| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
12-1055
|
Educational Credit Management Corp. v. Jorgensen (In re Jorgensen)
Debtor does not have to pay all of her student loan debt after being diagnosed with cancer, which affected her ability to work. |
Bankruptcy |
|
Sep. 12, 2012 | |
|
08-99003
|
Wood v. Ryan
Prosecutor's questions are not misconduct where prosecutor cross-examined psychologist on whether another doctor had considered hypnotizing defendant. |
Criminal Law and Procedure |
|
Sep. 11, 2012 | |
|
10-15297
|
Yeager v. Bowlin
Aviation figure cannot sue website for allegedly unlawful statements when over two years passed since their publication, and nothing new was added. |
Torts |
|
Sep. 11, 2012 | |
|
11-15563
|
Schmidt v. Contra Costa County
Lawsuit filed by candidate in local election against superior court does not successfully remove new employment eligibility policy for court commissioners. |
Civil Rights |
|
Sep. 11, 2012 | |
|
11-16683
|
Hibbler v. Benedetti
State court’s failure to hold evidentiary hearing does not render its factual findings unreasonable where evidence presented was sufficient to resolve factual question. |
Criminal Law and Procedure |
|
Sep. 11, 2012 | |
|
11-17108
|
Pacific Coast Federation of Fishermen's Associations v. Blank
Revisions to fishery management plan do not need to better protect fishing communities that might have limited access to fishery. |
Environmental Law |
|
Sep. 11, 2012 | |
|
11-35351
|
Mueller v. Auker
Police officers cannot be held liable for taking plaintiffs' infant daughter for medical treatment without judicial hearing or warrant. |
Civil Rights |
|
Sep. 11, 2012 | |
|
B229202
|
People v. Twelve Thousand Six Hundred One Dollars and Thirty-Three Cents ($12,601.33) in U.S. Currency
Defendant is entitled to return of money taken by police, plus any interest earned while money was in interest bearing bank account. |
Criminal Law and Procedure |
|
Sep. 11, 2012 | |
|
B233557
|
Mao's Kitchen Inc. v. Mundy
Court must hear False Claims Act case based on allegations of fee waiver fraud because waivers were not public and were made under seal. |
Torts |
|
Sep. 11, 2012 | |
|
B225763
|
People v. Calles
Defendant who drove his vehicle through sidewalk, killing several victims, may be punished separately for vehicular manslaughter of each victim. |
Criminal Law and Procedure |
|
Sep. 11, 2012 | |
|
G046209
|
People v. Dunbar
Office manager may be guilty of forgery after he falsified his company's financial records, even if those records are private. |
Criminal Law and Procedure |
|
Sep. 10, 2012 | |
|
11-30118
|
U.S. v Williams
Extortion and mailbox-bombing charges should not be grouped for sentencing purposes when charges involved distinct victims. |
Criminal Law and Procedure |
|
Sep. 10, 2012 | |
|
F061058
|
People v. Robertson
Evidence is sufficient to support conviction for aggravated kidnapping for purpose of committing rape where defendant moved victim from back of garage to front. |
Criminal Law and Procedure |
|
Sep. 10, 2012 | |
|
11-1702
|
Ng v. Farmer (In re Ng)
Chapter 7 case cannot move forward when debtor used his income to contribute to his retirement plan and was able to repay creditors. |
Bankruptcy |
|
Sep. 10, 2012 | |
|
08-72451
|
Cheema v. Holder
Written warning on asylum application adequately informs alien that he will be denied immigration benefits if his application is frivolous. |
Immigration |
|
Sep. 7, 2012 | |
|
10-17619
|
Inter-Local Pension Fund GCC/IBT v. Rigel Pharmaceuticals Inc.
Allegation that pharmaceutical company used wrong statistical methodology in drug study is not enough to maintain securities fraud lawsuit. |
Securities |
|
Sep. 7, 2012 | |
|
11-18042
|
Frankl v. HTH Corp.
In dealing with union, employer has to bargain in good faith, give up requested information, and reinstate fired employee. |
Labor Law |
|
Sep. 7, 2012 | |
|
B232570
|
Martin v. Van Bergen
In boundary dispute between neighbors, boundary of parcel is not created by agreement when neighbors never agreed to anything. |
Real Property |
|
Sep. 7, 2012 | |
|
B239472
|
Spaccia v. Superior Court (People)
Entire district attorney's office cannot be recused from case where alleged conflict was speculative and did not show actual unfairness. |
Criminal Law and Procedure |
|
Sep. 7, 2012 | |
|
F058617
|
Sumner Hill Homeowners’ Association Inc. v. Rio Mesa Holdings LLC
Legislature or Supreme Court should resolve issue of incongruity of two accepted standards of navigability as to same portion of river. |
Real Property |
|
Sep. 7, 2012 | |
|
B241132
|
Swarthout v. Superior Court (Culver City Police Dept.)
Trial court lacks authority to issue transfer order for inmate in state prison where there is no statutory basis for transfer. |
Criminal Law and Procedure |
|
Sep. 6, 2012 | |
|
10-56854
|
Acosta v. City of Costa Mesa
Provision in ordinance prohibiting ‘insolent’ behavior at city meetings is invalid because it needlessly prohibited non-disruptive behavior. |
Constitutional Law |
|
Sep. 6, 2012 | |
|
10-99017
|
Farmer v. McDaniel
Order |
|
Sep. 6, 2012 | ||
|
11-56253
|
Lavan v. City of Los Angeles
City may not destroy homeless persons' unabandoned property, which is left on public sidewalks, according to Fourth Amendment. |
Civil Rights |
|
Sep. 6, 2012 | |
|
D060733
|
S.M., a Minor
When figuring out parent's ability to pay legal costs, juvenile court may not consider parent's Social Security Income benefits. |
Juveniles |
|
Sep. 6, 2012 | |
|
H037967
|
People v. Mendez
Defendant cannot appeal court's denial of his motion to reduce restitution fine when the reason for the denial was a lack of jurisdiction. |
Criminal Law and Procedure |
|
Sep. 6, 2012 | |
|
B220954
|
Flores v. Lamps Plus Inc.
Dispute over meal and rest breaks cannot move forward as class action because individual issues of employees predominated over common issues. |
Employment Law |
|
Sep. 6, 2012 | |
|
B229982
|
Bell v. H.F. Cox Inc.
ERISA preempts state law action for unpaid vacation only if employer maintains separate account for payment of vacation benefits. |
Employment Law |
|
Sep. 6, 2012 | |
|
10-15663
|
Autotel v. Nevada Bell Telephone Co.
Because telephone carriers have existing arrangement, already existing carrier does not have to provide competing carrier with requested pricing. |
Government |
|
Sep. 5, 2012 | |
|
08-71719
|
Price v. Stevedoring Services of America Inc.
In calculating how much interest on disability benefits longshoreman is entitled to, judge incorrectly applies simple interest rate. |
Maritime Law |
|
Sep. 5, 2012 |