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Name Category Published
Los Angeles, County of v. Lopez
Order
Nov. 25, 2011
U.S. v. Rudd
Imposition of residency restriction on sex offender as special condition of supervised release is improper in absence of district court’s explanation.
Criminal Law and Procedure Nov. 25, 2011
Davis-Miller v. Automobile Club of Southern California
Court properly denies class certification in action alleging motor club engaged in false advertising and unnecessarily replaced batteries because common issues did not prevail.
Business Law Nov. 25, 2011
Z.K., a Minor
Absent clear and convincing evidence that custody would be detrimental to minor, termination of mother’s parental rights violates constitutional right to custody.
Juveniles Nov. 25, 2011
Perez-Mejia v. Holder
Government is relieved of burden of offering further evidence to prove removability because alien admitted conviction and conceded removability at pleading stage.
Immigration Nov. 25, 2011
Levin v. United States
Gonzalez Act does not waive government’s sovereign immunity as to common law battery claims, which Federal Tort Claims Act preserves.
Torts Nov. 25, 2011
Sacks v. Dietrich
Arbitral immunity bars claims against arbitrators, who disqualified party from representing client, where plaintiff’s claims arose out of decisional act.
Civil Procedure Nov. 25, 2011
Sanchez v. Valencia Holding Co. LLC
Arbitration provision is unconscionable where it involves surprise due to unequal bargaining power and contains harsh one-sided terms, regardless of validity of class action waiver.
Contracts Nov. 25, 2011
City of Scotts Valley v. County of Santa Cruz
Court incorrectly interprets tax allocation statutes where shift in property tax revenues applied to low-property tax city incorporated before enactment of Proposition 13.
Taxation Nov. 25, 2011
Hunter W., a Minor
Court abuses its discretion in denying parents adequate opportunity for fair hearing as to alleged change of circumstances before proceeding with permanency hearing.
Juveniles Nov. 23, 2011
Bullis Charter School v. Los Altos School District
School district violates Charter Schools Act by failing to accurately measure all facilities of comparable public schools and accurately describe facilities offered to charter school.
Education Nov. 23, 2011
Doe v. Reed
Order
Nov. 23, 2011
Friends of Shingle Springs Interchange Inc. v. County of El Dorado (Convenience Retailers LLC)
Doctrine of substantial compliance with corporate suspension statutes does not apply in CEQA and Planning and Zoning law challenges to avoid statutes of limitations.
Environmental Law Nov. 23, 2011
In re Hernandez
Board of Parole Hearings properly denied parole where prisoner's deceitfulness posed current risk to society and he continued to blame another person.
Criminal Law and Procedure Nov. 23, 2011
Greater Yellowstone Coalition Inc. v. Servheen
Rule removing Yellowstone grizzly bear from list of threatened wildlife is improper due to unsupported determination that decline in food source would not threaten bear.
Environmental Law Nov. 23, 2011
Nungaray v. Litton Loan Servicing LP
Homeowner’s failure to meet obligation as precondition to receiving loan modification does not obligate bank to provide loan modification.
Real Property Nov. 23, 2011
Linear Technology Corp. v. Tokyo Electron Ltd.
Motion for judgment notwithstanding verdict is properly denied where jury determined that plaintiff could not prove breach of statutory warranty based on sale of goods involved in prior litigation.
Contracts Nov. 23, 2011
Glass on Admission
Order
Nov. 22, 2011
Retired Employees Association of Orange County Inc. v. County of Orange
County may be bound by implied contract creating vested right to health benefits for county employees where no legislative prohibition exists.
Contracts Nov. 22, 2011
Laster v. AT&T Mobility LLC
Order
Nov. 22, 2011
Albano v. Shea Homes Limited Partnership
State Supreme Court's answers to certified questions definitively resolve litigation where rules within answers are not limited to prospective application.
Civil Procedure Nov. 22, 2011
U.S. v. Tadio
When court determines that defendant has provided substantial assistance to government, court may consider factors other than assistance in further reducing sentence.
Criminal Law and Procedure Nov. 22, 2011
Nachshin v. AOL LLC
Proposed cy pres distribution following class action settlement fails to meet proper standards where donations did not relate to objectives of underlying statutes.
Civil Procedure Nov. 22, 2011
NLRB v. Legacy Health System
Court does not have jurisdiction to hear exceptions to NLRB's remedial order even if petition for enforcement was filed two days after order was entered.
Labor Law Nov. 22, 2011
U.S. v. Valdez
Based on collateral order doctrine, court lacks jurisdiction to review appeal of order denying appointment of replacement counsel.
Criminal Law and Procedure Nov. 22, 2011
Kight v. CashCall Inc.
Corporation may be liable for illegal eavesdropping where same entity employed supervisors who monitored conversations and known parties to conversations.
Corporations Nov. 22, 2011
Hopkins & Carley v. Gens
Motion to set aside judgment based on mistake is properly denied where defendant offered no coherent explanation for failure to raise alleged defense sooner.
Civil Procedure Nov. 22, 2011
Doe v. United States Swimming Inc.
Court does not abuse discretion in refusing to hold in camera document inspection prior to imposing sanctions for defendant’s discovery abuse.
Civil Procedure Nov. 22, 2011
Rose v. Bank of America N.A.
Unfair competition law action fails where based on claim that bank violated Truth in Savings Act by failing to notify plaintiffs of fee increases on deposit accounts.
Banking Nov. 22, 2011
Wallman v. Suddock
Insurer is entitled to summary judgment that no potential for indemnity exists where insurer's umbrella policy specifically did not cover subject property.
Insurance Nov. 21, 2011