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Name Category Published
In re Juan D.
Order
Dec. 16, 2011
Alston v. Read
Prison official does not have clearly established duty to review prisoner’s original court records beyond those in institutional file in determining prisoner’s overdetention claim.
Constitutional Law Dec. 15, 2011
Gonzalez v. Southern California Gas Co.
Natural gas distributor does not owe legal duty of care to driver, who died after striking gas meter assembly located substantial distance from street on private property.
Torts Dec. 15, 2011
Baeza v. Superior Court (Castle & Cooke California Inc.)
Builder who opts out of statutory nonadversarial prelitigation procedures in lieu of own contractual prelitigation procedures is not subject to disclosure requirements under statute.
Real Property Dec. 15, 2011
Voit v. Superior Court (Montano)
Court clerk’s office violates petitioner’s right to access courts where refusing to file form that complies with court rules.
Civil Procedure Dec. 15, 2011
Avenida San Juan Partnership v. City of San Clemente
City's refusal to lift land use restrictions on parcel surrounded by land, on which greater number of dwellings are allowed per acre, constitutes taking.
Real Property Dec. 15, 2011
Provost v. Regents of the University of California
Attorney may be designated as party representative authorized to sign settlement stipulation on corporate party’s behalf.
Civil Procedure Dec. 15, 2011
People v. Gonzales
Order
Dec. 15, 2011
Starpoint Properties LLC v. Namvar
Appeal filed after deadline is untimely and is not extended by motion to set aside judgment if motion itself was untimely filed.
Civil Procedure Dec. 14, 2011
Sullivan v. Oracle Corp.
Application of overtime provisions in California Labor Code to work performed in California by out-of-state plaintiffs does not violate Due Process Clause or Dormant Commerce Clause.
Employment Law Dec. 14, 2011
City of San Diego v. Board of Trustees of the California State University
Agency erroneously concludes that its inability to obtain funding from Legislature in mitigating project’s environmental effects is sufficient for CEQA compliance.
Environmental Law Dec. 14, 2011
Kennedy v. Eldridge
Non-client mother may file motion to disqualify attorney, who represented his son in custody dispute, where excessive familial entanglements presented appearance of impropriety.
Attorneys Dec. 14, 2011
Salazar, Sec. of Interior v. Patchak
Order
Dec. 13, 2011
S.Y. v. S.B.
Trial court properly declares woman to be second, same-sex parent where she received children into family home and held them out as her natural children.
Administrative Agencies Dec. 13, 2011
Henry v. Red Hill Evangelical Lutheran Church of Tustin
Religious association is not liable for wrongful termination where employee’s termination was due to violation of church precept.
Employment Law Dec. 13, 2011
Judulang v. Holder
Agency’s approach in determining alien’s deportability is reversed where determinations result in arbitrary decisions based on factors irrelevant to immigration system.
Administrative Agencies Dec. 13, 2011
Hardy v. Cross
Federal court errs in overturning state court’s reasonable decision regarding witness’s unavailability.
Criminal Law and Procedure Dec. 13, 2011
Radlax Gateway Hotel, et al. v. Amalgamated Bank
Order
Dec. 13, 2011
Arizona, et al. v. United States
Order
Dec. 13, 2011
Match-E-Be-Nash-She-Wish Band v. Patchak
Order
Dec. 13, 2011
Merolillo v. Yates
Expert testimony entered in violation of defendant’s confrontation rights regarding key causation issue in murder trial is not harmless error.
Criminal Law and Procedure Dec. 13, 2011
M.B., a Minor
Juvenile court has authority to consider social worker’s report, including hearsay contained therein, when issuing injunction against parent in dependency proceedings.
Juveniles Dec. 13, 2011
Pirjada v. Superior Court (Pacific National Security Inc.)
Although potential class members’ contact information is generally discoverable, there is no right to precertification class discovery and court must weigh abuse potential.
Civil Procedure Dec. 13, 2011
People v. Guzman
Medi-Cal fraud conviction is supported by sufficient evidence where defendant knew he was not entitled to payment for less expensive device when submitting claim.
Criminal Law and Procedure Dec. 13, 2011
George v. Automobile Club of Southern California
Court properly sustains demurrer after determining extrinsic evidence does not support interpretation to which contract is reasonably susceptible.
Insurance Dec. 13, 2011
In re Kinney
Attorney, who was declared vexatious litigant, may not use puppet plaintiff to pursue continued litigation.
Civil Procedure Dec. 12, 2011
Community Water Coalition v. Santa Cruz County Local Agency Formation Commission (City of Santa Cruz)
Prospective recipient of city services may apply for approval of services if city indicates willingness to provide services and is party to agreement for which approval is sought.
Government Dec. 12, 2011
Bravo v. City of Santa Maria
Judicial deception claim must survive summary judgment where genuine issue exists as to whether officer’s omission of material fact was intentional or reckless.
Civil Rights Dec. 12, 2011
Cargill Inc. v. Souza
Signatories to contract are entitled to attorney fees incurred in defending against lawsuit filed by third party beneficiary, which would have been entitled to fees had it prevailed.
Contracts Dec. 12, 2011
Allende v. Dept. of the California Highway Patrol
Agency’s policy of seeking recovery of costs incurred for every DUI arrest following dispatch of officer is not overbroad under Government Code Section 53150.
Government Dec. 12, 2011