Case Summaries
Family Law
Criminal Law & Procedure
Contracts
Family Law
[07/24]
Ordlock v. Comm'r of Internal Revenue
A tax court's determination that wife is ineligible for a refund under 26 U.S.C. section 6015 for payments on her husband's tax debt paid from their community property is affirmed, as nothing in section 6015 clearly preempts California community property law with respect to an innocent spouse's entitlement to a refund for a community property payment on the non-innocent spouse's federal income tax liability.
[07/23]
In re P.C.
In a family law matter, juvenile court order terminating defendant mother's parental rights to her daughter and son is reversed and remanded where poverty alone is not a sufficient ground to deprive a mother of parental rights to her children.
[07/22]
In re Esmeralda S.
Juvenile court's order terminating defendant-mother's parental rights to her child is affirmed over claims of error that: 1) defendant's due process rights were violated when the juvenile court appointed her a guardian ad litem; and 2) the juvenile court did not properly inquire into her and the minor's father's possible American Indian ancestry for purposes of complying with Indian Child Welfare Act.
[07/18]
In re Brandon T.
Order terminating mother's parental rights over her child is affirmed where: 1) there was sufficient evidence that the minor was specifically adoptable by his relative caretakers; 2) the Indian Child Welfare Act does not require more than one expert at a section 366.26 hearing; 3) there was sufficient evidence that continued custody would result in serious emotional or physical harm to the minor; and 4) mother was not prejudiced by a lack of evidence in regard to prevailing social and cultural standards of the minor's tribe.
[06/30]
Harper v. Division of Family Services
In a parental right adjudicatory proceeding, the court's decision to terminate respondent's parental rights and transfer of the minor to the Division of Family Services is affirmed where: 1) there was clear and convincing evidence to terminate parental rights; and 2) the state was able to prove that termination of parental rights was in the minor's best interest.
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Criminal Law & Procedure
[07/24]
People v. Lenix
In the context of Batson claims, evidence of comparative juror analysis must be considered in the trial court and even for the first time on appeal if relied upon by defendant and the record is adequate to permit the urged comparisons. A conviction for crimes arising from a fatal shooting is affirmed is affirmed over a Wheeler/Batson claim regarding jury selection.
[07/24]
People v. Evans
California law gives a criminal defendant the right to make a personal statement in mitigation of punishment but only while under oath and subject to cross-examination by the prosecutor.
[07/24]
People v. Cruz
Defendant's conviction and sentence in a death penalty case is affirmed over claims of error regarding: 1) Batson/Wheeler violation; 2) whether he was denied a right to an impartial jury because prospective jurors who were "death prone" were allowed to remain while "life prone" jurors were excused; 3) jury instruction; 4) admission of evidence; 5) a denial of discovery of certain officers' confidential personnel files; 6) a special circumstance for murder of a peace officer; 7) an escape from custody special circumstance; 8) a lying in wait special circumstance; 9) challenges to the death penalty statute; 10) a refusal to admit certain evidence; 11) a refusal to grant a continuance during the penalty phase; 12) factor (a) and racial bias; 13) international law; and 14) cumulative prejudice.
[07/24]
US v. Mulero-Algarin
In an appeal arising from a prosecution for importation and drug-trafficking, denial of a motion to compel the government to file a Rule 35(b) motion for a sentence reduction as well as a refusal to allow either discovery or an evidentiary hearing is affirmed where: 1) defendant failed to muster the requisite showing of improper motive on the part of the government; and 2) the district court did not abuse its discretion in refusing to grant the requested relief.
[07/24]
US v. Dalhouse
Conviction for possessing a gun while being an illegal-drug user is affirmed where: 1) defendant's confession was admissible independent of the rule requiring corroborating evidence to show that it was trustworthy; and 2) the government presented sufficient evidence in addition to the confession to support the jury's conviction.
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Contracts
[07/24]
In re: Citigroup, Inc. Capital Accumulation Plan Litig.
In an action challenging Citigroup's Capital Accumulation Plan, which gives certain employees the option of receiving part of their compensation as Citigroup stock, awarded at a discounted rate, dismissal and summary judgment rulings against plaintiffs are affirmed where certain forfeiture provisions at issue were unambiguous, and thereby enforceable.
[07/24]
MAC East, LLC, v. Shoney's, Inc.
In a diversity case involving a commercial real estate lease and a proposal by an assignee of that lease to sublease the real estate to a third party, grant of summary judgment for plaintiff-corporation as to liability on its tortious interference claim is reversed where: 1) defendant corporation was an "essential entity to the purported injured relations"; 2) both plaintiff and defendant were parties to the Assignment Agreement, and thus were "parties to a comprehensive interwoven set of contract or relations"; and 3) defendant cannot be a stranger to the sublease when consummation of the sublease would leave it obligated on the covenants on the ground lease, effectively forming a business relationship between it and proposed subleasee. A question regarding whether a commercial reasonableness standard tempers defendant's "sole discretion" to withhold consent to a proposed sublease is certified to the state supreme court.
[07/23]
KT&G Corp. v. Attorney Gen. of the State of Oklahoma
In litigation arising from states' Master Settlement Agreement with the four major tobacco companies, wherein non-participating tobacco manufacturers (NPMs) challenged two states' amendments to provisions of their escrow statutes reducing the amount of escrow funds refunded to plaintiffs each year, dismissal of the claims is affirmed where: 1) the Sherman Act did not preempt the Kansas and Oklahoma amendments at issue; and 2) plaintiffs' First Amendment, equal protection, due process, and Commerce Clause claims failed.
[07/23]
Union Oil Co. of California v. Greka Energy Corp.
Judgment ordering specific performance of defendant-corporation's contractual obligation to plaintiff-oil company to plug and abandon idle oil wells is affirmed where: 1)specific performance is preferred over the inadequate remedy of repetitive future damage actions where a party, as here, commits multiple breaches; and 2) plaintiff's action was not barred by the statute of limitations.
[07/23]
Rivkin v. Century 21 Teran Realty LLC
In a real estate matter, summary judgment for defendants is affirmed where defendants, acting as buyer's agents, did not breach a fiduciary duty to plaintiff by failing to disclose the representation of a competing bidder for the property plaintiff sought to purchase.
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