| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B224034
|
Fuentes v. AutoZone Inc.
Jury’s verdict in favor of plaintiff is supported where plaintiff’s testimony was not inherently improbable and evidence of pervasive sexual harassment existed. |
Employment Law |
|
Nov. 17, 2011 | |
|
B226105
|
Southern California Gas Co. v. South Coast Air Quality Management District
Air quality management district's rule imposing monitoring requirements on natural gas distributor is reasonable because distributor derived gas from liquefied natural gas. |
Environmental Law |
|
Nov. 16, 2011 | |
|
B231019
|
Robey v. Superior Court (People)
Officer electing to seize package with strong odor of marijuana, instead of conducting immediate search, must obtain warrant before opening it. |
Criminal Law and Procedure |
|
Nov. 16, 2011 | |
|
B231779
|
Khodayari v. Mashburn
In legal malpractice action, former criminal defendant must obtain postconviction exoneration and show actual innocence of probation violations resulting from alleged malpractice. |
Attorneys |
|
Nov. 16, 2011 | |
|
A131495
|
Conservatorship of Cornelius
Conservator is entitled to fees and costs associated with temporary conservatorship rendered in good faith and for benefit of conservatee. |
Conservatorship |
|
Nov. 16, 2011 | |
|
E050935
|
Hoag v. Diedjomahor
Court properly grants visitation to grandparent, whose adult child had died, over surviving parent’s objection because reasons for objecting were not credible. |
Family Law |
|
Nov. 16, 2011 | |
|
A131333
|
Gravelin v. Satterfield
Hirers are not liable for independent contractor’s injury where hazard was created by contractor’s own misuse. |
Torts |
|
Nov. 16, 2011 | |
|
10-851
|
Stovall v. Miller
Order |
|
Nov. 15, 2011 | ||
|
11-282
|
Branch Banking and Trust v. Gordon
Order |
|
Nov. 15, 2011 | ||
|
11-305
|
McEwen v. Thompson
Order |
|
Nov. 15, 2011 | ||
|
11-159
|
Astrue v. Capato
Order |
|
Nov. 15, 2011 | ||
|
11-161
|
Armour v. Indianapolis
Order |
|
Nov. 15, 2011 | ||
|
11-393
|
Nat. Fed'n Indep. Business v. Sebelius, Sec. of H&HS
Order |
|
Nov. 15, 2011 | ||
|
11-400
|
Florida v. Dept. of H&HS
Order |
|
Nov. 15, 2011 | ||
|
11-398
|
Dept. of H&HS v. Florida
Order |
|
Nov. 15, 2011 | ||
|
11-400o
|
Florida v. Dept. of H&HS
Order |
|
Nov. 15, 2011 | ||
|
S188128
|
Los Angeles County Metropolitan Transportation Authority v. Alameda Produce Market LLC
Lenders’ withdrawal of portion of deposit in condemnation action constitutes as waiver only for withdrawing party, but not for nonwithdrawing property owner. |
Civil Procedure |
|
Nov. 15, 2011 | |
|
A131301
|
People v. Nelson
Definition of ‘driving’ under Vehicle Code Section 23123 prohibiting telephone use without hands free device includes use while momentarily stopped at traffic light. |
Criminal Law and Procedure |
|
Nov. 15, 2011 | |
|
A126056
|
Peninsula Guardians Inc. v. Peninsula Health Care District
Government entities generally may not use public funds to pay for campaign activities, but may use such funds to make election-related informational materials. |
Civil Procedure |
|
Nov. 15, 2011 | |
|
B224263
|
Salehi v. Surfside III Condominium Owners’ Association
Defendant is entitled to attorney fees incurred in defending voluntarily dismissed claims where dismissal is fault of plaintiff’s poor reasoning. |
Civil Procedure |
|
Nov. 15, 2011 | |
|
F060788
|
Honchariw v. County of Stanislaus
Local agency’s denial of housing development proposal must issue written findings of adverse impact where project complies with general plan and zoning standards. |
Government |
|
Nov. 15, 2011 | |
|
B226767
|
De Boni Corp. v. Del Norte Water Co.
Water company has discretion to allocate water rights that is different from historic water allocation in event of water shortage. |
Corporations |
|
Nov. 15, 2011 | |
|
B228847
|
Rich v. Thatcher
Heightened standard is properly applied to determine whether grandparent has overcome presumption that parent is acting in child’s best interest in denying visitation. |
Family Law |
|
Nov. 15, 2011 | |
|
B231310
|
Haligowski v. Superior Court (Pantuso)
Military and Veterans Code Section 394 allows members of armed forces to hold their employers, but not individual employees, liable for discrimination. |
Employment Law |
|
Nov. 14, 2011 | |
|
B227750
|
People v. Kingsberry
Court properly corrects sentencing error by increasing defendant’s term in prison from four years, which was unauthorized under sentencing triad, to six years. |
Criminal Law and Procedure |
|
Nov. 14, 2011 | |
|
B226324
|
People v. Hernandez
Defendant’s statements to police regarding victim’s consciousness, as well as victim's testimony, constitute substantial evidence supporting conviction for rape of unconscious person. |
Criminal Law and Procedure |
|
Nov. 14, 2011 | |
|
S065467
|
People v. Mendoza
Trial court lacks authority to strike lying-in-wait special circumstance where jury found special circumstance to be true. |
Criminal Law and Procedure |
|
Nov. 11, 2011 | |
|
G044336
|
Dzwonkowski v. Spinella
Motion for attorney fees, which were incurred in arbitration involving dispute over payment of attorney fees, is properly granted despite attorney's 'of counsel' title. |
Attorneys |
|
Nov. 11, 2011 | |
|
D059013
|
People v. Santana
Jury instruction on attempted mayhem, which included 'gunshot wound' as example, improperly focuses on intent to injure, instead of nature of injury. |
Criminal Law and Procedure |
|
Nov. 11, 2011 | |
|
07-99005
|
Schad v. Ryan
District court properly denies ineffective assistance of counsel claim at penalty phase without holding evidentiary hearing to consider additional mitigating evidence. |
Criminal Law and Procedure |
|
Nov. 11, 2011 |