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Name Category Published
Pom Wonderful LLC v. Hubbard
District court improperly denies Pom Wonderful LLC’s request for preliminary injunction over use of ‘POM’ mark due to mistaken likelihood-of-success determination.
Intellectual Property Dec. 31, 2014
Los Angeles Police Protective League v. City of Los Angeles
Police organization lacks standing to challenge Los Angeles Police Dept.’s policy regarding impounding of vehicles because policy does not conflict with Vehicle Code.
Government Dec. 30, 2014
Mann v. Ryan
Prisoner is entitled to habeas relief where state court applied wrong standard in assessing prejudice due to counsel’s allegedly defective performance during sentencing.
Criminal Law and Procedure Dec. 30, 2014
Sullivan v. Harnisch (In re Sullivan)
Debtor’s bankruptcy filing is not made in bad faith although debtor filed it shortly after state court entered judgment against him.
Bankruptcy Dec. 29, 2014
Nick v. City of Lake Forest (7-Eleven Inc.)
City may allow 7-Eleven store to obtain liquor license even though it does not offer anything unique from nearby store already selling alcohol.
Business Law Dec. 26, 2014
Ruiz v. Moss Bros. Auto Group Inc.
Failure to authenticate electronic signature on arbitration agreement that employee did not recall signing is adequate ground for denying petition to compel arbitration.
Employment Law Dec. 26, 2014
Treichler v. Commissioner of Social Security Administration
Administrative law judge’s adverse credibility finding regarding claimant’s application for disability benefits is overturned because it lacked discussion supporting finding.
Administrative Agencies Dec. 26, 2014
Pittsburg Unified School District v. S.J. Amoroso Construction Co. Inc.
School District may withdraw retained funds held in escrow for construction project following contractor’s default.
Contracts Dec. 24, 2014
People v. Franco
Trial court may, but is not required to, obtain supplemental probation report in determining whether resentencing inmate would pose danger to public safety.
Criminal Law and Procedure Dec. 24, 2014
Tabarrejo v. Superior Court (Princess Retirement Homes Inc.)
Trial court retains jurisdiction over suspended corporation’s timely appeal, and must disburse undertaking to former employee despite corporation’s suspended status.
Corporations Dec. 24, 2014
Mesa Shopping Center-East LLC v. Hill
Plaintiff may not voluntarily dismiss state action against defendant after arbitral claims had been submitted and decided in favor of defendant.
Contracts Dec. 24, 2014
Lappe v. Superior Court (Lappe)
Financial disclosure declarations that spouses must exchange during divorce proceedings are not subject to mediation confidentiality.
Family Law Dec. 23, 2014
Leslie O. v. Superior Court (Thomas O.)
Trial court should have granted mother’s request to have child custody evaluator removed because record was replete with evidence of evaluator’s bias against mother.
Family Law Dec. 23, 2014
People v. Losa
Trial court properly denies third strike offender’s resentencing petition because equal protection does not require proof beyond reasonable doubt on dangerousness.
Criminal Law and Procedure Dec. 23, 2014
In re Schwartz-Tallard
Order
Dec. 23, 2014
Institute of Cetacean Research v. Sea Shepherd Conservation Society
Sea Shepherd US violates injunction by assisting foreign-led entities in continuing efforts to disrupt whaling activities of Japanese research foundation in high seas.
Environmental Law Dec. 23, 2014
Salus Mundi Foundation v. Commissioner of Internal Revenue
Transferee may be held liable for unpaid taxes arising from sale of company assets allegedly effectuated by series of fraudulent conveyances.
Taxation Dec. 23, 2014
Hardy v. America’s Best Home Loans
Doctrine of collateral estoppel does not bar homeowner’s state action against lender although prior federal action involving same parties, claims was dismissed.
Real Property Dec. 23, 2014
San Luis & Delta-Mendota Water Authority v. Locke
National Marine Fisheries Service’s use of raw salvage data to support actions regulating negative flows of Central Valley rivers is neither arbitrary nor capricious.
Environmental Law Dec. 23, 2014
City of South San Francisco v. Board of Equalization
Local sales tax may not be imposed on transactions involving out of state goods, because state use tax applied to those transactions.
Taxation Dec. 22, 2014
Danko v. O’Reilly
In terminated attorney’s suit against law firm, trial court properly amends judgment to add manipulative attorney as judgment debtor on alter ego theory.
Corporations Dec. 22, 2014
McGill v. Citibank N.A.
Consumer class action against Citibank N.A. must proceed to arbitration, including claims for injunctive relief for alleged consumer law violations.
Business Law Dec. 22, 2014
Daugherty v. Daugherty
Father’s derivative disability benefits do not count as income for purposes of calculating father's child support obligations.
Family Law Dec. 22, 2014
Van Horn v. Dept. of Toxic Substances Control
Agency’s procedure for challenging lien placed on real property for hazardous substances cleanup violates due process.
Administrative Agencies Dec. 22, 2014
U.S. v. Alvarado-Pineda
Noncitizen is ineligible for removal relief because theft conviction in Washington, coupled with 14-month sentence, constitutes aggravated felony.
Criminal Law and Procedure Dec. 22, 2014
People v. Noyan
Sentencing scheme applicable to persons bringing contraband to custodial facility violates equal protection because it imposed unequal sentence depending on type of contraband.
Criminal Law and Procedure Dec. 19, 2014
Judge v. Nijjar Realty Inc.
Employee’s appeal is dismissed as nonappealable because order vacating arbitrator’s construction ‘award’ is not final award resolving all disputes.
Employment Law Dec. 19, 2014
People v. Payne
Three strikes offender’s resentencing petition is properly denied because preponderance of evidence showed he posed unreasonable risk of danger to public.
Criminal Law and Procedure Dec. 19, 2014
Stephens & Stephens XII LLC v. Fireman’s Fund Insurance Co.
Insured is entitled to conditional award of repair costs against insurer for damages sustained on insured’s building although insurer has not made any repairs.
Insurance Dec. 19, 2014
Raceway Ford Cases
Order
Dec. 19, 2014