| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
F063590
|
Greyhound Lines Inc. v. Dept. of the California Highway Patrol
California Highway Patrol is not liable for accident involving bus that hit disabled SUV despite operator's failure to include lane blockage information in accident report. |
Torts |
|
Feb. 15, 2013 | |
|
10-15501
|
Wagner v. County of Maricopa
Statements offered to establish decedent's state of mind are admissible where they were not offered to prove truth of underlying memory or belief. |
Civil Procedure |
|
Feb. 14, 2013 | |
|
09-71571
|
Henriquez-Rivas v. Holder
Asylum seeker establishes membership in ‘particular social group’ as person who testified in criminal trial against gang members involved in her father’s murder. |
Immigration |
|
Feb. 14, 2013 | |
|
08-56567
|
Patel v. City of Los Angeles
Order |
|
Feb. 14, 2013 | ||
|
C064531
|
People v. Whitaker
Premeditated murder convictions are upheld despite initial dismissal following trial court’s delay in swearing in jury due to prosecution witness problems. |
Criminal Law and Procedure |
|
Feb. 14, 2013 | |
|
S026634
|
People v. Watkins
Open voir dire of convicted murderer, who shot hotel guest, is proper where he had opportunity to question jurors both openly and in private. |
Criminal Law and Procedure |
|
Feb. 14, 2013 | |
|
B243469
|
Marriage of P.
In case involving termination of parental rights, father forfeits contentions involving social worker’s investigation and report by not raising issues in trial court. |
Family Law |
|
Feb. 14, 2013 | |
|
S203026
|
Ralphs Grocery Company v. Missionary Church of the Disciples of Jesus Christ
Order |
|
Feb. 14, 2013 | ||
|
S207799
|
People v. Coronel
Order |
|
Feb. 14, 2013 | ||
|
A134019
|
Jolley v. Chase Home Finance LLC
Borrower may pursue breach of contract and related claims against bank in construction loan dispute after bank purchased loan commitments from failed bank. |
Banking |
|
Feb. 13, 2013 | |
|
A133202
|
Guerrero v. Superior Court (Weber)
County improperly fails to pay wages to in-home support services provider where ‘economic reality of work relationship’ showed employer-employee relationship. |
Employment Law |
|
Feb. 13, 2013 | |
|
10-36125
|
Bylsma v. Burger King Corp.
Customer may sue Burger King after its employees served him hamburger tainted with saliva, even if he did not suffer physical injury or consume food. |
Torts |
|
Feb. 13, 2013 | |
|
11-55577
|
Dichter Mad Family Partners LLP v. United States
Investors' lawsuit against SEC for negligence in relation to Madoff Ponzi scheme fails because action arose from discretionary acts of federal officers. |
Securities |
|
Feb. 13, 2013 | |
|
12-30016
|
U.S. v. May
Restitution order incorrectly includes expenses U.S. Postal Service incurred during policy change to avert mail thefts where defendants committed theft before policy change. |
Criminal Law and Procedure |
|
Feb. 13, 2013 | |
|
12-1122
|
Black v. Bonnie Springs Family Ltd. Partnership (In re Black)
Debts arising from state court judgment for abuse of process are excepted from discharge because debtors willfully committed acts leading to judgment. |
Bankruptcy |
|
Feb. 13, 2013 | |
|
B233318
|
Save Cuyama Valley v. County of Santa Barbara (Troesh Materials Inc.)
County of Santa Barbara properly grants company's application for conditional use permit to begin sand and gravel mining in Cuyama River. |
Environmental Law |
|
Feb. 12, 2013 | |
|
A135901
|
Marriage of Hibbard
Husband who became disabled following separation from wife due to post-traumatic stress disorder may not modify spousal support obligation due to prior agreement. |
Family Law |
|
Feb. 12, 2013 | |
|
10-16533
|
Padgett v. Loventhal
District court must explain how it reduced partially victorious civil rights plaintiff's request for $3.2 million in attorney fees and $900,000 in costs. |
Civil Rights |
|
Feb. 12, 2013 | |
|
G046241
|
Acquire II Ltd. v. Colton Real Estate Group
Real estate group may be able compel arbitration of investors’ claims, even if only some had arbitration provisions in their governing documents. |
Real Property |
|
Feb. 12, 2013 | |
|
B237818
|
Fortman v. Forvaltningsbolaget Insulan AB
Sister may not sue manufacturer of scuba diving equipment that caused brother’s death because she did not realize equipment caused injury during accident. |
Torts |
|
Feb. 11, 2013 | |
|
11-15588
|
Reed v. Town of Gilbert, Arizona
Town's restrictions on church's signs, which invited others in community to attend services, do not unconstitutionally discriminate between forms of noncommercial speech. |
Constitutional Law |
|
Feb. 11, 2013 | |
|
11-30337
|
U.S. v. Petri
Identity thief receives five-year sentence for his active role in ATM skimming scheme that victimized more than 300 individuals and garnered more than $276,836. |
Criminal Law and Procedure |
|
Feb. 11, 2013 | |
|
11-35319
|
Ford v. City of Yakima
Driver who was arrested for being uncooperative during traffic stop may sue police officers for booking him in retaliation for exercising his freedom of speech. |
Civil Rights |
|
Feb. 11, 2013 | |
|
H037850
|
In re Stevenson
Board of Parole Hearings properly denies prisoner parole where psychologists assessed him as having 'low to moderate' risk for violent recidivism. |
Criminal Law and Procedure |
|
Feb. 11, 2013 | |
|
12-1032
|
Leavitt v. Finney (In re Finney)
Debtor is ineligible for discharge in her second bankruptcy case because she received chapter 7 discharge within four years of filing second case under chapter 13. |
Bankruptcy |
|
Feb. 8, 2013 | |
|
S181004
|
Harris v. City of Santa Monica
City employee who was fired after becoming pregnant may not recover damages, but may be entitled to injunctive relief, when city had some legitimate reasons for firing her. |
Employment Law |
|
Feb. 8, 2013 | |
|
S093756
|
People v. Williams
Excusal of prospective juror for cause is appropriate when he repeatedly expressed extreme discomfort with prospect of imposing death penalty. |
Criminal Law and Procedure |
|
Feb. 8, 2013 | |
|
12-73138
|
Multistar Industries Inc. v. U.S. Dept. of Transportation
Motor carrier may not petition for review of 'unsatisfactory' safety rating by challenging violations that did not factor into agency's final rating. |
Administrative Agencies |
|
Feb. 8, 2013 | |
|
09-56902
|
Cannedy v. Adams
Defense counsel provides deficient performance where he failed to present alleged victim’s Internet message recanting claims of molestation by her stepfather. |
Criminal Law and Procedure |
|
Feb. 8, 2013 | |
|
11-10618
|
U.S. v. Stone
Felon's conviction for possession of ammunition that traveled in interstate commerce is valid without evidence that he knew ammunition’s origins. |
Criminal Law and Procedure |
|
Feb. 8, 2013 |