| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
A132915
|
People v. Harrison
Trial court has no duty to inform defendant of his option to request advisory counsel after granting his request to represent himself. |
Criminal Law and Procedure |
|
Apr. 19, 2013 | |
|
B242002
|
Hyundai Securities Co. Ltd. v. Lee
Hyundai fails to file proper superior court action in order to enforce securities fraud judgment obtained in Korean courts against its former CEO. |
International Law |
|
Apr. 19, 2013 | |
|
B236269
|
People v. McCall
Unlicensed student midwife is properly convicted of practicing medicine without certification, a felony, because she delivered child without supervision. |
Criminal Law and Procedure |
|
Apr. 19, 2013 | |
|
S200158
|
People v. Clancey
Trial court must resolve ambiguity as to whether its indicated sentence was appropriate punishment, regardless of whether guilt was secured by plea or trial. |
Criminal Law and Procedure |
|
Apr. 19, 2013 | |
|
11-1233
|
Roth v. Educational Credit Management Corp. (In re Roth)
Bankrupt former student is entitled to hardship discharge of her student loan debt despite her lack of efforts to renegotiate her loans or obtain forbearance. |
Bankruptcy |
|
Apr. 18, 2013 | |
|
11-1425
|
Missouri v. McNeely
In drunken-driving cases, absent other factors, natural metabolization of alcohol in bloodstream does not justify warrantless nonconsensual blood tests. |
Criminal Law and Procedure |
|
Apr. 18, 2013 | |
|
10-1491
|
Kiobel v. Royal Dutch Petroleum Co.
Federal courts cannot hear Nigerian nationals’ allegations that foreign oil companies cooperated with Nigerian military to suppress environmental protests. |
Torts |
|
Apr. 18, 2013 | |
|
11-55016
|
Makaeff v. Trump University LLC
Trump University, which offered to teach Donald Trump’s real estate 'success secrets,' must prove malice before suing former student for defamation. |
Torts |
|
Apr. 18, 2013 | |
|
07-15982
|
MHC Financing Limited Partnership v. City of San Rafael
Although value of mobilehome park was seriously diminished due to city’s rent control ordinance, city's regulation does not amount to unconstitutional taking. |
Constitutional Law |
|
Apr. 18, 2013 | |
|
11-15599
|
Petzschke v. Century Aluminum Co.
Purchasers of aftermarket shares of stock cannot sue company because they failed to adequately allege purchases were traceable to secondary offering. |
Securities |
|
Apr. 18, 2013 | |
|
B238949
|
People v. Pellecer
Defendant's conviction for carrying concealed knives on his person is improper because his knives were inside his backpack, not on his body. |
Criminal Law and Procedure |
|
Apr. 18, 2013 | |
|
B236150
|
Maureen K. v. Tuschka
Anesthesiologist's refusal to perform medically necessary surgery on HIV-positive patient constitutes discrimination in violation of Unruh Civil Rights Act. |
Civil Rights |
|
Apr. 18, 2013 | |
|
D060906
|
Kleveland v. Siegel & Wolensky LLP
Attorneys are sanctioned for filing frivolous appeal where plaintiff demonstrated that attorneys filed meritless petition for sole purpose of forcing settlement. |
Civil Procedure |
|
Apr. 18, 2013 | |
|
B243650
|
Travelers Property Casualty Co. of America v. Superior Court (Braum)
Investor may not recover under insurance policy with clear limitation providing that policy did not cover losses incurred while property was vacant. |
Insurance |
|
Apr. 18, 2013 | |
|
11-1285
|
US Airways Inc. v. McCutchen
Under ERISA plan, injured employee must reimburse employer for medical expenses paid on his behalf because employee settled with negligent driver. |
Employment Law |
|
Apr. 17, 2013 | |
|
11-1059
|
Genesis Healthcare Corp. v. Symczyk
Collective action under Fair Labor Standards Act may not continue because plaintiff’s individual claim became moot after she ignored employer’s offer to settle. |
Employment Law |
|
Apr. 17, 2013 | |
|
12-56734
|
Rodriguez v. Robbins
Class of non-citizen aliens, who challenged prolonged detentions, obtains preliminary injunction requiring government to provide individualized bond hearings. |
Immigration |
|
Apr. 17, 2013 | |
|
10-56515
|
Wige v. City of Los Angeles
After acquittal for attempted murder, defendant may sue city for civil rights violations based on evidence that arresting officer falsely testified at preliminary hearing. |
Civil Rights |
|
Apr. 17, 2013 | |
|
11-16228
|
Associated General Contractors of America San Diego Chapter Inc. v. California Dept. of Transporation
Caltrans' affirmative action program does not unconstitutionally provide race- and sex-based preferences on federally assisted transportation contracts. |
Constitutional Law |
|
Apr. 17, 2013 | |
|
11-50353
|
U.S. v. Trujillo
Court must address non-frivolous arguments that defendant presented in support of his motion to lower his sentence for drug-related offense. |
Criminal Law and Procedure |
|
Apr. 17, 2013 | |
|
11-55927
|
Cameron v. Craig
Woman who was accused of making unlawful credit card purchases may sue officers for use of 'SWAT-like' tactics in searching home. |
Civil Rights |
|
Apr. 17, 2013 | |
|
B239916
|
Sabey v. City of Pomona
Attorney may not advise city council regarding arbitration award when another attorney in the same firm represented city's police department at arbitration. |
Attorneys |
|
Apr. 17, 2013 | |
|
12-605
|
Opinion of Harris
Police officers' association may sue charter city as to whether city sufficiently met and conferred with association before placing measure on ballot. |
Labor Law |
|
Apr. 17, 2013 | |
|
G043999
|
Kurtin v. Elieff
New trial is required where jury rendered inconsistent verdicts on issue of liability for breach of agent's warranty of authority. |
Civil Procedure |
|
Apr. 17, 2013 | |
|
B240052
|
Hamilton Court LLC v. East Olympic LP
Easement on commercial real property does not terminate even if record title to separate properties were both held by tenants in common. |
Real Property |
|
Apr. 17, 2013 | |
|
A132741
|
Scott v. JPMorgan Chase Bank N.A.
In dispute over loan default, court properly considers facts in contract between government and bank because contract constituted official act of government. |
Real Property |
|
Apr. 17, 2013 | |
|
A135593
|
Golden Gate Land Holdings LLC v. East Bay Regional Park District
Agency may proceed with eminent domain proceedings concerning state park and bay trail project prior to completion of environmental report. |
Environmental Law |
|
Apr. 16, 2013 | |
|
S192536
|
People v. Anzalone
While trial court committed error by not asking jury whether they agreed upon verdict before reading it, error is harmless because verdict was unanimous. |
Criminal Law and Procedure |
|
Apr. 16, 2013 | |
|
12-539
|
USPPS, Ltd. v. Avery Dennison Corp., et al.
Order |
|
Apr. 16, 2013 | ||
|
12-729
|
Heimeshoff v. Hartford Life Insurance, et al.
Order |
|
Apr. 16, 2013 |