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Name Category Published
Hebberd-Kulow Enterprises Inc. v. Kelomar Inc.
In dispute where company refused to pay for shipments of agricultural supplies, court must view all evidence before interpreting parties’ contracts.
Contracts Jul. 26, 2013
Golinski v. U.S. Office of Personnel Management
Order
Jul. 26, 2013
Save the Plastic Bag Coalition v. County of Marin
Marin County's ban on single-use plastic bags and imposition of fee on paper bags does not require environmental review.
Environmental Law Jul. 26, 2013
Farmers Insurance Exchange v. Superior Court (Wilson)
Depublication of sole opinion relied on by trial court in granting class certification constitutes a change of law that warrants reconsideration of grant.
Civil Procedure Jul. 25, 2013
Mon Chong Loong Trading Corp. v. Superior Court (Cui)
Trial court may award expert witness fees under Code of Civil Procedure Section 998 after plaintiff declined offer and then voluntarily dismissed her action.
Civil Procedure Jul. 25, 2013
People v. McPheeters
Ex-boyfriend's stalking conviction is proper where his entire course of conduct toward his ex-girlfriend implied a credible threat to her.
Criminal Law and Procedure Jul. 25, 2013
Vitug v. Holder
Gay native and citizen of the Philippines may not be removed from U.S. where credible evidence shows he will likely suffer persecution if removed.
Immigration Jul. 25, 2013
Quin v. County of Kauai Dept. of Transportation
Plaintiff may proceed with her employment discrimination action, even though she filed for bankruptcy but failed to list the lawsuit in her bankruptcy schedules.
Bankruptcy Jul. 25, 2013
Fox Broadcasting Co. v. Dish Network LLC
Fox Broadcasting may not temporarily stop pay television provider from offering products that allow subscribers to record programs and skip commercials.
Intellectual Property Jul. 25, 2013
Estrada v. City of Los Angeles
Former LAPD volunteer police reserve officer may not sue City of Los Angeles for disability discrimination under Fair Employment and Housing Act.
Employment Law Jul. 25, 2013
In re Jesus G.
Minor detained in juvenile hall pending attainment of competency must be provided with adequate services.
Juveniles Jul. 25, 2013
Eucasia Schools Worldwide Inc. v. DW August Co.
Notice of inspection sent to lessee’s counsel does not violate lease notice provision where lessee emphatically stated that notice had to be given to counsel.
Real Property Jul. 25, 2013
Opinion of Harris (11-703)
Mobilehome park management is bound by same no-rental/no-subletting rules and regulations that are imposed on mobilehome owners.
Real Property Jul. 25, 2013
Brooktrails Township Community Services District v. Board of Supervisors of Mendocino County
According to voter initiative, utility district may not impose water and sewer base rates after discontinuation of services by property owners.
Real Property Jul. 25, 2013
People v. Culbert
Conviction for making criminal threat is upheld where defendant pulled unloaded firearm’s trigger while holding it to child’s head.
Criminal Law and Procedure Jul. 25, 2013
Bassene v. Holder
Citizen of Senegal's eligibility for asylum may not be based on mistakenly filed citizenship application, which did not elicit information about persecution.
Immigration Jul. 24, 2013
U.S. v. Jinian
CEO who defrauded employer for $1.5 million is guilty of wire fraud by use of communications between two California banks and Federal Reserve Bank in Dallas.
Criminal Law and Procedure Jul. 24, 2013
Meier v. Colvin
Plaintiff who was denied social security benefits is entitled to attorney fees because government denied benefits without substantial justification.
Government Jul. 24, 2013
State of Alaska v. Lubchenco
National Marine Fisheries Service may limit commercial fishing in Pacific Ocean off Alaska inhabited by endangered sea lions based on data from sub-regions.
Environmental Law Jul. 24, 2013
Coker v. JP Morgan Chase Bank N.A.
Anti-deficiency protection applies to borrower after she sold residence to third party for price less than outstanding loan balance, with lender’s approval.
Real Property Jul. 24, 2013
Williams v. Chino Valley Independent Fire District
In employment discrimination case, prevailing defendant may recover ordinary litigation costs even if plaintiff’s lawsuit was not frivolous, groundless, or unreasonable.
Employment Law Jul. 24, 2013
Avery v. Integrated Healthcare Holdings Inc.
Employees may arbitrate class claims against employer where employer revised policy to waive such claims after action had already been filed.
Employment Law Jul. 24, 2013
The H.N. and Frances C. Berger Foundation v. Perez
Property owner may not sue to enforce improvement agreements where it was only incidental beneficiary of agreements, not party to them.
Real Property Jul. 24, 2013
The Federated University Police Officers Association v. Superior Court (Los Angeles Times Communications LLC)
Police officers' labor union may not prevent disclosure of names of officers in report related to investigation of UC Davis pepper spraying incident.
Government Jul. 24, 2013
People v. Cottone
Jury instructions on whether defendant appreciated wrongfulness of conduct are not necessary when prosecution introduces evidence that defendant committed sexual abuse as child.
Criminal Law and Procedure Jul. 23, 2013
Nickolas T., a Minor
Child who was removed from custody of aunt is not placed with mother, who requested custody, because mother condoned aunt's physical abuse of child.
Juveniles Jul. 23, 2013
U. S. v. Bell
Order
Jul. 23, 2013
California Sportfishing Protection Alliance v. Chico Scrap Metal Inc.
Citizen group may file suit to enforce scrap metal company's compliance with storm water permits despite district attorney's prior proceedings against company.
Environmental Law Jul. 23, 2013
United States v. Pyramid Lake Paiute Tribe of Indians
Due to effect of ‘gauge errors,’ court orders recalculation of water flow diverted to Pyramid Lake for tribal use and irrigation.
Native American Affairs Jul. 23, 2013
U.S. v. Clement
Mandatory minimums in Fair Sentencing Act of 2010 do not apply to 18 U.S.C. Section 3582(c)(2) proceedings to defendants sentenced before Act was enacted.
Criminal Law and Procedure Jul. 23, 2013