| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S197493
|
People v. Le
Order |
|
Dec. 23, 2011 | ||
|
S197722
|
United Parcel Service Wage and Hour Cases
Order |
|
Dec. 23, 2011 | ||
|
S197364
|
People v. Rivas
Order |
|
Dec. 23, 2011 | ||
|
S192095
|
Burton (Hency) on H.C.
Order |
|
Dec. 23, 2011 | ||
|
S191020
|
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 | |
|
D059706
|
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 | |
|
09-56827
|
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 | |
|
C066092
|
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 | |
|
09-507
|
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 | |
|
A130641
|
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 | |
|
B227518
|
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 | |
|
A131111
|
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 | |
|
H036140
|
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 | |
|
B231142
|
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 | |
|
A128197
|
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 | |
|
H036162
|
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 | |
|
H036369
|
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 | |
|
B225685
|
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 | |
|
B222609
|
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 | |
|
B229681
|
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 | |
|
S197767
|
Hillside Memorial Park v. Golden State Water Company (Water Replenishment District)
Order |
|
Dec. 22, 2011 | ||
|
S197694
|
Estate of Giraldin
Order |
|
Dec. 22, 2011 | ||
|
A130811
|
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 | |
|
E047614
|
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 | |
|
09-56026
|
Retired Employees Association of Orange County, Inc. v. County of Orange,
Order |
|
Dec. 21, 2011 | ||
|
D058298
|
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 | |
|
09-55902
|
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 | |
|
10-1423
|
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 | |
|
E054040
|
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 | |
|
B228487
|
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 |