Thursday, March 17, 2011

Daily Opinion Summaries for California Case Law Summaries - 03/16/2011

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Daily Opinion Summaries
California Case Law Summaries

March 16, 2011 FindLaw.com Daily Opinion Summaries Newsletter

Table of Contents

LATEST SUMMARIES

Admiralty, Civil Procedure, Injury & Tort Law, Labor & Employment Law
Bartholomew v. SeaRiver Maritime, Inc.

Contracts, Property Law & Real Estate
Coronado Cays v. City of Coronado

Civil Procedure, Construction, Labor & Employment Law
Div. of Labor Standards v. Moreno Construction, Inc.

Civil Procedure, Labor & Employment Law
Hall v. Goodwill Industries

Criminal Law & Procedure, Evidence
People v. Rios

Civil Procedure, Contracts, Property Law & Real Estate
South Sutter v. LJ Sutter Partners

Construction, Education Law, Property Law & Real Estate, Remedies, Civil Procedure
Landvalue 77, LLC v. Bd. of Trustees of the California State University

Family Law
In re C.F.

Juvenile Law, Family Law
In re. B.T.

Sentencing, Criminal Law & Procedure
People v. Ramirez

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LATEST SUMMARIES

California Appellate Districts

Admiralty, Civil Procedure, Injury & Tort Law, Labor & Employment Law
Bartholomew v. SeaRiver Maritime, Inc., No. A127424
In an appeal arising under the Longshore and Harbor Workers Compensation Act, 33 U.S.C. section 901, et seq, the trial court's summary judgment in favor of defendant is affirmed where there is no triable issue of material fact that defendant breached a duty owed to plaintiff. Read more...

Contracts, Property Law & Real Estate
Coronado Cays v. City of Coronado, No. D056377
In a dispute involving the scope of a special use permit, judgment that defendant is responsible for maintaining a berm that supports bulkheads located on property within the subdivision of plaintiff is affirmed because grounds for appeal are without merit. Read more...





Civil Procedure, Construction, Labor & Employment Law
Div. of Labor Standards v. Moreno Construction, Inc., No. F059454
In a consolidated dispute involving violations of the state's prevailing wage law, Labor Code section 1742, trial court denial of motions by defendants for lack of subject matter jurisdiction is affirmed in the case of one defendant but reversed in the other where trial court had jurisdiction to entertain both motion on its merits. Read more...

Civil Procedure, Labor & Employment Law
Hall v. Goodwill Industries, No. B215860
In a dispute involving a claim of wrongful termination and retaliation under the Fair Employment and Housing Act, grant of summary judgment by trial court is affirmed where action was time-barred because one-year limitations period set forth in Government Code section section 12965(b) begins to run as of the date a right-to-sue notice is issued. Read more...

Criminal Law & Procedure, Evidence
People v. Rios, No. F059673
Conviction and sentencing for possessing a firearm after being previously convicted of a violent offense is upheld where his Fourth Amendment rights were not violated and he waived his statutory claim because of a failure to obtain a certificate of probable cause. Read more...

Civil Procedure, Contracts, Property Law & Real Estate
South Sutter v. LJ Sutter Partners, No. C059554
In a case involving the scope of a option agreement, trial court judgment in favor of defendant is affirmed where trial court correctly held that anti-SLAPP motion was timely and arose from the exercise of constitutional rights by defendant. Read more...

Construction, Education Law, Property Law & Real Estate, Remedies, Civil Procedure
Landvalue 77, LLC v. Bd. of Trustees of the California State University, No. F058451
In a challenge to the approval of a mixed-use development project by plaintiff, judgment by trial court is affirmed in part and reversed in part where the trial court was required by Public Resources Code section 21168.9 to issue a writ of mandate but did not abuse its discretion in refusing to enjoin construction. Read more...

Family Law
In re C.F., No. D058382
Trial court judgment terminating parental rights of petitioner to her children is affirmed where the beneficial parent-child relationship exception to adoption preference, Welf. and Inst. Code, section 366.26(c)(1)(B)(i), is inapplicable. Read more...

Juvenile Law, Family Law
In re. B.T., No. G044165
Judgment by juvenile court that it had jurisdiction over a child conceived during an unlawful sexual relationship between an adult and a minor, based on a risk to her of sexual abuse and neglect, is reversed in the absence of substantial evidence supporting jurisdiction. Read more...

Sentencing, Criminal Law & Procedure
People v. Ramirez, No. B220528
Conviction and sentencing for murder is upheld where defendant alleges incompetent investigation or presentation of evidence by trial counsel but fails to demonstrate that the overlooked evidence would have been exculpatory. Read more...

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