| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
A129651
|
Frog Creek Partners LLC v. Vance Brown Inc.
Defendant construction company cannot recover attorney fees where it was not prevailing party, even if it successfully defeated motion to compel arbitration on earlier appeal. |
Civil Procedure |
|
May 24, 2012 | |
|
B224739
|
Tarle v. Kaiser Foundation Health Plan Inc.
On appeal from summary judgment, party may not challenge rulings sustaining objections to her evidence, which she never submitted opposition to. |
Civil Procedure |
|
May 23, 2012 | |
|
B238486
|
Stanley v. Superior Court (People)
Trial court reasonably believes that defendant consented to mistrial where jury was dismissed due to inability of multiple jurors to serve. |
Criminal Law and Procedure |
|
May 23, 2012 | |
|
B224884
|
Health Net Inc v. RLI Insurance Co.
Dishonest acts exclusion does not preclude coverage for entirety of insured’s potentially covered claims against insurer, which sought reimbursement for costs in underlying lawsuits. |
Insurance |
|
May 23, 2012 | |
|
A131445
|
Gillis v. Dental Board of California
Dental Board of California may discipline dentist for failure to return calls regarding mishandled procedure although conduct was not listed in Dental Practices Act. |
Administrative Agencies |
|
May 23, 2012 | |
|
10-10424
|
U.S. v. Romo-Chavez
Defendant’s admissions to police officers are not inadmissible under hearsay rule where translator who facilitated questioning would not qualify as court interpreter. |
Criminal Law and Procedure |
|
May 23, 2012 | |
|
B232833
|
City of Palmdale v. State Board of Equalization (City of Pomona)
Proposed stipulated settlement vacating judgment, which faulted State Board of Equalization, is improper because public interest is served by reprimand of Board. |
Administrative Agencies |
|
May 23, 2012 | |
|
D059598
|
Joey G., a Minor
Minor is incorrectly found to be ward of court where joint report by probation department and welfare department was not created and presented to court. |
Juveniles |
|
May 23, 2012 | |
|
B239042
|
Lidow v. Superior Court (International Rectifier Corp.)
Under internal affairs doctrine, California law applies to corporate officer's claim for wrongful termination in violation of public policy. |
Corporations |
|
May 23, 2012 | |
|
B224806
|
Oxford Street Properties LLC v. Rehabilitation Associates LLC
Bank’s interest does not attach where debtor lacked rights in collateral and there was no evidence that debtor intended to create security interest in collateral. |
Securities |
|
May 23, 2012 | |
|
C065808
|
People v. Singh
Defendant does not have constitutional right to be personally present during jury deliberations when jury conducts experiment by reenacting situation. |
Criminal Law and Procedure |
|
May 23, 2012 | |
|
B233918
|
Kerner v. Superior Court (Widom)
Finding of factual innocence cannot be collateral estoppel because such finding may not be considered as evidence in any action for any purpose. |
Civil Procedure |
|
May 22, 2012 | |
|
F062924
|
Shady Tree Farms v. Omni Financial
Claimant must serve preliminary 20-day notice before filing materialman’s lien because it was under direct contract with development’s owner and furnished materials. |
Real Property |
|
May 22, 2012 | |
|
B232316
|
Barker v. Hennessy Industries Inc.
In asbestos related wrongful death case, defendant manufacturer is correctly granted summary judgment where its machines could be used in a non-hazardous manner. |
Torts |
|
May 22, 2012 | |
|
08-30381
|
U.S. v. Milanovic
In proving breach of fiduciary duty as element of honest services mail fraud, trust relationship where one party acts for another's benefit and induces party to relax vigilance is sufficient. |
Criminal Law and Procedure |
|
May 22, 2012 | |
|
10-30146
|
U.S. v. Carpenter
Defendant fails to make timely and unequivocal request for self-representation where request was not made until after prosecution rested and defendant did not make request himself. |
Criminal Law and Procedure |
|
May 22, 2012 | |
|
10-56199
|
Jimenez v. Franklin
Defendants’ failure to challenge order holding defendants jointly and severally liable for fee award waives their ability to subsequently challenge that order. |
Civil Procedure |
|
May 22, 2012 | |
|
A131327
|
McIntyre v. Sonoma Valley Unified School District
School district properly classifies teacher as temporary when number of probationary employees on leaves of absence exceeded number of temporary teachers. |
Education |
|
May 22, 2012 | |
|
12-15388
|
Golinski v. U.S. Office of Personnel Management
Order |
|
May 22, 2012 | ||
|
E053476
|
People v. Lueth
Failure to give unanimity instruction on charge of inflicting corporal injury on cohabitant is harmless when defendant's acts were so closely connected in time as to form part of one transaction. |
Criminal Law and Procedure |
|
May 22, 2012 | |
|
B231591
|
Deutsche Bank National Trust Co. v. McGurk
Where defendant is voluntarily dismissed from quiet title action, quiet title judgment is not binding on company that defendant assigned its deed of trust to. |
Real Property |
|
May 22, 2012 | |
|
10-1472
|
Taniguchi v. Kan Pacific Saipan Ltd.
Prevailing party in personal injury case is not entitled to recover costs for document translation because those who translate writings are not 'interpreters.' |
Civil Procedure |
|
May 21, 2012 | |
|
10-1542
|
Holder v. Gutierrez
Each alien seeking cancellation of removal is required to satisfy 8 U.S.C. Section 1229b(a)’s requirements on his or her own, without imputing parent’s status. |
Immigration |
|
May 21, 2012 | |
|
11-159
|
Astrue v. Capato
Posthumously conceived children of deceased wage earner, who do not qualify for inheritance through intestate succession, are not entitled to Social Security survivors benefits. |
Administrative Agencies |
|
May 21, 2012 | |
|
11-943
|
League of Women Voters of IL v. Quinn, Gov. of IL, et al.
Order |
|
May 21, 2012 | ||
|
11-926
|
Dir., OWCP, Dept. of Labor v. Boroski
Order |
|
May 21, 2012 | ||
|
11-936
|
DynCorp International, et al. v. Boroski
Order |
|
May 21, 2012 | ||
|
11-962
|
Wildtangent, Inc. v. Ultramercial, LLC, et al.
Order |
|
May 21, 2012 | ||
|
11-1025
|
James R. Clapper , et al. v. Amnesty Int'l USA, et al.
Order |
|
May 21, 2012 | ||
|
11-9301
|
In re Justo Richards
Order |
|
May 21, 2012 |