| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
A131604
|
Fitzsimons v. California Emergency Physicians Medical Group
Plaintiff's claim alleging retaliation for reporting sexual discrimination does not fail even where plaintiff is bona fide partner, not employee, of defendant medical group. |
Employment Law |
|
May 16, 2012 | |
|
G045855
|
People v. Shokur
Nonstatutory motion to set aside conviction based on alleged ineffectiveness of counsel for failing to explain immigration consequences of plea does not provide remedy. |
Criminal Law and Procedure |
|
May 16, 2012 | |
|
B233915
|
People ex rel. Harris v. Sunset Car Wash LLC
Successor car wash operator is liable for predecessor’s wage law violations where successor operates at same location and performs same services as predecessor. |
Employment Law |
|
May 16, 2012 | |
|
C069958
|
Bracher v. Superior Court (People)
Application of local rule requiring that misdemeanor defendants appear at mandatory settlement conferences is invalid because it is inconsistent with statutory scheme. |
Criminal Law and Procedure |
|
May 16, 2012 | |
|
H034835
|
City of Livermore v. Baca
Plaintiff’s claim for permanent severance damages does not require showing of substantial impairment of access to his property before determining admissibility of proffered evidence. |
Real Property |
|
May 16, 2012 | |
|
A129436
|
Marriage of Green
Husband's service credit for military service is not separate property when he served in military before marriage, but purchased credits during marriage. |
Family Law |
|
May 16, 2012 | |
|
A132667
|
M.L., a Minor
Juvenile court lacks power to grant criminal records exemption because decision to grant exemption is executive function that lies exclusively with social services agency. |
Juveniles |
|
May 16, 2012 | |
|
10-17064
|
SEC v. Jasper
Defendant is not entitled to have jury find all facts necessary to support reimbursement because reimbursement provision of Sarbanes-Oxley Act is equitable disgorgement remedy. |
Securities |
|
May 15, 2012 | |
|
09-35262
|
Simmonds v. Credit Suisse Securities (USA) LLC
Order |
|
May 15, 2012 | ||
|
12-99001
|
Lopez v. Ryan
District court properly denies Federal Rule of Civil Procedure 60(b) motion seeking relief under ‘Martinez’ because defendant failed to show that defaulted claim was substantial. |
Criminal Law and Procedure |
|
May 15, 2012 | |
|
B235819
|
DMS Services Inc. v. Superior Court (Zurich Services Corp.)
Nonsignatory defendant may not compel arbitration of claims against signatory plaintiff under equitable estoppel because claims were not founded upon agreements containing arbitration provision. |
Contracts |
|
May 15, 2012 | |
|
12-16084
|
Lopez v. Brewer
Mere presence of pain brought on by execution method does not establish substantial risk of serious harm to qualify as cruel and unusual punishment. |
Criminal Law and Procedure |
|
May 15, 2012 | |
|
A132987
|
People v. Kendrid
District attorney is not precluded from seeking petition to extend defendant's civil commitment where medical director recommended against extension. |
Criminal Law and Procedure |
|
May 15, 2012 | |
|
10-875
|
Hall v. United States
Federal income tax liability resulting from post Chapter 12 petition farm sale is neither collectible nor dischargeable because it is not 'incurred by the estate.' |
Bankruptcy |
|
May 14, 2012 | |
|
11-8728
|
Garcia v. United States
Order |
|
May 14, 2012 | ||
|
11-9316
|
Flores v. Holder (11-9316)
Order |
|
May 14, 2012 | ||
|
11-9317
|
Flores v. Holder (11-9317)
Order |
|
May 14, 2012 | ||
|
11-9281
|
In re Michael Doyle
Order |
|
May 14, 2012 | ||
|
10-35055
|
Sexton v. Cozner
Procedural default will not bar federal habeas court from hearing ineffective assistance of trial counsel claim if claim is substantial. |
Criminal Law and Procedure |
|
May 14, 2012 | |
|
10-35340
|
Oman v. Portland Public Schools
Plaintiff may not recover nominal damages under Individuals with Disabilities Education Act due to lack of Congressional intent to provide for such remedy. |
Education |
|
May 14, 2012 | |
|
D058657
|
Cash v. Winn
Caregiver who provides health care related services but is not registered nurse does not lose her status as personal attendant and is thus exempt from overtime wages. |
Employment Law |
|
May 14, 2012 | |
|
B234419
|
B.C., a Minor
Juvenile court must determine biological paternity of child, by genetic testing or otherwise, following alleged father’s request for judgment of parentage. |
Juveniles |
|
May 14, 2012 | |
|
B233008
|
People v. E*Poly Star Inc.
Trial court errs in sustaining demurrer on statute of limitations ground where each allegation of unfair competition constituted separate transaction with its own accrual date. |
Business Law |
|
May 14, 2012 | |
|
10-35055
|
Sexton v. Cozner
Order |
|
May 14, 2012 | ||
|
11-1144
|
First Yorkshire Holdings Inc. v. Pacifica L 22 LLC (In re First Yorkshire Holdings Inc.)
Bankruptcy court abuses its discretion in finding lack of equity in lien interest in property without making findings establishing value of property. |
Bankruptcy |
|
May 13, 2012 | |
|
09-10401
|
U.S. v. Hieng
District court reasonably presumes that defendant's failure to object to admission of statements made during proffer meeting amounted to previous waiver of rights. |
Criminal Law and Procedure |
|
May 13, 2012 | |
|
C068878
|
William L. Lyon & Associates Inc. v. Superior Court (Henley)
Two-year statute of limitations for filing action for breach of duty owed by seller's broker to buyer does not apply where buyers alleged claims against dual listing agent. |
Real Property |
|
May 13, 2012 | |
|
A133109
|
Salmon Protection and Watershed Network v. County of Marin
Tolling agreements extending period for filing complaint challenging environmental impact report are effective because of strong public policy to encourage settlement of controversies. |
Environmental Law |
|
May 13, 2012 | |
|
F061645
|
People v. Chavez
Conspiracy to commit burglary conviction is unsupported where co-conspirators had no agreement to enter building, but only to steal gasoline within fenced yard. |
Criminal Law and Procedure |
|
May 13, 2012 | |
|
B232655
|
Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (Los Angeles County Metropolitan Transportation Authority)
Use of projected future conditions to determine environmental impact of light rail construction is appropriate where impact on presently existing conditions would yield no practical information. |
Environmental Law |
|
May 11, 2012 |
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