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Name Category Published
People v. Le
Order
Dec. 23, 2011
United Parcel Service Wage and Hour Cases
Order
Dec. 23, 2011
People v. Rivas
Order
Dec. 23, 2011
Burton (Hency) on H.C.
Order
Dec. 23, 2011
People v. Ahmed
Court may impose weapon and great-bodily-injury sentencing enhancements for same act under specific statute, despite general statute’s prohibition.
Criminal Law and Procedure Dec. 23, 2011
A.S., a Minor
Court may exert jurisdiction based on evidence indicating child was exposed to substantial risk of serious harm where parents could not be ruled out as perpetrators.
Juveniles Dec. 23, 2011
Drake v. Obama
Plaintiffs alleging that President Obama is ineligible for presidency based on lack of citizenship do not have standing due to insufficient injury-in-fact.
Constitutional Law Dec. 23, 2011
Collins v. eMachines Inc.
Computer manufacturer’s active concealment of known defect in its computer violates Consumer Legal Remedies Act’s proscription against deceptive practices.
Business Law Dec. 23, 2011
Opinion of Harris
Private smokers lounge attached to tobacco shop, which serves alcoholic beverages, is not exempt from requirement to maintain smoke-free workplace.
Labor Law Dec. 23, 2011
People v. Hunter
'Pinpoint instruction,' which lightened prosecution’s burden to prove firearm enhancement, is erroneous, but does not require reversal because error was harmless.
Criminal Law and Procedure Dec. 23, 2011
Little v. Amber Hotel Co.
Tortious interference with contract claim does not fail when third party impaired attorney's lien on attorney fee award made by court in underlying action.
Torts Dec. 23, 2011
American Civil Liberties Union of Northern California v. Superior Court (California Dept. of Corrections and Rehabilitation)
Dept. of Corrections and Rehabilitation may not withhold names of pharmaceutical companies from which it sought to obtain drug used in executing condemned inmates.
Government Dec. 22, 2011
Lona v. Citibank N.A.
Loan agreement provided by bank may be unconscionable where homeowner presented sufficient evidence that bank failed to consider income and credit.
Real Property Dec. 22, 2011
Aleman v. AirTouch Cellular
Prevailing employer may not recover attorney fees where split shift compensation claim fell within minimum wage regulation allowing one-way fee shifting rule.
Employment Law Dec. 22, 2011
People v. Blackwell
Juvenile's sentence of life without possibility of parole does not exceed punishment allowable absent jury determination of age at time of offenses.
Juveniles Dec. 22, 2011
In re Lira
Defendant is not entitled to credit for period of continued incarceration following erroneous denial of parole, but is entitled to credit following Governor’s erroneous veto.
Criminal Law and Procedure Dec. 22, 2011
SJCBC LLC v. Horwedel
Petitioners seeking to rescind nuisance abatement orders need not exhaust administrative remedies where they could not directly initiate hearing under municipal code.
Government Dec. 22, 2011
Pioneer Construction Inc. v. Global Investment Corp.
Complaint to foreclose on mechanic’s lien is timely where time period is tolled during bankruptcy proceedings.
Bankruptcy Dec. 22, 2011
Dow Chemical Canada ULC v. Superior Court (Fandino)
Knowledge that foreign manufacturer’s end product may eventually be sold in forum state, without more, is insufficient to confer jurisdiction over manufacturer.
Civil Procedure Dec. 22, 2011
R.D. v. P.M.
Sufficient evidence supports second restraining order following pattern of harassment resuming after first restraining order’s expiration.
Civil Procedure Dec. 22, 2011
Hillside Memorial Park v. Golden State Water Company (Water Replenishment District)
Order
Dec. 22, 2011
Estate of Giraldin
Order
Dec. 22, 2011
Adoption of Myah M.
Court properly declines to refer case to child welfare agency before issuing guardianship order because parents consented to guardianship.
Family Law Dec. 21, 2011
People v. Lowery
Although jury was not instructed on objective test for determining whether statement is 'true threat,' lack of instruction does not affect judgment of conviction.
Criminal Law and Procedure Dec. 21, 2011
Retired Employees Association of Orange County, Inc. v. County of Orange,
Order
Dec. 21, 2011
People v. Covarrubias
Court errs in admitting expert testimony concerning practices of drug trafficking organizations where no evidence is presented associating defendant with such organization.
Criminal Law and Procedure Dec. 21, 2011
UMG Recordings Inc. v. Shelter Capital Partners LLC
Digital Millenium Copyright Act limits copyright infringement liability of video service provider whose automated process allowed website users to upload possibly infringing content.
Intellectual Property Dec. 21, 2011
Barnes v. Belice (In re Belice)
Debtor's alleged misrepresentations are dischargeable 'statements respecting debtor's financial condition' if they purported to present picture of overall financial health.
Bankruptcy Dec. 21, 2011
Tiffin Motorhomes Inc. v. Superior Court (Cummins Inc.)
Defendant-manufacturers being sued under separate warranties are not ‘co-obligators on single contract’ under Code of Civil Procedure Section 877.6.
Civil Procedure Dec. 21, 2011
Frittelli Inc. v. 350 North Canon Drive LP
Commercial lease tenants may agree to limit scope of covenant-based claims and ordinary negligence claim where public interest is not implicated.
Real Property Dec. 21, 2011