| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
11-50234
|
U.S. v. Yi
Real estate developer’s conviction for conspiracy to violate Clean Air Act is valid because he knew ceilings contained asbestos, but deliberately avoided problem. |
Criminal Law and Procedure |
|
Jan. 2, 2013 | |
|
B233796
|
People v. Morales
Defendant who impersonates victim's boyfriend while having sex is improperly convicted of rape where jury instructions include deception theory for unmarried victim. |
Criminal Law and Procedure |
|
Jan. 2, 2013 | |
|
G045899
|
Marriage of Melissa
Prenuptial agreement containing spousal support waiver is invalid as against public policy pursuant to law as it then existed in 1985. |
Family Law |
|
Jan. 2, 2013 | |
|
12-1209
|
Collect Access LLC v. Hernandez (In re Hernandez)
Order requiring creditor to return debtor's funds to his account is proper where funds are social security benefits exempt from collection. |
Bankruptcy |
|
Jan. 1, 2013 | |
|
S195031
|
Nalwa v. Cedar Fair L.P.
Amusement park owes no duty to protect against injury suffered in collision between bumper cars because such impacts are inherent part of ride. |
Torts |
|
Dec. 31, 2012 | |
|
11-1653
|
Van Zandt v. Mbunda (In re Mbunda)
Chapter 7 bankruptcy debtor may discharge debt owed to probate estate where executor failed to prove debtor’s promise to repay was false. |
Bankruptcy |
|
Dec. 31, 2012 | |
|
B239629
|
David R., a Minor
Son may not be removed from father's custody after father sexually abused stepdaughter when son was not at risk of abuse. |
Juveniles |
|
Dec. 31, 2012 | |
|
10-10403
|
U.S. v. Lee
Defendant is incorrectly classified as career offender where record was inconclusive as to whether past conviction was for controlled substance offense. |
Criminal Law and Procedure |
|
Dec. 30, 2012 | |
|
12A644
|
Hobby Lobby Stores Inc. v. Sebelius
Christian-themed bookstore and arts and crafts chainstore may not prevent enforcement of health care law, which requires mandatory contraception coverage. |
Health Care |
|
Dec. 30, 2012 | |
|
C064567
|
Young v. CBS Broadcasting Inc.
Court-appointed conservator may not sue news corporation for defamation following telecast containing allegations of theft and battery against elderly woman. |
Torts |
|
Dec. 30, 2012 | |
|
11-56600
|
Meyer v. Portfolio Recovery Associates LLC
Class action moves forward against debt collection service to stop use of automated system to dial debtors' cellular telephone numbers. |
Business Law |
|
Dec. 30, 2012 | |
|
08-74331
|
Rojas v. Holder
Immigration judge may deny voluntary departure based on alien's admission to having sexual relations with minor because admission was probative of his undesirability. |
Immigration |
|
Dec. 30, 2012 | |
|
11-16557
|
Alocozy v. United States Citizenship and Immigration Services
Legal resident’s conviction for assault with intent to commit rape renders him ineligible for citizenship because conviction prevents him from establishing good moral character. |
Immigration |
|
Dec. 30, 2012 | |
|
10-1103
|
Opinion of Harris
Director of Water Authority, who is also part of member agency, may not vote on incentive contracts for member agency where director is also officer. |
Government |
|
Dec. 30, 2012 | |
|
A129535
|
Veronese v. Lucasfilm Ltd.
Trial court incorrectly refuses to give special ‘business judgment’ instruction to jury in case involving woman who alleged pregnancy discrimination. |
Employment Law |
|
Dec. 30, 2012 | |
|
B238054
|
Swissmex-Rapid S.A. de C.V. v. SP Systems LLC
Confirmation of arbitration award between California and Mexican corporations is proper because FAA's procedural provisions do not apply to state court. |
Civil Procedure |
|
Dec. 30, 2012 | |
|
G046769
|
Williamson v. Mazda Motor of America Inc.
On remand, new judge may reconsider whether case involving accident in Utah may properly be tried in California because prior judge had retired. |
Civil Procedure |
|
Dec. 27, 2012 | |
|
11-304
|
Opinion of Harris (11-304)
Prison Industry Board’s discretion to adopt procedures for purchase of goods and services does not exempt Prison Industry Authority from state law governing public works contracts. |
Government |
|
Dec. 27, 2012 | |
|
11-704
|
Opinion of Harris (11-704)
Cemetery district board may invest endowment income funds without county treasurer’s approval, even if county treasurer serves as district’s treasurer. |
Government |
|
Dec. 27, 2012 | |
|
S185544
|
Ralphs Grocery Co. v. United Food and Commercial Workers Union Local 8
Grocery store may not prevent union from picketing at store's entrance because California statutes prohibit certain activities from being enjoined during labor disputes. |
Labor Law |
|
Dec. 27, 2012 | |
|
S187680
|
People v. Rodriguez
Gang member who acted alone in attempted robbery does not violate ‘criminal street gang participation’ statute, even if his conduct benefited gang as a whole. |
Criminal Law and Procedure |
|
Dec. 27, 2012 | |
|
D059463
|
People v. Spence
Defendant's testimony at suppression hearing may be used to impeach defense expert’s testimony when testimony at hearing was contrary to expert’s opinion. |
Criminal Law and Procedure |
|
Dec. 27, 2012 | |
|
11-57144
|
Cooper v. Ramos
Federal court may not hear capital defendant's challenge to state court's denial of request to obtain additional DNA testing of evidence. |
Civil Rights |
|
Dec. 27, 2012 | |
|
11-35784
|
Chesbro v. Best Buy Stores L.P.
Best Buy must stop making automated phone calls urging customers to redeem coupons by making more purchases at its stores. |
Business Law |
|
Dec. 27, 2012 | |
|
11-504
|
Opinion of Harris (11-504)
School districts may continue historical use of school buses by nonprofits for community recreation purposes, even if county population exceeds 45,000. |
Government |
|
Dec. 27, 2012 | |
|
H035423
|
People v. Shazier
Prosecutor's pervasive pattern of improper statements throughout trial causes reversal of order adjudging defendant as sexually violent predator. |
Criminal Law and Procedure |
|
Dec. 27, 2012 | |
|
A134793
|
People v. Schoop
Sex offender may obtain certificate of rehabilitation seven years after completing sentence because imposing longer 10-year rehabilitation period violates equal protection. |
Criminal Law and Procedure |
|
Dec. 27, 2012 | |
|
B244043
|
Williams v. Superior Court (Allstate Insurance Co.)
Auto adjusters may again pursue class action against Allstate because trial court incorrectly decertified class based on U.S. Supreme Court's 'Dukes' decision. |
Employment Law |
|
Dec. 26, 2012 | |
|
12-70518
|
Resisting Environmental Destruction on Indigenous Lands v. EPA
Oil company's drillship and fleet of vessels are authorized by EPA to conduct exploratory drilling operations in Arctic Ocean off Alaska’s coast. |
Environmental Law |
|
Dec. 26, 2012 | |
|
11-30195
|
U.S. v. Phillips
Former CEO's mail fraud conviction is invalid because success of scheme to steal company’s money did not depend on use of mail. |
Criminal Law and Procedure |
|
Dec. 26, 2012 |