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Name Category Published
U.S. v. Reveles
Non-judicial punishment administered by Navy is not criminal in nature and thus, does not implicate Double Jeopardy Clause. 		Criminal Law and Procedure Oct. 25, 2011
Doe v. Busby
Equitable tolling is appropriate for prisoner’s habeas petition where prior counsel’s actions were severely egregious and prisoner used reasonable diligence in pursuing petition. 		Criminal Law and Procedure Oct. 25, 2011
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 Oct. 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 Oct. 25, 2011
In re Lucero
California Supreme Court ruling, which held that shooting at occupied vehicle no longer provides predicate for application of felony-murder rule, applies retroactively. 		Criminal Law and Procedure Oct. 25, 2011
Molina v. Board of Administration, California Public Employees’ Retirement System (City of Oxnard)
Settlement funds are not ‘compensation’ to be used for computing employee’s pension where agreement did not grant employee right to characterize proceeds. 		Contracts Oct. 25, 2011
Gananian v. Wagstaffe
District attorneys do not have mandatory duty to investigate and prosecute alleged offenses related to expenditure of voter-approved school bond funds. 		Government Oct. 24, 2011
Baker v. W.C.A.B. (X.S.)
Order 		Oct. 21, 2011
Seabright Insurance v. U.S. Airways
Order 		Oct. 21, 2011
People v. Vangelder
Order 		Oct. 21, 2011
People v. Buza
Order 		Oct. 21, 2011
Streeter v. Superior Court (People)
Order 		Oct. 21, 2011
Concerned Citizens for Responsible Government v. West Point Fire Protection District
Order 		Oct. 21, 2011
Citizens for Responsible Equitable Environmental Development v. City of Chula Vista (TARGET)
Order 		Oct. 21, 2011
State Compensation Insurance Fund v. WallDesign Inc.
Statute of limitations for action to recover unpaid premium under workers’ compensation insurance policies runs on date final bill is sent. 		Insurance Oct. 21, 2011
Myers v. Holder
Order 		Oct. 21, 2011
U.S. v. Rizk
Although prior settlement does not preclude criminal restitution order, court improperly awards mortgage fraud victims amount greater than their actual losses. 		Criminal Law and Procedure Oct. 20, 2011
Marler v. E.M. Johansing LLC
Court errs in denying class certification without leave to amend class definitions to allow plaintiffs to more concisely identify class. 		Civil Procedure Oct. 20, 2011
People v. Hoover
Court is not limited to one year in determining length of time within which defendant must make periodic payments of probation fees. 		Criminal Law and Procedure Oct. 20, 2011
Baker v. WCAB
Annual cost of living adjustments for permanent disability indemnity are to be applied prospectively commencing on Jan. 1 of year following date of injured worker's eligibility. 		Workers' Compensation Oct. 20, 2011
Earl L. v. Superior Court (Orange County Social Services Agency)
Termination of parental rights hearing may be set by court where parent failed to demonstrate significant and consistent progress during reunification period. 		Juveniles Oct. 20, 2011
Dozier v. Shapiro
Court properly limits witness’s testimony to time of deposition where plaintiff repeatedly represented his role as treating physician, not expert witness. 		Civil Procedure Oct. 20, 2011
Adams v. Ford Motor Co.
Denial of motion to tax costs is proper where defendant's offer under California Code of Civil Procedure Section 998 was reasonable in light of plaintiffs' prior settlements. 		Civil Procedure Oct. 20, 2011
U.S. v. Wilkes
Court may compel defense witness’s immunity absent prosecutorial misconduct where fact-finding process would be distorted through prosecution’s decisions. 		Criminal Law and Procedure Oct. 19, 2011
Marciano v. Fahs (In re Marciano)
Unstayed state judgments entered against debtor following terminating sanctions are not default judgments and therefore, are not in bona fide dispute in bankruptcy proceedings. 		Bankruptcy Oct. 18, 2011
Smallwood v. Allied Van Lines Inc.
Foreign arbitration clause is unenforceable under Carmack Amendment where it contravenes mandate giving shipper right to select forum after dispute arises. 		Contracts Oct. 18, 2011
Fossen v. Blue Cross and Blue Shield of Montana Inc.
ERISA preempts state Health Insurance Portability and Accountability Act claim challenging insurer’s premium increase, but not action under state unfair insurance practices statute. 		Insurance Oct. 18, 2011
Smith v. Cimmet
Successor representative may assert legal malpractice action against attorneys, who predecessor representative retained to prosecute litigation on estate's behalf. 		Attorneys Oct. 18, 2011
Brennan v. Townsend & O’Leary Enterprises Inc.
Motion for judgment notwithstanding verdict is properly granted where sporadic incidents of alleged sexual conduct did not amount to pervasive harassment creating hostile work environment. 		Employment Law Oct. 18, 2011
American Honda Motor Co. Inc. v. Superior Court (Lee)
Class certification is improper where trial court applies erroneous legal assumption and individual inquiries predominate over common issues. 		Civil Procedure Oct. 18, 2011
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