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Name Category Published
Orton v. Hoffman (In re Kayne)
Bankruptcy court properly imposes sanctions on attorney, who failed to ensure that client’s bankruptcy schedules listed payments on promissory note. 		Bankruptcy Jul. 29, 2011
Western States Glass Corp. of Northern California v. Barris (In re Bay Area Glass Inc.)
Creditor’s preferential transfer over $5,475 is not subject to exemption to avoidance under Bankruptcy Code. 		Bankruptcy Jul. 29, 2011
People v. Gonzales and Soliz
Court properly denies defendant’s request to inform penalty retrial jury of first jury’s verdict on counts not at issue in retrial. 		Criminal Law and Procedure Jul. 29, 2011
People v. Thomas
Joinder of two different murder charges does not prejudice defendant because murders were of same class and strength of evidence was evenly balanced. 		Criminal Law and Procedure Jul. 29, 2011
Greenway v. Schriro
Attempts to amend initial post-conviction petition are not procedurally barred or waived when no previous collateral proceeding took place. 		Criminal Law and Procedure Jul. 29, 2011
TrafficSchool.com Inc. v. Edriver Inc.
Injunction ordering website to provide splash screen disclaimer to every site visitor following Lanham Act violation constitutes burden on protected content. 		Intellectual Property Jul. 29, 2011
Hoye v. City of Oakland
City’s policy of enforcing ordinance only against anti-abortion speakers outside reproductive clinic is unconstitutional. 		Constitutional Law Jul. 29, 2011
U.S. v. Spentz
Court properly declines to give jury instruction regarding entrapment defense where agent's offer of potentially large reward did not amount to inducement. 		Criminal Law and Procedure Jul. 29, 2011
Estate of Amaro v. City of Oakland
Equitable estoppel applies where plaintiff believed she had valid constitutional claim, but was dissuaded from filing suit due to misrepresentations and stonewalling by police. 		Civil Rights Jul. 29, 2011
Rappaport v. Gelfand
Individual partner in limited liability partnership is not personally liable for dissociating partner’s buyout absent prior agreement to be held liable. 		Attorneys Jul. 29, 2011
In re Sampson
Amendment denying conduct credits to gang members does not violate ex post facto principles where inmate continues to demonstrate gang affiliation following statute’s effective date. 		Criminal Law and Procedure Jul. 29, 2011
Toyota Motor Corp. v. Superior Court (Stewart)
Court may not compel Japanese residents to attend depositions in California due to residency limitation in Code of Civil Procedure Section 1989. 		Civil Procedure Jul. 29, 2011
Wallace v. McCubbin
Court errs in denying defendant’s anti-SLAPP motion to strike claim that was based on unlawful detainer action where acts were protected by statute. 		Civil Procedure Jul. 28, 2011
Pickard v. Dept. of Justice
Informant’s status is ‘officially confirmed’ under Freedom of Information Act where he is called as witness in trial and identified as confidential informant. 		Government Jul. 28, 2011
Ingram v. Oroudjian
In determining awards of attorney fees, judges may rely on their own knowledge of customary rates and experience concerning reasonable and proper fees. 		Civil Procedure Jul. 28, 2011
Van Dusen v. U.S. District Court (Swift Transportation Co. Inc.)
District court, as opposed to arbitrator, should resolve claim of exemption from arbitration under Section 1 of Federal Arbitration Act before compelling arbitration. 		Civil Procedure Jul. 28, 2011
Misik v. D’Arco
Plaintiff’s failure to allege alter ego theory does not preclude motion to amend judgment where alter ego had virtual representation in underlying litigation. 		Corporations Jul. 28, 2011
Toyota Motor Corp. v. Superior Court (Stewart)
Court may not compel Japanese residents to attend depositions in California due to residency limitation in Code of Civil Procedure Section 1989. 		Civil Procedure Jul. 28, 2011
Cabrera v. Alam
Anti-SLAPP motion to strike defamation claim should be granted where statements regarding candidates at homeowners' association meeting were protected activity. 		Civil Procedure Jul. 28, 2011
A.J., a Minor
Juvenile court has jurisdiction over child at risk of emotional damage after mother attempted to remove child from father’s care with police assistance. 		Juveniles Jul. 28, 2011
Mission Viejo Emergency Medical Associates v. Beta Healthcare Group
Court errs in finding arbitration provision unenforceable when provision was clearly stated in insurance policy and disclosure of provision was not required. 		Contracts Jul. 28, 2011
Phillips, Spallas & Angstadt LLP v. Fotouhi
Court properly issues charging order against judgment debtor’s partnership interest against corporation, which was deemed to be mere continuation of partnership. 		Corporations Jul. 28, 2011
Ferguson v. City of Cathedral City
City properly reinstates employee's discharge where employee’s letter accusing city of misconduct constituted anticipatory repudiation of separation agreement. 		Contracts Jul. 28, 2011
Hunter v. County of Sacramento
Court errs in refusing to instruct jury pursuant to plaintiff’s proposed instruction regarding ‘custom or practice,’ which is vital to excessive force claim. 		Civil Rights Jul. 27, 2011
Cape Flattery Limited v. Titan Maritime LLC
Parties may agree to apply non-federal arbitrability law only where clear and unmistakable evidence shows such intent. 		Civil Procedure Jul. 27, 2011
Phifer v. Icelandair
Plaintiff does not have to prove that airline violated Federal Aviation Administration standards to establish 'accident' under Article 17 of Montreal Convention. 		Torts Jul. 27, 2011
Team Enterprises LLC v. Western Investment Real Estate Trust
Under CERCLA, manufacturer does not ‘arrange for disposal’ of hazardous substances where purpose of product is to recover hazardous substances, not disposal. 		Environmental Law Jul. 27, 2011
Citizens for Balanced Use v. Montana Wilderness Association
Conservation groups have right to intervene in action challenging agency’s interim order issued pursuant to prior litigation brought by groups. 		Civil Procedure Jul. 27, 2011
Hensel Phelps Construction Co. v. San Diego Unified Port District
Prevailing wage law applies to construction project where lease between public corporation and owner provided baseline rent that was reduced by 'rent credit.' 		Employment Law Jul. 27, 2011
People v. Mitchell
Sentence must be reduced where part of sentence was based on enhancement with which defendant was never charged and which he did not admit committing. 		Criminal Law and Procedure Jul. 27, 2011
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