| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B234368
|
Garrett v. Howmedica Osteonics Corp.
Metallurgist’s declaration that prosthetic device was softer than ‘minimum required hardness’ creates triable issues of fact as to whether prosthesis was defective. |
Torts |
|
Nov. 27, 2012 | |
|
12-1093
|
Diener v. McBeth (In re Diener)
In bankruptcy case, retirement funds awarded to wife in divorce do not qualify for spousal support exemption based on marital settlement agreement. |
Bankruptcy |
|
Nov. 26, 2012 | |
|
10-15633
|
Miles v. Martel
Order |
|
Nov. 26, 2012 | ||
|
09-99004oo
|
Stokley v. Ryan
Order |
|
Nov. 26, 2012 | ||
|
11-35580
|
Ruiz-Diaz v. United States
Justice Dept. may continue to require non-citizen religious workers to wait for approval of their employers’ sponsorship petitions before applying for visas. |
Immigration |
|
Nov. 26, 2012 | |
|
B232583
|
Franco v. Arakelian Enterprises Inc.
Employee is not required to arbitrate overtime pay claims when arbitration is inappropriate for purpose of vindicating his unwaivable statutory rights. |
Employment Law |
|
Nov. 26, 2012 | |
|
E055690
|
People v. Johnson
Defendant may not set aside domestic violence charges based on early termination of his probation after his repeated failure to attend batterer’s program. |
Criminal Law and Procedure |
|
Nov. 23, 2012 | |
|
S205426
|
Taylor v. S.C. (People)
Order |
|
Nov. 23, 2012 | ||
|
S205145
|
People v. Diaz
Order |
|
Nov. 23, 2012 | ||
|
11-70649
|
Stephens v. U.S. Railroad Retirement Board
Unsuccessful attempts at gainful employment do not foreclose disability claim filed by railroad worker’s disabled son under Railroad Retirement Act. |
Government |
|
Nov. 23, 2012 | |
|
10-16881
|
Pouncil v. Tilton
Muslim inmate's lawsuit alleging prison's denial of his conjugal visit requests interfered with his practice of Islam advances as timely. |
Prisoners Rights |
|
Nov. 23, 2012 | |
|
11-30150
|
U.S. v. Manning
Sentence for felon who possessed firearm is properly increased because he obstructed justice by lying to officer, skipping hearing, and fleeing to Mexico. |
Criminal Law and Procedure |
|
Nov. 23, 2012 | |
|
H032750
|
City of Santa Maria v. Adam
Farmers are entitled to court confirmation of their overlying rights to native groundwater regardless of quantities pumped in the past. |
Real Property |
|
Nov. 23, 2012 | |
|
09-17311
|
Minority Television Project, Inc. v. Federal Communications Commission
Order |
|
Nov. 23, 2012 | ||
|
B236738
|
People v. Nocelotl
Kidnapper cannot withdraw plea after mistakenly believing he would be sentenced based on psychological reports, rather than warden's unfavorable report. |
Criminal Law and Procedure |
|
Nov. 21, 2012 | |
|
A128544
|
Filbin v. Fitzgerald
Attorney prevails in case filed by disgruntled former clients after settlement of litigation when they failed to show attorney’s mistake caused them to settle for less. |
Attorneys |
|
Nov. 21, 2012 | |
|
D060849
|
Douglas E. Barnhart Inc. v. CMC Fabricators Inc.
Subcontractor may recover attorney fees from contractor after proving they never entered into contract following submission of bid. |
Contracts |
|
Nov. 21, 2012 | |
|
B233512
|
Monarrez v. Automobile Club of Southern California
Auto Club may be liable for injuries suffered by motorist who was struck while receiving roadside assistance from tow truck company. |
Torts |
|
Nov. 21, 2012 | |
|
12-236
|
Sebelius v. Cloer
Order |
|
Nov. 21, 2012 | ||
|
C068120
|
Singh v. Davi
Former police officer is entitled to real estate broker’s license despite his prior misdemeanor conviction for theft by false pretenses. |
Real Property |
|
Nov. 21, 2012 | |
|
10-50114
|
U.S. v. Wiggan
Technician's conviction for perjury in connection with wiretapping conspiracy is overturned because grand jury foreperson was allowed to testify regarding her credibility. |
Criminal Law and Procedure |
|
Nov. 21, 2012 | |
|
D060457
|
People v. Barba
Forgers may be guilty of using another’s personal information to cash stolen checks, even if they did not impersonate anyone during scheme. |
Criminal Law and Procedure |
|
Nov. 21, 2012 | |
|
12-123
|
Horne v. Dept. of Agriculture
Order |
|
Nov. 21, 2012 | ||
|
B235415
|
People v. Hawkins
Suspect who gave written search consent cannot appeal dismissal motion on hearsay grounds where he did not raise issue with trial court. |
Criminal Law and Procedure |
|
Nov. 21, 2012 | |
|
E052612
|
People v. Moncada
Man is convicted of killing infant son by pushing him into couch until he stopped breathing, even though son died eight years later of complications. |
Criminal Law and Procedure |
|
Nov. 21, 2012 | |
|
D058988
|
People v. Jackson
Operator of medical marijuana dispensary, who cultivated marijuana for 1,600 members of collective, is entitled to defense under Medical Marijuana Program Act. |
Criminal Law and Procedure |
|
Nov. 21, 2012 | |
|
08-15634
|
U.S. v. Jingles
Previous appellate court panel’s ruling on variance on direct appeal precludes review of petitioner’s constructive amendment claim. |
Criminal Law and Procedure |
|
Nov. 20, 2012 | |
|
A135747
|
Darling v. Superior Court (Western Pacific Housing Inc.)
Builder may halt construction defect lawsuit and withhold requested documents where homeowner failed to serve builder with prelitigation notice of complaint. |
Real Property |
|
Nov. 20, 2012 | |
|
S185457
|
City of Alhambra v. County of Los Angeles
Los Angeles County may not impose disputed property tax administration fees using tax revenue that was diverted by 2004 budgetary measures. |
Taxation |
|
Nov. 20, 2012 | |
|
S191341
|
People v. Sanders
Defendant’s simultaneous possession of two firearms supports multiple convictions based on different statutes, but not separate punishment for violating same statute. |
Criminal Law and Procedure |
|
Nov. 20, 2012 |