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Name Category Published
Farmer v. McDaniel
Order 		Sep. 6, 2012
Lavan v. City of Los Angeles
City may not destroy homeless persons' unabandoned property, which is left on public sidewalks, according to Fourth Amendment. 		Civil Rights Sep. 6, 2012
S.M., a Minor
When figuring out parent's ability to pay legal costs, juvenile court may not consider parent's Social Security Income benefits. 		Juveniles Sep. 6, 2012
People v. Mendez
Defendant cannot appeal court's denial of his motion to reduce restitution fine when the reason for the denial was a lack of jurisdiction. 		Criminal Law and Procedure Sep. 6, 2012
Flores v. Lamps Plus Inc.
Dispute over meal and rest breaks cannot move forward as class action because individual issues of employees predominated over common issues. 		Employment Law Sep. 6, 2012
Bell v. H.F. Cox Inc.
ERISA preempts state law action for unpaid vacation only if employer maintains separate account for payment of vacation benefits. 		Employment Law Sep. 6, 2012
Autotel v. Nevada Bell Telephone Co.
Because telephone carriers have existing arrangement, already existing carrier does not have to provide competing carrier with requested pricing. 		Government Sep. 5, 2012
Price v. Stevedoring Services of America Inc.
In calculating how much interest on disability benefits longshoreman is entitled to, judge incorrectly applies simple interest rate. 		Maritime Law Sep. 5, 2012
Sanchez-Avalos v. Holder
Although alien was convicted of sexual battery under California law, he should not have been deemed inadmissible. 		Immigration Sep. 5, 2012
Dennis v. Kellogg Co.
Class action settlement improperly funds charities devoted to feeding the poor, when lawsuit was not related to that goal. 		Civil Procedure Sep. 5, 2012
Wood v. Beauclair
When prisoner alleges sexual abuse by prison guard, state, rather than prisoner, has to prove that conduct was not consensual. 		Prisoners Rights Sep. 5, 2012
Halajian v. D & B Towing
Towing company’s withholding of vehicle is not wrongful because driver’s license and automobile registration requirements do not violate right to travel. 		Constitutional Law Sep. 5, 2012
People v. Lopez
Sentence of seven years for conviction for attempting to dissuade witness for benefit of gang is improper because defendant did not threaten force. 		Criminal Law and Procedure Sep. 5, 2012
Pacific Bell Telephone Co. v. Southern California Edison Co.
Privately owned electricity company must pay for damage caused to telephone cables after bird collided with company's power lines. 		Real Property Sep. 4, 2012
Standard Fire Insurance Company v. Knowles
Order 		Sep. 4, 2012
Descamps v. United States
Is government required to prove defendant's prior violent felony convictions beyond reasonable doubt in order to impose sentencing enhancement? 		Sep. 4, 2012
D.G., a Minor
Stepfather engages in sexual abuse of minor when he propositioned child for sex but did not physically touch her. 		Juveniles Sep. 4, 2012
Gale v. First Franklin Loan Services
Under Truth in Lending Act, only servicers who are also assignees of loans may be liable for failing to respond to inquiries of obligors. 		Banking Sep. 4, 2012
Corpuz v. Holder
BIA improperly calculates ‘term of imprisonment’ for purpose of determining eligibility for relief by including entire period of petitioner's civil confinement. 		Immigration Sep. 4, 2012
U.S. Auto Parts Network Inc. v. Parts Geek LLC
Company may own copyright in modified portion of software where employee changed software during employment for company's purposes. 		Intellectual Property Sep. 4, 2012
Davis v. HSBC Bank Nevada N.A.
Retail store effectively discloses credit card’s annual fee in online application when ‘terms and conditions’ stated that fee would be charged. 		Business Law Sep. 4, 2012
U.S. v. Guerrero
Appellate court may not review lower court's order, which denied sealed competency hearing, because matter can be reviewed later after trial. 		Criminal Law and Procedure Sep. 4, 2012
Danielson v. Flores (In re Flores)
Bankruptcy court is mistaken in not allowing debtors to confirm 36-month plan of reorganization because shorter Chapter 13 plans are allowed. 		Bankruptcy Sep. 4, 2012
Burnham v. California Public Employees' Retirement System (Honeyman)
Woman is not entitled to CalPERS member's pension survivor benefits because she presented her declaration of domestic parternship after his death. 		Family Law Sep. 4, 2012
Plotnik v. Meihaus
Dog owner may recover damages for emotional distress in trespass to chattel claim after neighbor intentionally hit dog with baseball bat. 		Torts Sep. 4, 2012
Reyes v. Liberman Broadcasting Inc.
Employer that did not assert right to compel arbitration for months does not waive right where it acted consistently with its rights. 		Civil Procedure Sep. 4, 2012
JCC Development Corp. v. Levy
Default interest rate in promissory note is not triggered where rate was part of acceleration clause and note had already matured. 		Contracts Sep. 4, 2012
Cunningham v. Magidow
Corporation’s owner may not force other owner to acknowledge that his prior loan to corporation satisfied judgment against him. 		Corporations Sep. 4, 2012
Farmers New World Life Insurance Co. v. Rees
Insurance company gets attorney fees after successfully filing action in dispute over life insurance benefits for man, who was suspected of killing his wife. 		Insurance Sep. 4, 2012
Kallis v. Sones
Neighbor must pay full cost of restoration after cutting down tree that rested on shared property line. 		Real Property Aug. 31, 2012
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