| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
H037940
|
In re K.C., a Minor
Mentally ill father is improperly denied reunification with children where government unreasonably sends him to obtain medical treatment on his own. |
Juveniles |
|
Dec. 20, 2012 | |
|
D060327
|
People v. Huynh
Body found in alley wrapped in blanket and covered in semen and hair is enough to establish reasonable inference of death by criminal agency. |
Criminal Law and Procedure |
|
Dec. 20, 2012 | |
|
B236195
|
Cordova v. City of Los Angeles
City is not liable for wrongful death claim arising from accident where car hit tree on median because road's design would not cause motorists to veer into trees. |
Torts |
|
Dec. 20, 2012 | |
|
B231817
|
Ventura v. ABM Industries Inc.
Janitor's employer is liable for violation of right to be free from violence committed against her based on her sex when her supervisor harassed her at work. |
Employment Law |
|
Dec. 20, 2012 | |
|
A131964
|
Microsoft Corp. v. Franchise Tax Board
Microsoft's licensing agreements for software programs cannot be used to calculate its franchise tax liability because licenses are intangible personal property. |
Taxation |
|
Dec. 19, 2012 | |
|
B237756
|
Oviedo v. Windsor Twelve Properties LLC
Landlord’s anti-SLAPP motion is improperly granted where tenant’s claims did not arise from landlord's unlawful detainer action, but from underlying rent increase. |
Real Property |
|
Dec. 19, 2012 | |
|
11-70819
|
Metro One Telecommunications Inc. v. Commissioner of Internal Revenue
Company may not take advantage of tax code’s 'Relief Rule' to offset 100 percent of its taxable income with net operating losses. |
Taxation |
|
Dec. 19, 2012 | |
|
C070571
|
V & P Trading Co. Inc. v. United Charter LLC
Sanctions award against corporation is unsupported because court improperly denied motion to compel answer to interrogatories based on corporation’s suspended status. |
Civil Procedure |
|
Dec. 19, 2012 | |
|
H037320
|
People v. Kim
Trial court incorrectly vacates petty theft conviction 12 years after sentence had been served, even if not doing so could result in deportation. |
Criminal Law and Procedure |
|
Dec. 19, 2012 | |
|
D062087
|
Hailey T., a Minor
Removal of older child from parents is unsupported because there was no evidence child suffered any harm due to abuse court found regarding younger sibling. |
Juveniles |
|
Dec. 19, 2012 | |
|
D061348
|
Weingarten Realty Investors v. Chiang
Judgment creditor who was assignee may claim cash and other property previously escheated to state because statute does not limit claims to owners. |
Civil Procedure |
|
Dec. 19, 2012 | |
|
D060346
|
People v. Bauer
Prison sentence for lewd and lascivious conduct with child is overturned because court failed to advise defendant of right to counsel at probation revocation hearing. |
Criminal Law and Procedure |
|
Dec. 19, 2012 | |
|
11-1305
|
State of Montana v. Blixseth (In re Blixseth)
Nevada is proper venue for involuntary bankruptcy petition because debtor transferred majority of his intangible assets into two Nevada corporate entities. |
Bankruptcy |
|
Dec. 18, 2012 | |
|
11-50471
|
U.S. v. Bustos-Ochoa
Immigration judge’s failure to inform illegal alien of availability of possible relief from deportation does not prejudice alien because he was ineligible for relief. |
Criminal Law and Procedure |
|
Dec. 18, 2012 | |
|
B239145
|
Cardio Diagnostic Imaging Inc. v. Farmers Insurance Exchange
Insurer may deny coverage to tenant that suffered damage due to blockage in malfunctioning toilet under policy's water exclusion. |
Insurance |
|
Dec. 18, 2012 | |
|
B236687
|
Shen v. Miller
Attorney who represented shareholder in individual and derivative claims should not be disqualified where no attorney-client relationship with corporation existed. |
Corporations |
|
Dec. 18, 2012 | |
|
B231388
|
Singletary v. Local 18 of the International Brotherhood of Electrical Workers
City-employed security guards’ unfair practices claim against labor union fails because city’s employee relations board had exclusive jurisdiction over claim. |
Labor Law |
|
Dec. 18, 2012 | |
|
S180890
|
Jankey v. Lee
Grocery store operator wins attorney fees after successfully defending against wheelchair user's state claim alleging step prevented access to store. |
Civil Rights |
|
Dec. 17, 2012 | |
|
12-1081
|
Heritage Pacific Financial LLC v. Machuca (In re Machuca)
Creditor cannot attack debtor's attorney fee award by claiming adversary proceeding was justified when debtor’s loan was replete with red flags. |
Bankruptcy |
|
Dec. 17, 2012 | |
|
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 |
|
Dec. 17, 2012 | |
|
B231941
|
Arce v. County of Los Angeles
Parents' civil rights claims may proceed against Los Angeles County following detention of children without prior judicial authorization or adequate cause. |
Civil Rights |
|
Dec. 17, 2012 | |
|
10-30126
|
U.S. v. Oliva
Government may monitor background conversations overheard during standard cell phone intercepts where particular cell phone is specifically listed in court order. |
Criminal Law and Procedure |
|
Dec. 17, 2012 | |
|
11-35166
|
Washington Shoe Co. v. A-Z Sporting Goods Inc.
Arkansas retailer may be sued in Washington State for intentionally infringing copyright in rain boots held by Washington business. |
Intellectual Property |
|
Dec. 17, 2012 | |
|
B236738
|
People v. Nocelotl
Kidnapper cannot withdraw plea after mistakenly believing he would be sentenced based on psychological reports, rather than warden's unfavorable report. |
Criminal Law and Procedure |
|
Dec. 17, 2012 | |
|
B231123
|
People v. Lujan
Child witness is allowed to testify remotely over closed-circuit television when face-to-face confrontation with defendant would cause trauma. |
Criminal Law and Procedure |
|
Dec. 17, 2012 | |
|
12-203
|
Opinion of Harris
Retired City employee group cannot seek quo warranto action against cost of living adjustment charter amendment because group may pursue action itself. |
Government |
|
Dec. 17, 2012 | |
|
S176886
|
People v. Dungo
Order |
|
Dec. 16, 2012 | ||
|
S205889
|
Fluor Corporation v. S.C. (Hartford Accident & Indemnity Co.)
Order |
|
Dec. 16, 2012 | ||
|
S205879
|
Young v. S.C. (People)
Order |
|
Dec. 16, 2012 | ||
|
S205907
|
Reyes v. Liberman Broadcasting
Order |
|
Dec. 16, 2012 |