| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
12-1093
|
Diener v. McBeth (In re Diener)
In bankruptcy case, retirement funds awarded to wife in divorce do not qualify for spousal support exemption based on marital settlement agreement. |
Bankruptcy |
|
Nov. 26, 2012 | |
|
10-15633
|
Miles v. Martel
Order |
|
Nov. 26, 2012 | ||
|
09-99004oo
|
Stokley v. Ryan
Order |
|
Nov. 26, 2012 | ||
|
11-35580
|
Ruiz-Diaz v. United States
Justice Dept. may continue to require non-citizen religious workers to wait for approval of their employers’ sponsorship petitions before applying for visas. |
Immigration |
|
Nov. 26, 2012 | |
|
B232583
|
Franco v. Arakelian Enterprises Inc.
Employee is not required to arbitrate overtime pay claims when arbitration is inappropriate for purpose of vindicating his unwaivable statutory rights. |
Employment Law |
|
Nov. 26, 2012 | |
|
E055690
|
People v. Johnson
Defendant may not set aside domestic violence charges based on early termination of his probation after his repeated failure to attend batterer’s program. |
Criminal Law and Procedure |
|
Nov. 23, 2012 | |
|
S205426
|
Taylor v. S.C. (People)
Order |
|
Nov. 23, 2012 | ||
|
S205145
|
People v. Diaz
Order |
|
Nov. 23, 2012 | ||
|
11-70649
|
Stephens v. U.S. Railroad Retirement Board
Unsuccessful attempts at gainful employment do not foreclose disability claim filed by railroad worker’s disabled son under Railroad Retirement Act. |
Government |
|
Nov. 23, 2012 | |
|
10-16881
|
Pouncil v. Tilton
Muslim inmate's lawsuit alleging prison's denial of his conjugal visit requests interfered with his practice of Islam advances as timely. |
Prisoners Rights |
|
Nov. 23, 2012 | |
|
11-30150
|
U.S. v. Manning
Sentence for felon who possessed firearm is properly increased because he obstructed justice by lying to officer, skipping hearing, and fleeing to Mexico. |
Criminal Law and Procedure |
|
Nov. 23, 2012 | |
|
H032750
|
City of Santa Maria v. Adam
Farmers are entitled to court confirmation of their overlying rights to native groundwater regardless of quantities pumped in the past. |
Real Property |
|
Nov. 23, 2012 | |
|
09-17311
|
Minority Television Project, Inc. v. Federal Communications Commission
Order |
|
Nov. 23, 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 |
|
Nov. 21, 2012 | |
|
A128544
|
Filbin v. Fitzgerald
Attorney prevails in case filed by disgruntled former clients after settlement of litigation when they failed to show attorney’s mistake caused them to settle for less. |
Attorneys |
|
Nov. 21, 2012 | |
|
D060849
|
Douglas E. Barnhart Inc. v. CMC Fabricators Inc.
Subcontractor may recover attorney fees from contractor after proving they never entered into contract following submission of bid. |
Contracts |
|
Nov. 21, 2012 | |
|
B233512
|
Monarrez v. Automobile Club of Southern California
Auto Club may be liable for injuries suffered by motorist who was struck while receiving roadside assistance from tow truck company. |
Torts |
|
Nov. 21, 2012 | |
|
12-236
|
Sebelius v. Cloer
Order |
|
Nov. 21, 2012 | ||
|
C068120
|
Singh v. Davi
Former police officer is entitled to real estate broker’s license despite his prior misdemeanor conviction for theft by false pretenses. |
Real Property |
|
Nov. 21, 2012 | |
|
10-50114
|
U.S. v. Wiggan
Technician's conviction for perjury in connection with wiretapping conspiracy is overturned because grand jury foreperson was allowed to testify regarding her credibility. |
Criminal Law and Procedure |
|
Nov. 21, 2012 | |
|
D060457
|
People v. Barba
Forgers may be guilty of using another’s personal information to cash stolen checks, even if they did not impersonate anyone during scheme. |
Criminal Law and Procedure |
|
Nov. 21, 2012 | |
|
12-123
|
Horne v. Dept. of Agriculture
Order |
|
Nov. 21, 2012 | ||
|
B235415
|
People v. Hawkins
Suspect who gave written search consent cannot appeal dismissal motion on hearsay grounds where he did not raise issue with trial court. |
Criminal Law and Procedure |
|
Nov. 21, 2012 | |
|
E052612
|
People v. Moncada
Man is convicted of killing infant son by pushing him into couch until he stopped breathing, even though son died eight years later of complications. |
Criminal Law and Procedure |
|
Nov. 21, 2012 | |
|
D058988
|
People v. Jackson
Operator of medical marijuana dispensary, who cultivated marijuana for 1,600 members of collective, is entitled to defense under Medical Marijuana Program Act. |
Criminal Law and Procedure |
|
Nov. 21, 2012 | |
|
08-15634
|
U.S. v. Jingles
Previous appellate court panel’s ruling on variance on direct appeal precludes review of petitioner’s constructive amendment claim. |
Criminal Law and Procedure |
|
Nov. 20, 2012 | |
|
A135747
|
Darling v. Superior Court (Western Pacific Housing Inc.)
Builder may halt construction defect lawsuit and withhold requested documents where homeowner failed to serve builder with prelitigation notice of complaint. |
Real Property |
|
Nov. 20, 2012 | |
|
S185457
|
City of Alhambra v. County of Los Angeles
Los Angeles County may not impose disputed property tax administration fees using tax revenue that was diverted by 2004 budgetary measures. |
Taxation |
|
Nov. 20, 2012 | |
|
S191341
|
People v. Sanders
Defendant’s simultaneous possession of two firearms supports multiple convictions based on different statutes, but not separate punishment for violating same statute. |
Criminal Law and Procedure |
|
Nov. 20, 2012 | |
|
C068550
|
Dow v. Lassen Irrigation Co.
Irrigation company cannot divert and store water under 1940 judgment and decree where disputed clause granted no such rights and would clash with rest of decree. |
Real Property |
|
Nov. 20, 2012 |