| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B222284
|
Ginsberg v. Gamson
Court errs in construing option in commercial lease as granting unlimited renewals because option did not unequivocally establish intent to create right to unlimited extensions. |
Real Property |
|
May 1, 2012 | |
|
11-1484
|
Jefferies v. Carlson (In re Jefferies)
Debtor is not entitled to homestead exemption where sale of homestead was made pursuant to Divorce Decree and had element of legal compulsion. |
Bankruptcy |
|
May 1, 2012 | |
|
B234627
|
Toro Enterprises Inc. v. Pavement Recycling Systems Inc.
Subcontractor is entitled to attorney fees where it was prevailing party and subcontract authorized fees to prevailing party 'in any dispute resolution between the parties.' |
Contracts |
|
May 1, 2012 | |
|
B235491
|
Kinecta Alternative Financial Solutions Inc. v. Superior Court (Malone)
Trial court errs in denying motion to dismiss wage-and-hour class action allegations where arbitration agreement was enforceable and did not authorize class arbitration. |
Employment Law |
|
May 1, 2012 | |
|
G044859
|
People v. Roldan
Witness absent at trial is not ‘unavailable’ in constitutional sense absent showing that prosecution exercised due diligence in preventing his absence at trial. |
Criminal Law and Procedure |
|
May 1, 2012 | |
|
10-1553
|
Beard v. CIR
Order |
|
Apr. 30, 2012 | ||
|
11-163
|
Grapevine Imports, Ltd., et al. v. United States
Order |
|
Apr. 30, 2012 | ||
|
11-499
|
Ryan v. United States
Order |
|
Apr. 30, 2012 | ||
|
11-582
|
Salman Ranch, Ltd., et al.
v.
CIR
Order |
|
Apr. 30, 2012 | ||
|
11-663
|
Intermountain Insurance, et al.
v.
CIR
Order |
|
Apr. 30, 2012 | ||
|
11-747
|
Utam, Ltd., et al. v. CIR
Order |
|
Apr. 30, 2012 | ||
|
11-820
|
Chaidez v. United States
Order |
|
Apr. 30, 2012 | ||
|
11-8998
|
Watts v. Hobbs, Dir., AR DOC
Order |
|
Apr. 30, 2012 | ||
|
11-9011
|
Johnson v. Hedgpeth
Order |
|
Apr. 30, 2012 | ||
|
S189733
|
People v. Cornett
Statute prohibiting specified sexual conduct 'with child who is 10 years of age or younger' includes victims who have not yet reached 11th birthday. |
Criminal Law and Procedure |
|
Apr. 30, 2012 | |
|
S185827
|
Kirby v. Immoos Fire Protection Inc.
Prevailing defendant is not entitled to attorney fees because claim for failure to provide rest breaks does not constitute ‘action brought for nonpayment of wages.’ |
Employment Law |
|
Apr. 30, 2012 | |
|
10-30278
|
U.S. v. Dorsey
Witness testimony about seeing defendant with gun prior to shooting is not made inadmissible by Federal Rule of Evidence 404(b) as evidence of ‘other crimes.’ |
Criminal Law and Procedure |
|
Apr. 30, 2012 | |
|
C061227
|
Diageo-Guinness USA Inc. v. State Board of Equalization
State Board of Equalization does not have authority to adopt classifications of alcoholic beverages different than those of Dept. of Alcoholic Beverages for purposes of taxation. |
Taxation |
|
Apr. 30, 2012 | |
|
C067277
|
Bush v. Horizon West
Denial of motion to compel arbitration is proper due to possibility of conflicting rulings between claims filed on behalf of mother and daughter’s emotional distress claim. |
Civil Procedure |
|
Apr. 30, 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 |
|
Apr. 30, 2012 | |
|
C066330
|
People v. Snow
Imposition of restitution for dental bill, which was caused by uncharged assault perpetrated on victim, does not violate 'Harvey' rule. |
Criminal Law and Procedure |
|
Apr. 30, 2012 | |
|
C066404
|
People v. Vela
Enhancement for fleeing scene of crime is supported by evidence where intoxicated driver disabled vehicle by hitting wall, and then attempted to leave. |
Criminal Law and Procedure |
|
Apr. 30, 2012 | |
|
B230574
|
People v. Valenzuela
Possession of personal identification of multiple victims does not constitute single offense because identity theft is unique theft crime and not mere possession crime. |
Criminal Law and Procedure |
|
Apr. 30, 2012 | |
|
A128973
|
People v. Larsen
Trial court errs by not giving jury instructions for mental disorder where defendant had Asperger's Syndrome and claimed to be 'role playing' when soliciting murder. |
Criminal Law and Procedure |
|
Apr. 30, 2012 | |
|
B229879
|
GECCMC 2005-C1 Plummer Street Office Limited Partnership v. NRFC NNN Holdings LLC
Loan guaranty is not triggered because leases were not terminated where lessor did not terminate lessee's right of possession with notice of termination. |
Real Property |
|
Apr. 30, 2012 | |
|
A130718
|
Elder v. Pacfic Bell Telephone Co.
PUC does not have exclusive jurisdiction to resolve lawsuit against telephone companies alleging inclusion of unauthorized charges on telephone bills. |
Administrative Agencies |
|
Apr. 30, 2012 | |
|
F057736
|
People v. Johnson
Defendants cannot be properly charged with conspiracy to actively participate in criminal street gang because criminal street gang is essentially form of conspiracy. |
Criminal Law and Procedure |
|
Apr. 29, 2012 | |
|
D057392
|
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 |
|
Apr. 29, 2012 | |
|
H035444
|
Cole v. Town of Los Gatos
Action for dangerous condition of public property must survive summary judgment when plaintiff presented evidence of condition and causal relationship. |
Torts |
|
Apr. 29, 2012 | |
|
11-1189
|
Cedano v. Aurora Loan Services LLC (In re Cedano)
Debtor’s adversary proceeding alleging wrongful foreclosure based on failure to comply with procedural requirements is properly dismissed because foreclosure sale had been completed. |
Bankruptcy |
|
Apr. 29, 2012 |
For reprint rights or to purchase a copy of your Daily Journal photo, email Jeremy_Ellis@dailyjournal.com for prices or call 213-229-5424. To buy more copies, call 866-531-1492 or email subscribe@dailyjournal.com