County of San Francisco v. Cobra Solutions Inc.
Party waives exclusion of allegedly tainted evidence because delay in filing motion to exclude was unreasonably lengthy.
Contracts Dec. 17, 2014
United States v. Kollman
Government action seeking to reduce 1996 income tax assessments to judgment is not barred by 10-year limitations period because of tolling.
Taxation Dec. 17, 2014
Oregon Public Employees Retirement Fund v. Apollo Group Inc.
Investors may not maintain class action against company for allegedly making false and misleading statements where statements constituted mere puffery.
Securities Dec. 17, 2014
Conservation Congress v. Finley
Environmental advocate fails to challenge Beaverslide Project in California by alleging violations of various environmental laws concerning threatened owl species.
Environmental Law Dec. 17, 2014
Gabriel v. Alaska Electrical Pension Fund
Retiree may recover surcharge from pension fund if he suffered loss resulting from breach of fiduciary duty by incorrectly paying him unearned benefits.
Employment Law Dec. 17, 2014
Cleveland National Forest Foundation v. San Diego Association of Governments
Environmental impact report that failed to analyze inconsistency between state’s greenhouse gas emissions reduction goals and proposed plan’s emissions impacts violates CEQA.
Environmental Law Dec. 17, 2014
Southern California Gas Co. v. Flannery
Trial court properly denies anti-SLAPP motion in interpleader action because interpleader faced threat of liability on competing claims to settlement funds.
Civil Procedure Dec. 17, 2014
Marina Pacifica Homeowners Association v. Southern California Financial Corp.
Assignee may collect assignment fee from condominium owners, which is not invalid, because fee fell under exemption from statutory definition of transfer fee.
Real Property Dec. 17, 2014
Kimble v. Marvel Enterprises, Inc.
Order
Dec. 16, 2014
Bullard v. Hyde Park Savings Bank, et al.
Order
Dec. 16, 2014
Harris v. Viegelahn
Order
Dec. 16, 2014
Toca v. Louisiana
Order
Dec. 16, 2014
J.P. v. Carlsbad Unified School District
School District is barred from enforcing six-month government claim presentation requirement where it prevented parents from filing claim within limitations period.
Torts Dec. 16, 2014
Dart Cherokee Basin Operating Co. LLC v. Owens
Class Action Fairness Act does not require notice of removal to include detailed proof that amount in controversy exceeds $5 million.
Civil Procedure Dec. 16, 2014
United States v. California
Order
Dec. 16, 2014
Heien v. North Carolina
Traffic stop does not violate Fourth Amendment although officer erroneously thought driver broke law for having only one working brake light.
Criminal Law and Procedure Dec. 16, 2014
Hickmon v. Holder
Order
Dec. 16, 2014
Stampone v. Fopma
Order
Dec. 16, 2014
Rashidi v. Moser
Doctor may not offset noneconomic damages awarded against him based on pre-trial settlement injured party received from another healthcare provider.
Torts Dec. 16, 2014
Abdisalan v. Holder
Board of Immigration Appeals’ mixed decision is not a final order of removal that triggers 30-day window in which petitioner must appeal.
Immigration Dec. 16, 2014
U.S. v. Garcia-Santana
Using contemporary sources methodology, conspiracy to commit burglary does not constitute aggravated felony that would render petitioner ineligible for removal relief.
Criminal Law and Procedure Dec. 16, 2014