| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
11-35343
|
Karl v. City of Mountlake Terrace
Qualified immunity does not shield public official from suit alleging retaliation in violation of First Amendment because it is established that supervisors cannot retaliate against employees based on subpoenaed deposition testimony. |
Constitutional Law |
|
May 8, 2012 | |
|
D059236
|
Aleksick v. 7-Eleven Inc.
Unfair competition law claim for Labor Code wage dispute against payroll company cannot be maintained where no employer-employee relationship exists. |
Employment Law |
|
May 8, 2012 | |
|
D056440
|
Sciborski v. Pacific Bell Directory
Federal law does not preempt union member's claims for unlawful wage deduction because claims did not require interpretation of collective bargaining agreement. |
Labor Law |
|
May 8, 2012 | |
|
08-16728
|
Veterans for Common Sense v. Shinseki
District court lacks jurisdiction over veteran organization's claims against Dept. of Veteran Affairs because district court cannot review VA decisions that relate to benefits. |
Constitutional Law |
|
May 7, 2012 | |
|
A129379
|
Bettencourt v. Hennessy Industries Inc.
Proposed amended complaint properly states strict liability and negligence claims against manufacturer of product, which caused asbestos exposure when used as intended with another product. |
Torts |
|
May 7, 2012 | |
|
S076721
|
People v. Jones
Prior sexual offense is admissible to show predisposition to commit present offense where both assaults were accomplished within short time period after gaining access to victim. |
Criminal Law and Procedure |
|
May 7, 2012 | |
|
D058407
|
People v. Dunn
Motion for mistrial based on expert witness’s unexpected unavailability is correctly denied because defendant’s chances of receiving fair trial were not irreparably damaged. |
Criminal Law and Procedure |
|
May 7, 2012 | |
|
H036888
|
People v. Olague
Amendment to Penal Code, which increased conduct credit for presentence confinement with respect to persons convicted of serious or violent felonies, does not violate equal protection. |
Criminal Law and Procedure |
|
May 7, 2012 | |
|
10-56929
|
Stern v. New Cingular Wireless Services Inc.
Order |
|
May 7, 2012 | ||
|
A131304
|
San Francisco Unified School District v. City and County of San Francisco
Application of city’s civil service rules to school district personnel does not constitute transfer of control, and thus, does not violate state Constitution. |
Education |
|
May 6, 2012 | |
|
A127596
|
Miske v. Bisno
General partner is jointly liable for copartner's concealment of material facts where concealment induced innocent third party to purchase partnership units. |
Corporations |
|
May 6, 2012 | |
|
08-56520
|
Nedds v. Calderon
Federal habeas petitioner, who decides when to file petition in accord with Ninth Circuit precedent that is later overturned by Supreme Court, is entitled to equitable tolling. |
Criminal Law and Procedure |
|
May 6, 2012 | |
|
09-30000
|
U.S. v. Ressam
Millennium Bomber’s 22-year sentence is unreasonable where it represented great departure from guidelines and was based on sentencing court’s overvaluation of cooperation. |
Criminal Law and Procedure |
|
May 6, 2012 | |
|
10-17680
|
Henry A. v. Willden
Adoption Assistance and Child Welfare Act provisions requiring case plans for foster children and records are privately enforceable under 42 U.S.C. Section 1983. |
Civil Rights |
|
May 6, 2012 | |
|
10-17726
|
Crosby v. Schwartz
Defendant’s sentence of 26 years to life under Three Strikes Law for failure to comply with sex registration requirements is not cruel and unusual punishment. |
Criminal Law and Procedure |
|
May 6, 2012 | |
|
12-301
|
Opinion of Harris
Police department may establish guideline that allows impounded vehicles to be released in less than 30 days, even if fixed 30-day impoundment period may also apply. |
Government |
|
May 6, 2012 | |
|
A130213
|
Shields v. Hennessy Industries Inc.
Manufacturer may be held strictly liable when its product contributed substantially to harm or it participated substantially in creating harmful combined use of products. |
Torts |
|
May 3, 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 |
|
May 3, 2012 | |
|
08-35854
|
Sackett v. U.S. EPA
Order |
|
May 3, 2012 | ||
|
09-73683
|
Oyeniran v. Holder
Collateral estoppel binds BIA to prior determination that alien presented sufficient evidence under Convention Against Torture based on violence due to religious differences. |
Immigration |
|
May 3, 2012 | |
|
10-73698
|
Estate of Morgens v. Commissioner of Internal Revenue
Gift taxes paid by donee trustees of qualifying terminable interest in property trust within three years of donor's death should be included in gross estate under 'gross-up rule.' |
Taxation |
|
May 3, 2012 | |
|
G044479
|
Beckwith v. Dahl
Tort of intentional interference with expected inheritance is recognized as valid cause of action because plaintiff’s interests are clearly entitled to legal protection. |
Torts |
|
May 3, 2012 | |
|
08-71478
|
Oshodi v. Holder
Order |
|
May 3, 2012 | ||
|
F062601
|
Valero v. Board of Retirement of Tulare County Employees’ Retirement Association
Order denying disability retirement is supported by substantial evidence where employee failed to show connection between psychiatric disability and employment. |
Government |
|
May 2, 2012 | |
|
08-99001
|
Detrich v. Ryan
State court's determination that defendant's counsel performed competently is objectively unreasonable where counsel did not investigate mitigating circumstances in defendant's background. |
Criminal Law and Procedure |
|
May 2, 2012 | |
|
09-16478
|
Padilla v. Yoo
Qualified immunity shields former Assistant Attorney General from suit by suspected terrorist designated as enemy combatant alleging harsh conditions violated his rights. |
Constitutional Law |
|
May 2, 2012 | |
|
09-56255
|
Beltran v. Astrue
Number of regional and national jobs available to Social Security applicant is not ‘significant number’ for purposes of disability determination because of job’s rarity. |
Government |
|
May 2, 2012 | |
|
B233368
|
People v. Torres
Police officers do not have exigent circumstance justifying warrantless entry into hotel room where only evidence of marijuana possession was ‘strong smell’ in hallway. |
Criminal Law and Procedure |
|
May 2, 2012 | |
|
F058617
|
Sumner Hill Homeowners’ Association Inc. v. Rio Mesa Holdings LLC
Legislature or Supreme Court should resolve issue of incongruity of two accepted standards of navigability as to same portion of river. |
Real Property |
|
May 2, 2012 | |
|
A131235
|
Husain v. McDonald’s Corp.
Restaurant chain’s franchise agreement requiring strict adherence with its standards of practice is not personal services contract and is subject to specific enforcement. |
Contracts |
|
May 1, 2012 |
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