| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
11-1114
|
Leavitt v. Alexander (In re Alexander)
Debtor’s mobile kitchen trailer qualifies for exemption as 'vehicle' under Nevada Revised Statute Section 21.090(1)(f) because statute does not expressly exclude trailers. |
Bankruptcy |
|
Jun. 29, 2012 | |
|
A131412
|
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 |
|
Jun. 29, 2012 | |
|
G044411
|
People v. Diaz
For purposes of possession of burglary tools conviction, items are not burglary tools where they were not specifically listed in statute or used to gain entry. |
Criminal Law and Procedure |
|
Jun. 29, 2012 | |
|
E053366
|
People v. Almanza
Criminal booking fee is properly imposed without first reviewing defendant's financial capacity because city peace officer made arrest. |
Criminal Law and Procedure |
|
Jun. 28, 2012 | |
|
11-1742
|
Levesque v. Shapiro (In re Levesque)
Debtors' motion to convert chapter 7 bankruptcy case to chapter 11 bankruptcy case is denied where debtors failed to disclose unliquidated claim against third party. |
Bankruptcy |
|
Jun. 28, 2012 | |
|
G043999
|
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 |
|
Jun. 28, 2012 | |
|
08-71481
|
Rodriguez v. Holder
BIA commits legal error by making its own factual determination and engaging in de novo review of immigration judge’s factual findings. |
Immigration |
|
Jun. 28, 2012 | |
|
10-16564
|
Braunstein v. Arizona Dept. of Transportation
Subcontractor lacks standing to bring Equal Protection challenge against state’s affirmative-action contracting program when he failed to submit formal bid on project. |
Constitutional Law |
|
Jun. 28, 2012 | |
|
10-16665
|
Rearden LLC v. Rearden Commerce Inc.
Company is not entitled to summary judgment in dispute over use of its name where genuine issues of material fact exist on 'use in commerce' grounds. |
Intellectual Property |
|
Jun. 28, 2012 | |
|
11-10380
|
U.S. v. Gonzalez
On drug-sale conspiracy charge, venue is proper in district where informant was located when calling defendant, who was outside of district. |
Criminal Law and Procedure |
|
Jun. 28, 2012 | |
|
C067630
|
Fait v. New Faze Development Inc.
Bad faith waste occurs when building is destroyed by purchasers for reasons other than economic pressure. |
Real Property |
|
Jun. 28, 2012 | |
|
D057568
|
People v. Loza
Conviction for first degree murder is improper where counsel was ineffective in failing to object to court's response to jury's questions regarding aiding and abetting. |
Criminal Law and Procedure |
|
Jun. 28, 2012 | |
|
A132295
|
Estate of Wong
Attorney is entitled to statutory compensation for probate work even though parties did not execute written agreement entitling attorney to that compensation. |
Probate and Trusts |
|
Jun. 28, 2012 | |
|
B235099
|
Patterson v. Domino's Pizza LLC
Summary judgment is improper on claim for vicarious liability where evidence supported reasonable inference that franchisor exerted control over franchisee. |
Employment Law |
|
Jun. 28, 2012 | |
|
S185305
|
People v. Thomas
Venue is proper in county where defendant lived and sold drugs even though drugs and firearm were stored in storage locker in neighboring county. |
Criminal Law and Procedure |
|
Jun. 28, 2012 | |
|
D061239
|
A.G., a Minor
Reunification services are correctly denied following court's determination that services would not benefit child due to father's severe sexual abuse. |
Juveniles |
|
Jun. 28, 2012 | |
|
F061649
|
People v. Accredited Surety & Casualty Co.
Bond may be forfeited when defendant fails to appear at competency hearing because competency proceedings are part of criminal proceedings covered by bail bond. |
Criminal Law and Procedure |
|
Jun. 27, 2012 | |
|
05-50452
|
U.S. v. Meredith
Speech is not protected by First Amendment when it goes beyond mere encouragement and becomes integral part of crime. |
Criminal Law and Procedure |
|
Jun. 27, 2012 | |
|
11-35459
|
Snoqualmie Valley Preservation Alliance v. United States Army Corps of Engineers
U.S. Army Corps of Engineers does not violate Clean Water Act by authorizing hydropower project under nationwide permits rather than requiring individual permit. |
Environmental Law |
|
Jun. 27, 2012 | |
|
C065944
|
Meeks Building Center v. WCAB
Single payment of benefits required for attending qualified medical evaluation does not commence limitation period for payment of temporary disability benefits. |
Workers' Compensation |
|
Jun. 27, 2012 | |
|
H037233
|
Mooney v. Garcia
School district acted reasonably in denying parent's request to add item to agenda when it involved student-run event at one school. |
Education |
|
Jun. 27, 2012 | |
|
B228332
|
Axis Surplus Insurance Co. v. Reinoso
Insured is not covered by liability insurance as to claims by tenants of apartment building that she co-owned when she was in position to know about habitability issues. |
Insurance |
|
Jun. 27, 2012 | |
|
C065100
|
Outfitter Properties LLC v. Wildlife Conservation Board (Dept. of Fish and Game)
Wildlife Conservation Board has limited discretion to expend money from Habitat Conservation Fund because expenditure of 'approximately' $6 million is authorized. |
Environmental Law |
|
Jun. 27, 2012 | |
|
11-460
|
Los Angeles Cty. Flood Control v. Natural Resources, et. al.
Is there "discharge" under Clean Water Act when water from navigable waterway flows through infrastructure and then returns back within same waterway? |
Maritime Law |
|
Jun. 26, 2012 | |
|
11-556
|
Vance v. Ball State University, et al.
Order |
|
Jun. 26, 2012 | ||
|
S177823
|
American Coatings Association Inc. v. South Coast Air Quality District
District may create environmental standards based on technologies that do not exist but are reasonably anticipated to exist by compliance deadline. |
Environmental Law |
|
Jun. 26, 2012 | |
|
S181712
|
Coito v. Superior Court (State of California)
In wrongful death case, audio recordings of witness interviews, which were conducted by investigators employed by defendant's counsel, are protected by work product privilege. |
Civil Procedure |
|
Jun. 26, 2012 | |
|
S085578
|
People v. McDowell
Retrial of death penalty phase does not violate speedy trial right where 10-month delay was not prejudicial given complexity of case. |
Criminal Law and Procedure |
|
Jun. 26, 2012 | |
|
11-15115
|
Mackey v. Hoffman
Incarcerated habeas petitioner may be granted relief from judgment if his attorney’s abandonment caused him to fail to timely file notice of appeal. |
Criminal Law and Procedure |
|
Jun. 26, 2012 | |
|
11-35207
|
Building Industry Assocation of Washington v. Washington State Building Code Council
Washington Building Code that requires greater energy efficiency than federal standards meets statutory conditions for exemption from federal preemption. |
Government |
|
Jun. 26, 2012 |