| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B243396
|
Cann v. Stefanec
Athlete injured by weight dropped by teammate during mandatory weight training assumes risk of injury from dropped weight. |
Torts |
|
Jun. 24, 2013 | |
|
B241630
|
Leos v. Darden Restaurants Inc.
Although former employees were forced to sign arbitration agreements, arbitration provision is still enforceable because it is not overly harsh or one-sided. |
Employment Law |
|
Jun. 24, 2013 | |
|
C068747
|
Drake v. Pinkham
Daughter may not challenge mother’s will when she failed to sue before mother’s death, despite knowing of changes in will. |
Probate and Trusts |
|
Jun. 23, 2013 | |
|
B243107
|
John M., a Minor
Domestic violence between mother and father is enough to justify removing minor from parents' custody because of risk to minor’s physical and emotional health. |
Juveniles |
|
Jun. 23, 2013 | |
|
12-35816
|
Sanders County Republican Central Committee v. Fox
Lower court errs in prohibiting enforcement of entire statute where appellate court only found portions of statute to be unconstitutional. |
Civil Procedure |
|
Jun. 23, 2013 | |
|
12-50220
|
U.S. v. Hernandez-Meza
Defendant’s illegal entry conviction is vacated where court improperly allowed prosecution to fill in gaps it had left in its case, prejudicing defendant. |
Immigration |
|
Jun. 23, 2013 | |
|
H038640
|
M.P., a Minor
Appointment of guardian ad litem is necessary where mother, suffering from delusion, claimed that intruders raped her and her daughter on daily basis. |
Juveniles |
|
Jun. 23, 2013 | |
|
B243407
|
E.T., a Minor
Court errs in placing child with biological father with history of drug abuse, where father failed to show presumed father status. |
Juveniles |
|
Jun. 23, 2013 | |
|
10-35137
|
Alaska Rent-A-Car Inc. v. Avis Budget Group Inc.
Rental car company licensee may sue rental car company licensor for violating settlement agreement by operating rival company within licensed territory. |
Contracts |
|
Jun. 20, 2013 | |
|
G046899
|
People v. Rodriguez
Defendant may not be charged with murder and shooting inhabited dwelling after his previous two indictments for those crimes were dismissed. |
Criminal Law and Procedure |
|
Jun. 20, 2013 | |
|
S193493
|
Ceja v. Rudolph & Sletten Inc.
Decedent’s survivor may file wrongful death action as putative spouse where she held good faith belief in validity of marriage. |
Civil Procedure |
|
Jun. 20, 2013 | |
|
S192828
|
City of Los Angeles v. Superior Court (Engineers & Architects Association)
City employees who were forced to take furloughs due to fiscal emergency may arbitrate their dispute with city over grievances. |
Labor Law |
|
Jun. 20, 2013 | |
|
11-9540
|
Descamps v. U.S.
Defendant’s prior California burglary conviction does not qualify as predicate offense to enhance his sentence for felony in possession of firearm conviction. |
Criminal Law and Procedure |
|
Jun. 20, 2013 | |
|
12-133
|
American Express Co. v. Italian Colors Restaurant
Merchants may not file class action against credit card company after waiving right to do so, despite high costs of individually arbitrating. |
Business Law |
|
Jun. 20, 2013 | |
|
12-10
|
Agency for International Development v. Alliance for Open Society International Inc.
Requiring recipients to pledge allegiance to government’s policy of eradicating prostitution as condition of receiving funds to combat HIV/AIDS worldwide violates First Amendment. |
Constitutional Law |
|
Jun. 20, 2013 | |
|
10-56548
|
Dubrin v. People
Three-strikes offender may challenge constitutional validity of prior conviction, where he was assured by prosecutor and judge that conviction would not count as strike. |
Criminal Law and Procedure |
|
Jun. 20, 2013 | |
|
S210060
|
People v. Lucas
Order |
|
Jun. 20, 2013 | ||
|
S203747
|
People v. Mason
Order |
|
Jun. 20, 2013 | ||
|
S204410
|
People v. Almanza
Order |
|
Jun. 20, 2013 | ||
|
S206072
|
People v. Hernandez
Order |
|
Jun. 20, 2013 | ||
|
S207040
|
People v. Salas
Order |
|
Jun. 20, 2013 | ||
|
C068998
|
Burrill v. Nair
Defendant’s statements accusing doctor of dishonest and questionable professional conduct are per se defamatory and not subject to anti-SLAPP motion to strike. |
Civil Procedure |
|
Jun. 20, 2013 | |
|
B240477
|
Flores v. Chevron USA Inc.
Gas stations may require customers to submit their zip codes when making purchases with credit cards in order to prevent fraud. |
Business Law |
|
Jun. 20, 2013 | |
|
B239508
|
People v. Leath
Defendant who was charged with robbing three people at gunpoint may not suppress evidence after voluntarily relinquishing identification card to police officers. |
Criminal Law and Procedure |
|
Jun. 20, 2013 | |
|
A133591
|
People v. Nguyen
Defendant’s burglary conviction is upheld despite his intent to pay for laptop computers stuffed inside cheaper printer box by paying for price of printer. |
Criminal Law and Procedure |
|
Jun. 19, 2013 | |
|
G047244
|
Havasu Lakeshore Investments LLC v. Fleming
Law firm may represent company and nonmember with close ties to company in lawsuit against two members because their interests were not adverse. |
Attorneys |
|
Jun. 19, 2013 | |
|
12-30046
|
U.S. v. Sanchez-Aguilar
Defendant may be convicted of illegal reentry, even though government did not provide evidence he had been outside country following his latest conviction for same crime. |
Criminal Law and Procedure |
|
Jun. 19, 2013 | |
|
09-99007
|
Henry v. Ryan
Evidence suppressed at defendant’s murder trial did not violate his due process rights because evidence was more incriminating than exculpatory. |
Criminal Law and Procedure |
|
Jun. 19, 2013 | |
|
11-15960
|
Lemke v. Ryan
Double Jeopardy Clause does not bar retrial of defendant’s felony murder charge following jury’s prior acquittal on robbery charge underlying felony murder charge. |
Criminal Law and Procedure |
|
Jun. 19, 2013 | |
|
11-56370
|
Veltmann-Barragan v. Holder
Alien who is removable, but not subject to removal order, is not ‘in custody’ for purposes of obtaining habeas relief. |
Immigration |
|
Jun. 19, 2013 |