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Name Category Published
Schechner v. KPIX-TV
Plaintiffs in age discrimination case fail to establish prima facie case where employer's legitimate non-discriminatory reasons for layoff decisions were not pretext for discrimination.
Employment Law May 29, 2012
Marsh v. County of San Diego
Constitution protects mother's right to control remains, memory, and images of deceased child against unwarranted public exploitation by government.
Civil Rights May 29, 2012
Cyr v. McGovran
Three-year statute of limitations for injury to real property does not apply where plaintiff only had option to purchase, rather than title to property.
Real Property May 29, 2012
Thomas v. Stenberg
Defendants do not owe legal duty to plaintiff, who was injured when cow collided with plaintiff’s motorcycle on private road passing through defendants' property.
Torts May 29, 2012
U.S. v. King
Order
May 28, 2012
Snow v. McDaniel
Summary judgment on inmate's claim of deliberate indifference to medical needs is improper because prison doctors inexplicably ignored specialists' surgery recommendations in treating inmate.
Prisoners Rights May 28, 2012
U.S. v. Harris
Unexplained absence of original judge and subsequent sentencing by visiting judge, who was not sufficiently familiar with record, violates Federal Rule of Criminal Procedure 25(b).
Criminal Law and Procedure May 28, 2012
Wilhelm v. Rotman
Plaintiff's allegations against defendant prison physician are sufficient to proceed past screening stage where physician failed to request referral properly.
Civil Procedure May 28, 2012
San Diego City Firefighters Local 145 AFL-CIO v. The Board of Administration of the San Diego City Employees' Retirement System
Claims arising from repeal of two facets of San Diego City Employees' Retirement System fail because causes of action required existence of valid contracts.
Labor Law May 28, 2012
Rezek v. Superior Court (People)
Statements of witnesses to crime are not immune from discovery when they were obtained due to internal affairs investigation and placed in officer’s personnel file.
Criminal Law and Procedure May 28, 2012
Landeros v. Torres
In motor vehicle negligence case, plaintiff can recover noneconomic damages as permissive user under father's insurance policy, even if she did not have valid license.
Torts May 24, 2012
Perez v. Torres
Defendant is not entitled to costs incurred after making offer under Code of Civil Procedure Section 998 because offer failed to include acceptance provision.
Civil Procedure May 24, 2012
Blueford v. Arkansas
Double jeopardy does not bar defendant from being retried on capital murder where jury foreperson reported that jury was unanimous against murder charges before deliberations concluded.
Criminal Law and Procedure May 24, 2012
Freeman v. Quicken Loans Inc.
Plaintiffs must demonstrate that charge for settlement services was divided between two or more persons to establish violation of Real Estate Settlement Procedures Act.
Real Property May 24, 2012
Berkeley Hillside Preservation v. City of Berkeley (Logan)
Order
May 24, 2012
Thompkins (Rufus) on Habeas Corpus
Order
May 24, 2012
People v. Schoenbachler
Order
May 24, 2012
People v. Rouse
Order
May 24, 2012
Downing (Paul) on Habeas Corpus
Order
May 24, 2012
Consolidated Irrigation District v. Superior Court (City of Selma)
Motion to augment record should have been granted because including tape recordings of meetings with no transcripts best promotes purposes of accountability and informed self-government.
Environmental Law May 24, 2012
J.M., a Minor
Indian Child Welfare Act notices do not require inclusion of information about child’s great-great-grandparents.
Native American Affairs May 24, 2012
California Pines Property Owners Association v. Pedotti
In dispute over water rights, 'best efforts' clause in contract requires rancher to act as reasonable person in comparable circumstances, not as fiduciary.
Real Property May 24, 2012
Nitschke v. Belleque
Where state court ruling merely categorizes federal claim without reaching merits, decision is independent and adequate state ground precluding federal habeas review.
Criminal Law and Procedure May 24, 2012
Fenenbock v. Director of Corrections for California
Defendant is not entitled to pre-trial access to minor witness where there was no evidence of prosecutorial interference with witness' decision to refuse access.
Criminal Law and Procedure May 24, 2012
Boy Scouts of America v. Superior Court (Doe I)
Action under Code of Civil Procedure Section 340.1(a)(1)’s delayed discovery provision for claim of childhood sex abuse cannot be filed against entity defendant after plaintiff’s 26th birthday.
Torts May 24, 2012
People v. Le
Trial court properly admits testimony regarding uncharged shootings, which described two prior incidents of gang members shooting at other gang members.
Criminal Law and Procedure May 24, 2012
Ortega v. Topa Insurance Co.
Plaintiff fails to assert statutory violation because Insurance Code Section 758.2 does not prohibit two tiers of physical damage coverage by insurance providers.
Insurance May 24, 2012
People v. Gabriel
Prior felony convictions for possession of assault weapon and cultivation of marijuana involve moral turpitude and are admissible to impeach defendant's credibility.
Criminal Law and Procedure May 24, 2012
American Property Management Corp. v. Superior Court (U.S. Grant Hotel Ventures LLC)
Entity created by Indian tribe under California law, rather than tribal law, is not protected by tribal sovereign immunity
Native American Affairs May 24, 2012
Shifren v. Spiro
Because attorney malpractice claim related to preparation of trust documents requires resolution of divorce proceeding, action did not accrue prior to determination in proceeding.
Torts May 24, 2012