| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
09-50408
|
U.S. v. Ramos-Medina
First degree residential burglary under California Penal Code Section 459 constitutes crime of violence under immigration laws and for purposes of sentencing. |
Criminal Law and Procedure |
|
Jun. 21, 2012 | |
|
10-17896
|
Save The Peaks Coalition v. United States Forest Service
Order |
|
Jun. 21, 2012 | ||
|
11-30017
|
U.S. v. Wing
Court lacks jurisdiction to revoke term of supervised released based on newly discovered violations of previously revoked term of supervised release. |
Criminal Law and Procedure |
|
Jun. 21, 2012 | |
|
11-60042
|
Samson v. Western Capital Partners LLC (In re Blixseth)
Motion for relief from automatic stay is properly granted where debtor fails to timely file and comply with required statement of intent. |
Bankruptcy |
|
Jun. 21, 2012 | |
|
D057579
|
Burton v. Sanner
In wrongful death case, expert witness' testimony that defendant's conduct was unreasonable is inadmissible because it usurped jury's role. |
Torts |
|
Jun. 21, 2012 | |
|
G046048
|
Azure Limited v. I-Flow Corp.
Advancing state of law does not transform private dispute over substantial economic losses into case in which attorney fees may be awarded for serving public interest. |
Civil Procedure |
|
Jun. 21, 2012 | |
|
G045936
|
Cadlerock Joint Venture L.P. v. Lobel
Holder of junior lien that is extinguished during nonjudicial foreclosure may sue debtor for amount owed where lienholders have different interests. |
Real Property |
|
Jun. 21, 2012 | |
|
B232649
|
Samantha C. v. State Dept. of Developmental Services
Prevailing party is entitled to attorney fees where her action affects numerous other applicants seeking services for developmental disabilities. |
Civil Procedure |
|
Jun. 21, 2012 | |
|
08-17565
|
Pacific Rivers Council v. United States Forest Service
U.S. Forest Service fails to take requisite 'hard look' at environmental consequences of changes to Sierra Nevada Forest Plan with respect to fish species. |
Environmental Law |
|
Jun. 20, 2012 | |
|
10-16070
|
Bilyeu v. Morgan Stanley Long Term Disability Plan
ERISA’s administrative exhaustion requirement is excused where claimant acted reasonably in light of claim administrator’s unclear communications and failure to engage in meaningful dialogue. |
Employment Law |
|
Jun. 20, 2012 | |
|
10-17659
|
Chavez v. United States
Supervisors, who allegedly did not stop Border Patrol agents from stopping shuttle based on Latin appearance of passengers, are protected by qualified immunity. |
Civil Rights |
|
Jun. 20, 2012 | |
|
11-35127
|
CGI Technologies and Solutions Inc. v. Rose
In action by employer seeking reimbursement under ERISA, recovery must incorporate equity in addition to contract's terms. |
Employment Law |
|
Jun. 20, 2012 | |
|
11-35026
|
M.R. v. Dreyfus
Preliminary relief is appropriate where plaintiffs showed likelihood of irreparable injury due to reduced access to personal care services placing them at risk of institutionalization. |
Health Care |
|
Jun. 19, 2012 | |
|
09-16053
|
Marrero v. Ives
Claim that petitioner was wrongly classified as career offender under sentencing guidelines is not cognizable as claim of ‘actual innocence’ under escape hatch. |
Criminal Law and Procedure |
|
Jun. 19, 2012 | |
|
09-55514
|
Delia v. City of Rialto
Order |
|
Jun. 19, 2012 | ||
|
09-71070
|
Vilchez v. Holder
Removal hearing by video-conference does not necessarily violate due process where alien failed to establish that outcome of hearing was affected. |
Immigration |
|
Jun. 19, 2012 | |
|
B237147
|
Valdez v. WCAB
Medical report of treating physician is admissible even where physician is not part of medical provider network. |
Workers' Compensation |
|
Jun. 19, 2012 | |
|
F062443
|
Bickel v. Sunrise Assisted Living
In elder abuse case, waiver in residency agreement of plaintiff’s statutory right to recover attorney fees and costs is contrary to public policy. |
Torts |
|
Jun. 19, 2012 | |
|
11-7185
|
Fairy v. Tucker
Order |
|
Jun. 19, 2012 | ||
|
10-10470
|
U.S. v. Marquez-Lobos
For purposes of sentence enhancement for crime of violence, Arizona's kidnapping statute categorically meets generic definition of kidnapping. |
Criminal Law and Procedure |
|
Jun. 19, 2012 | |
|
10-57000
|
Garamendi v. Henin
Modifications to judgments are proper under Federal Rule of Civil Procedure Rule 60(a) where substantive reasoning of original judgment was unaltered. |
Civil Procedure |
|
Jun. 19, 2012 | |
|
11-30250
|
U.S. v. Becker
District court does not commit plain error by imposing sex offender registration condition on defendant who admitted to possessing child pornography. |
Criminal Law and Procedure |
|
Jun. 19, 2012 | |
|
11-35283
|
Peck v. Thomas
Bureau of Prisons' regulations categorically excluding certain classes of inmates from eligibility for early release is not violation of Administrative Procedure Act. |
Criminal Law and Procedure |
|
Jun. 19, 2012 | |
|
D061724
|
San Diego Municipal Employees Association v. Superior Court (City of San Diego)
PERB's attempt to seek injunctive relief in superior court does not later divest it of jurisdiction to hear administrative dispute. |
Labor Law |
|
Jun. 19, 2012 | |
|
H035957
|
Marriage of Khera and Sameer
Denial of postjudgment motion to modify spousal support order is proper because supported spouse’s ability to be self-supporting is not unrealized expectation. |
Family Law |
|
Jun. 19, 2012 | |
|
D059137
|
Pulli v. Pony International LLC
Existence of invalid release of wage claim does not provide defense to enforcement of arbitration provision contained in same agreement. |
Employment Law |
|
Jun. 19, 2012 | |
|
A132165
|
Association of Irritated Residents v. California Air Resources Board
California Air Resources Board's scoping plan does not violate Global Warming Solutions Act because there was ample support for recommendations on which Board settled. |
Environmental Law |
|
Jun. 19, 2012 | |
|
B234192
|
Rickards v. United Parcel Service Inc.
Fair Employment and Housing Act complaint is sufficiently verified where attorney completed online form, which lacked signature line. |
Employment Law |
|
Jun. 19, 2012 | |
|
B221322
|
Campbell v. Ford Motor Co.
Employer has no duty to protect family members of employees from secondary exposure to asbestos used during course of employer’s business. |
Torts |
|
Jun. 19, 2012 | |
|
E052582
|
Housing Partners I Inc. v. Duncan
Housing development project does not qualify for exemption from prevailing wage law because it was supported by combination of housing funds and public funds. |
Employment Law |
|
Jun. 18, 2012 |