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Name Category Published
People v. Beard
Three-year enhancement for prior narcotics conviction is not subject to one-third limit because enhancement did not relate to circumstances of crime.
Criminal Law and Procedure Jul. 16, 2012
Sateriale v. R.J. Reynolds Tobacco Co.
Customer loyalty program members adequately allege existence of offer to enter into unilateral contract where company promised to provide rewards to customers.
Contracts Jul. 16, 2012
Ginsberg v. Northwest Inc.
Airline Deregulation Act does not preempt contract claim based on doctrine of good faith and fair dealing.
Contracts Jul. 16, 2012
Travelers Property Casualty Co. of America v. Charlotte Russe Holding Inc.
Summary judgment based on absence of duty to defend is improper where there was potential for coverage for product disparagement in underlying claim.
Insurance Jul. 16, 2012
People v. Pena
Trial court's exclusion of family members from trial is valid where it prevented delay and protected interests of defendants.
Criminal Law and Procedure Jul. 16, 2012
People v. Nishi
Warrantless search of campsite does not violate Fourth Amendment where defendant had no legitimate expectation of privacy when he was not lawfully on premises.
Criminal Law and Procedure Jul. 16, 2012
Collins v. Union Pacific Railroad Co.
Plaintiff may recover under both workers’ compensation and Federal Employers’ Liability Act for damages where ‘special employment’ with railroad company is established.
Workers' Compensation Jul. 13, 2012
People v. Bailey
Appellate court cannot modify escape conviction to attempt to escape where jury was not instructed on specific intent element.
Criminal Law and Procedure Jul. 13, 2012
Villa v. Superior Court (People)
Order
Jul. 13, 2012
People v. Burch
Order
Jul. 13, 2012
McWilliams v. City of Long Beach
Order
Jul. 13, 2012
People v. Williams
Order
Jul. 13, 2012
Gale v. First Franklin Loan Services
Under Truth in Lending Act, only servicers who are also assignees of loans may be liable for failing to respond to inquiries of obligors.
Banking Jul. 13, 2012
Brennan v. Concord EFS Inc.
Automated teller machine cardholders lack standing to seek damages for alleged antitrust violations by banks because cardholders are indirect purchasers and could not show conspiracy to set fees.
Antitrust Jul. 13, 2012
Michelman v. Lincoln National Life Insurance Co.
Stakeholder must have good faith belief that colorable competing claims exist to avail itself of interpleader remedy.
Civil Procedure Jul. 13, 2012
F.D., a Minor
Juvenile disposition is valid in case where prosecutor declines to try minor as adult when court imposed probation and time-served confinement.
Juveniles Jul. 13, 2012
J.L., a Minor
Petition declaring juvenile ward of court cannot be sustained on more than one count for single incident of aggravated assault under Penal Code Section 245.
Juveniles Jul. 13, 2012
Nelson v. City of Davis
Police officers are not entitled to qualified immunity in case where officers fired pepperballs into crowd of partygoers, who posed no visible threat.
Civil Rights Jul. 12, 2012
Moe v. Anderson
Victims are properly joined in lawsuit against employer because claims arose from negligent hiring and supervision of employee.
Torts Jul. 12, 2012
City of Hayward v. Board of Trustees of the California State University
Environmental impact report for master plan to expand university's physical capacity is generally adequate, but fails to meaningfully analyze impact on neighboring parkland.
Environmental Law Jul. 12, 2012
SASCO v. Rosendin Electric Inc.
Under Uniform Trade Secrets Act, attorney fees are correctly awarded where bad faith trade secret misappropriation claim was based on mere speculation.
Intellectual Property Jul. 12, 2012
People v. Yuksel
For purposes of statute targeting adults who arrange sexually illicit meetings with minors, jury instruction stating that 'child' is person under age of 18 is correct.
Criminal Law and Procedure Jul. 12, 2012
SCC Acquisitions Inc. v. Central Pacific Bank
Bank's memorandum noting that borrower should be notified of decision not to renew loan does not create duty to notify borrower of nonrenewal.
Banking Jul. 12, 2012
Kurtin v. Elieff
New trial is required where jury rendered inconsistent verdicts on issue of liability for breach of agent's warranty of authority.
Civil Procedure Jul. 11, 2012
Jerry Beeman and Pharmacy Services Inc. v. Anthem Prescription Management, LLC
‘Erie’ doctrine does not require federal court to follow state appellate court decision striking down statute under California Constitution.
Civil Procedure Jul. 11, 2012
Rosa v. Taser International Inc.
Taser manufacturer has no duty to warn of metabolic acidosis where danger is unknown to scientific community at time of incident.
Torts Jul. 11, 2012
Freeman v. Vista de Santa Barbara Associates LP
Rent control ordinance applies to mobilehome space because original lease prohibited subletting and park failed to give notice of new rule allowing subletting.
Real Property Jul. 11, 2012
Deleon v. Verizon Wireless LLC
Phone company may legally advance commission payments to its sales representatives and recover against future commissions if certain conditions are not met.
Employment Law Jul. 11, 2012
Melissa R. v. Superior Court (San Francisco Human Services Agency)
Parent cannot be denied child reunification services based upon another jurisdiction's prior order, which denied reunification with child's half-sibling.
Juveniles Jul. 11, 2012
People v. Lightsey
Defendant in death penalty case may not represent himself during proceedings to determine whether he was mentally competent to stand trial.
Criminal Law and Procedure Jul. 10, 2012