| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B216004
|
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 | |
|
G045579
|
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 | |
|
A134803
|
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 | |
|
10-17896
|
Save The Peaks Coalition v. United States Forest Service
Order |
|
Aug. 30, 2012 | ||
|
C067498
|
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 | |
|
E053542
|
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 | |
|
B229486
|
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 | |
|
09-15703
|
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 | |
|
09-99005
|
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 | |
|
10-55834
|
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 | |
|
11-55223
|
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 | |
|
D058348
|
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 | |
|
D057955
|
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 | |
|
A131539
|
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 | |
|
A131477
|
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 | |
|
S203561
|
Marriage of Green
Order |
|
Aug. 30, 2012 | ||
|
S203747
|
People v. Mason
Order |
|
Aug. 30, 2012 | ||
|
S203557
|
People v. Thomas
Order |
|
Aug. 30, 2012 | ||
|
S203572
|
Espinosa v. W.C.A.B. (Los Angeles County Jail)
Order |
|
Aug. 30, 2012 | ||
|
S203568
|
People v. Siackasorn
Order |
|
Aug. 30, 2012 | ||
|
S203796
|
Curry v. S.C. (People)
Order |
|
Aug. 30, 2012 | ||
|
S185651
|
California Teachers Association v. Governing Board
Order |
|
Aug. 30, 2012 | ||
|
S204106
|
Barker v. Hennessy Industries
Order |
|
Aug. 30, 2012 | ||
|
09-56374
|
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 | |
|
09-72434
|
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 | |
|
09-99021
|
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 | |
|
10-10571
|
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 | |
|
11-15181
|
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 | |
|
11-55431
|
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 | |
|
D059254
|
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 |