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Name Category Published
Hernandez v. Chipotle Mexican Grill Inc.
Class certification is properly denied where individual inquiry would be required to establish if employer failed to provide meal or rest breaks.
Employment Law Aug. 31, 2012
Fluor Corp. v Superior Court (Hartford Accident & Indemnity Co.)
Insurance company can require insureds to obtain its consent before assigning any interest under its policies based on California Supreme Court precedent.
Insurance Aug. 31, 2012
City of Sebastopol v. WCAB
Labor Code provisions creating incentives for employers to offer return to work for permanently injured employees are inapplicable where employee never lost work time.
Workers' Compensation Aug. 30, 2012
Save The Peaks Coalition v. United States Forest Service
Order
Aug. 30, 2012
People v. McCoy
Court properly finds two entries into home by defendant for sentencing purposes where jury did not make express finding as to number of entries.
Criminal Law and Procedure Aug. 30, 2012
Edwards v. Gillis
Trust beneficiary, who claimed trustee should have made distribution of assets at earlier date, must prove that trustee unreasonably delayed distribution.
Probate and Trusts Aug. 30, 2012
Take Me Home Rescue v. Luri
Foster care provider must return rescue dog, which she refused to spay, because oral discussions with nonprofit amounted to agreement to spay.
Contracts Aug. 30, 2012
Lacey v. Maricopa County
Special prosecutor is not immune from civil rights suit where he issued invalid subpoenas intended to punish newspaper for First Amendment activities.
Civil Rights Aug. 30, 2012
Ayala v. Wong
Court improperly excludes defense counsel from hearing on whether prosecution was systematically excluding nonwhite jurors from trial.
Criminal Law and Procedure Aug. 30, 2012
Petrella v. Metro-Goldwyn-Mayer Inc.
Copyright claims against film studio for infringing interest in book and screenplays are barred because plaintiff's delay in filing lawsuit was unreasonable.
Intellectual Property Aug. 30, 2012
William Jefferson & Co Inc. v. Board of Assessment and Appeals No. 3 for Orange County
Individual representatives of county counsel’s office are permitted to represent assessor and board of equalization under California law.
Civil Rights Aug. 30, 2012
People v. Ortiz
Substantial evidence supports conviction for kidnapping during carjacking when defendants quickly entered vehicle and forced victims to stay inside.
Criminal Law and Procedure Aug. 30, 2012
Muldrow v. Surrex Solutions Corp.
Under commission exemption, employees are not entitled to overtime pay because their job duties involved 'selling' candidates on job placements.
Employment Law Aug. 30, 2012
People v. Schaefer
Trial court may not consider whether defendant’s death abated victim restitution order because appellate court’s prior order abated all proceedings.
Criminal Law and Procedure Aug. 30, 2012
General Mills Inc. v. Franchise Tax Board
Application of alternate tax formula is appropriate where standard taxation method failed to accurately calculate company's business activity in California.
Taxation Aug. 30, 2012
Marriage of Green
Order
Aug. 30, 2012
People v. Mason
Order
Aug. 30, 2012
People v. Thomas
Order
Aug. 30, 2012
Espinosa v. W.C.A.B. (Los Angeles County Jail)
Order
Aug. 30, 2012
People v. Siackasorn
Order
Aug. 30, 2012
Curry v. S.C. (People)
Order
Aug. 30, 2012
California Teachers Association v. Governing Board
Order
Aug. 30, 2012
Barker v. Hennessy Industries
Order
Aug. 30, 2012
Stancle v. Clay
'Gap' tolling of one-year statute of limitations does not occur between successive lower court habeas petitions where inmate asserted new claims in second petition.
Criminal Law and Procedure Aug. 29, 2012
Perfectly Fresh Farms Inc. v. USDA
Produce company officers are subject to bans in perishable agricultural commodities industry because they exercised control over activities that caused statutory violations.
Corporations Aug. 29, 2012
Gentry v. Sinclair
District court improperly concludes that habeas corpus petition was procedurally defaulted because petitioner sufficiently exhausted claim in personal restraint petition.
Criminal Law and Procedure Aug. 29, 2012
U.S. v. Perelman
First Amendment overbreadth challenge to statute prohibiting unauthorized wearing of military medals fails because statute requires intent to deceive.
Criminal Law and Procedure Aug. 29, 2012
Reynoso v. United States
Plaintiff is not entitled to refund for overpayment of tax because claim for credit falls outside look-back period and is time-barred.
Taxation Aug. 29, 2012
FTC v. EDebitPay LLC
When calculating sanctions for civil contempt of FTC consent order, district court has broad discretion to use amount of loss by consumers.
Banking Aug. 29, 2012
People v. Mitchell
Statute prohibiting concealed carrying of dirk or dagger does not violate constitutional right under Second Amendment to bear arms for self-defense.
Criminal Law and Procedure Aug. 29, 2012