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Name Category Published
Prellwitz v. Sisto
Court lacks jurisdiction to review district court’s order instructing Board of Parole Hearings to conduct new hearing because order was not final decision. 		Criminal Law and Procedure Sep. 22, 2011
GoPets Ltd. v. Hise
Re-registration of domain name does not violate Anticybersquatting Consumer Protection Act's prohibition on registration of names that are confusingly similar to service marks. 		Intellectual Property Sep. 22, 2011
People v. Superior Court (O’Connor)
Inability to complete evaluations due to increased workload and staff shortages is not ‘exigent circumstance’ establishing good cause for 45-day hold on release. 		Criminal Law and Procedure Sep. 22, 2011
Tomra Pacific Inc. v. Chiang
Loans between state funds to help balance state budget are lawful where provisions do not violate single-subject rule prohibiting legislation with multiple subjects. 		Government Sep. 22, 2011
Palmdale Hills Property LLC v. Lehman Commercial Paper Inc. (In re Palmdale Hills Property LLC)
Master repurchase agreements that clearly indicate parties’ intent that all transactions be treated as sales and purchases are true sales, not secured transactions. 		Bankruptcy Sep. 21, 2011
BAC Home Loans Servicing LP v. Abdelgadir (In re Abdelgadir)
Petition date is determinative date for whether claim is secured by debtor’s principal residence subject to anti-modification provision in Bankruptcy Code. 		Bankruptcy Sep. 21, 2011
Pacific Resource Credit Union v. Fish (In re Fish)
Creditor’s pre-deadline filings indicating amounts due on loans and intent to hold debtor liable constitute informal proof of claim, relating back to original filing. 		Bankruptcy Sep. 21, 2011
Lopez v. Pacific Maritime Association
Plaintiff’s claims for disparate treatment and impact fail where he did not present some evidence of one-strike rule's disparate impact on recovered addicts. 		Employment Law Sep. 21, 2011
Father M v. Various Tort Claimants
Court may not disclose priest’s personnel files based on mere allegations of sexual abuse, which did not create public interest outweighing confidentiality interests. 		Civil Procedure Sep. 21, 2011
Maya v. Centex Corp.
Homeowners have standing to sue housing developers for injuries allegedly caused by marketing neighboring homes to individuals with high risk of foreclosure. 		Real Property Sep. 21, 2011
U.S. v. Pool
Order 		Sep. 20, 2011
People v. Moses
Probation conditions are unconstitutionally overbroad because they fail to adequately inform defendant whether conduct will comply with conditions and lack scienter requirement. 		Criminal Law and Procedure Sep. 20, 2011
American Express Centurion Bank v. Zara
Proof of service containing untruthful description of defendant does not comply with personal service statutes to make service valid. 		Civil Procedure Sep. 20, 2011
U.S. v. Dugan
Statute prohibiting shipping and receiving of firearms through interstate commerce while using controlled substance does not violate Second Amendment. 		Criminal Law and Procedure Sep. 20, 2011
Kolev v. Euromotors West/The Auto Gallery
Written warranty provisions that mandate predispute binding arbitration are invalid under Magnuson-Moss Warranty Act. 		Contracts Sep. 20, 2011
Maronyan v. Toyota Motor Sales U.S.A. Inc.
Failure to initially resort to California Dispute Settlement Program before filing claim under Magnuson-Moss Warranty Act does not defeat subject matter jurisdiction. 		Contracts Sep. 20, 2011
U.S. v. Baker
District court exceeds its statutory authority when imposing DNA collection as condition of defendant’s probation following misdemeanor conviction. 		Criminal Law and Procedure Sep. 20, 2011
U.S. v. Ibarra-Pino
Defendant is not entitled to jury instruction on duress because he had reasonable opportunity to escape threatened harm via law enforcement. 		Criminal Law and Procedure Sep. 20, 2011
Hennigan v. White
Summary adjudication is proper where defendant showed that failure to perform patch test would not have revealed plaintiff’s subsequent allergic reaction to tattooing. 		Torts Sep. 20, 2011
County of Los Angeles v. Bankers Insurance Co.
Surety has 185-day period following date of bail forfeiture to file motion to exonerate bond. 		Criminal Law and Procedure Sep. 20, 2011
Tuszynska v. Cunningham
Anti-SLAPP statute applies to all claims based on protected petitioning activities, regardless of defendant’s alleged motive for such activities. 		Civil Procedure Sep. 19, 2011
Neil S. v. Mary L.
Alleged father does not have due process right to opportunity to develop relationship with children based on assertion that his relationship with them began in utero. 		Family Law Sep. 19, 2011
Comite De Jornaleros De Redondo Beach v. City of Redondo Beach
Ordinance that bars individuals from standing on street to solicit employment from occupants of motor vehicles is facially unconstitutional restriction on speech. 		Constitutional Law Sep. 19, 2011
Ellis v. Costco Wholesale Corp.
Court errs in granting class certification to employees alleging gender discrimination by relying only on admissibility of employees’ evidence to determine commonality. 		Civil Procedure Sep. 19, 2011
United Association Local Union 246 AFL-CIO v. Occupational Safety and Health Appeals Board (Dept. of Industrial Relations)
OSHA Board improperly requires agency, as part of its prima facie case, to demonstrate that 'controlling employer' was in position to abate violative condition. 		Labor Law Sep. 19, 2011
People v. Shields
Defendant in possession of multiple images of minor involved in sexual acts may be separately convicted for each piece of media involving same victim. 		Criminal Law and Procedure Sep. 19, 2011
Intermountain Fair Housing Council v. Boise Rescue Mission Ministries
Non-profit Christian organization does not violate Fair Housing Act where preference is given to religious guests at its residential drug treatment program and homeless shelters. 		Civil Rights Sep. 19, 2011
Luna v. Holder
Petitioner fails to show due diligence in discovering deadline for filing special motion to reopen and thus, is not entitled to equitable tolling of deadline. 		Immigration Sep. 19, 2011
Sherman v. SEC (In re Sherman)
Exception to discharge for securities-related wrongdoing does not apply where debtor is not culpable for securities violation that caused debt. 		Bankruptcy Sep. 19, 2011
People v. Amperano
Information naming specific victim is immaterial where trial proceeds on theory of intent to kill anyone inside house, giving defendant adequate notice of charge. 		Criminal Law and Procedure Sep. 19, 2011
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