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Name Category Published
Griffith v. City of Santa Cruz
State Housing Law does not preempt city’s ordinance, which called for annual inspections of all residential rental properties within city limits.
Real Property Jul. 17, 2012
Wilson v. Hynek
Plaintiff’s claim for unfair competition is unavailing where he fails to even allege that defendants’ wrongdoing could meet ‘unfairness test.’
Real Property Jul. 17, 2012
Opinion of Harris (11-401)
Term served prior to effective date of local initiative term-limit ordinance may not be counted against term limit imposed by that ordinance.
Government Jul. 17, 2012
Michael Leslie Productions Inc. v. City of Los Angeles
Appellate court lacks authority to substitute judicial discretion for city’s decision to self-operate golf-cart concession at city-operated public golf courses.
Government Jul. 17, 2012
Robles v. Employment Development Dept.
Terminated employee is not disqualified for unemployment compensation benefits because his attempt to buy shoes for friend was not misconduct.
Employment Law Jul. 17, 2012
Dennis v. Kellogg Co.
Class action settlement that distributes remaining funds to charities is not proper under cy pres doctrine because goal of feeding indigent had nothing to do with underlying lawsuit.
Civil Procedure Jul. 16, 2012
Y.M., a Minor
Federal laws pertaining to child victims of human sexual trafficking do not preempt state dependency law.
Juveniles Jul. 16, 2012
O.P., a Minor
Special jury instruction, which permitted finding of current dangerousness based on charges filed against juvenile and incompetence to stand trial, violates due process.
Juveniles Jul. 16, 2012
People v. Beard
Three-year enhancement for prior narcotics conviction is not subject to one-third limit because enhancement did not relate to circumstances of crime.
Criminal Law and Procedure Jul. 16, 2012
Sateriale v. R.J. Reynolds Tobacco Co.
Customer loyalty program members adequately allege existence of offer to enter into unilateral contract where company promised to provide rewards to customers.
Contracts Jul. 16, 2012
Ginsberg v. Northwest Inc.
Airline Deregulation Act does not preempt contract claim based on doctrine of good faith and fair dealing.
Contracts Jul. 16, 2012
Travelers Property Casualty Co. of America v. Charlotte Russe Holding Inc.
Summary judgment based on absence of duty to defend is improper where there was potential for coverage for product disparagement in underlying claim.
Insurance Jul. 16, 2012
People v. Pena
Trial court's exclusion of family members from trial is valid where it prevented delay and protected interests of defendants.
Criminal Law and Procedure Jul. 16, 2012
People v. Nishi
Warrantless search of campsite does not violate Fourth Amendment where defendant had no legitimate expectation of privacy when he was not lawfully on premises.
Criminal Law and Procedure Jul. 16, 2012
Collins v. Union Pacific Railroad Co.
Plaintiff may recover under both workers’ compensation and Federal Employers’ Liability Act for damages where ‘special employment’ with railroad company is established.
Workers' Compensation Jul. 13, 2012
People v. Bailey
Appellate court cannot modify escape conviction to attempt to escape where jury was not instructed on specific intent element.
Criminal Law and Procedure Jul. 13, 2012
Villa v. Superior Court (People)
Order
Jul. 13, 2012
People v. Burch
Order
Jul. 13, 2012
McWilliams v. City of Long Beach
Order
Jul. 13, 2012
People v. Williams
Order
Jul. 13, 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 Jul. 13, 2012
Brennan v. Concord EFS Inc.
Automated teller machine cardholders lack standing to seek damages for alleged antitrust violations by banks because cardholders are indirect purchasers and could not show conspiracy to set fees.
Antitrust Jul. 13, 2012
Michelman v. Lincoln National Life Insurance Co.
Stakeholder must have good faith belief that colorable competing claims exist to avail itself of interpleader remedy.
Civil Procedure Jul. 13, 2012
F.D., a Minor
Juvenile disposition is valid in case where prosecutor declines to try minor as adult when court imposed probation and time-served confinement.
Juveniles Jul. 13, 2012
J.L., a Minor
Petition declaring juvenile ward of court cannot be sustained on more than one count for single incident of aggravated assault under Penal Code Section 245.
Juveniles Jul. 13, 2012
Nelson v. City of Davis
Police officers are not entitled to qualified immunity in case where officers fired pepperballs into crowd of partygoers, who posed no visible threat.
Civil Rights Jul. 12, 2012
Moe v. Anderson
Victims are properly joined in lawsuit against employer because claims arose from negligent hiring and supervision of employee.
Torts Jul. 12, 2012
City of Hayward v. Board of Trustees of the California State University
Environmental impact report for master plan to expand university's physical capacity is generally adequate, but fails to meaningfully analyze impact on neighboring parkland.
Environmental Law Jul. 12, 2012
SASCO v. Rosendin Electric Inc.
Under Uniform Trade Secrets Act, attorney fees are correctly awarded where bad faith trade secret misappropriation claim was based on mere speculation.
Intellectual Property Jul. 12, 2012
People v. Yuksel
For purposes of statute targeting adults who arrange sexually illicit meetings with minors, jury instruction stating that 'child' is person under age of 18 is correct.
Criminal Law and Procedure Jul. 12, 2012