Section 220 of the California Education Code1 prohibits discrimination based on a number of protected characteristics, including sexual orientation, in any program or activity conducted by an educational institution "that receives, or benefits from, state financial assistance or enrolls pupils who receive state student financial aid." In this case, we are called on to determine: (1) the elements o... More...   $0 (10-10-2008 - CA)

Alex Kane, Chad Allison, Capt. Jason Hewitt and Capt. John Ghiotto sued City of San Diego seeking damages and injunctive relief after being ordered to participate in a gay pride parade in 2007. The claimed that their participation in the parade was a form of "compelled speech" under the California constitution because it could be construed as an endorsement of certain political messages. The plai... More...   $0 (10-11-2008 - CA)

In 1978, the City of Rancho Palos Verdes enacted an ordinance imposing a moratorium on the construction of new homes in the vicinity where landslides had recently occurred. Plaintiffs own vacant lots covered by the moratorium. Some have been waiting over 30 years to build homes on their properties. Plaintiffs’ lots are zoned for single-family dwellings.

Eventually, the city council establ... More...   $0 (10-01-2008 - CA)

This appeal arises out of the termination of a franchise agreement. Appellants Jay Bharat Developers, Inc. (Jay Bharat), Jay Bharat Resorts, Inc., Bipin Morari (Morari), and Chandrakant Patel (Patel), the franchisees, challenge a trial court order granting the motion for a preliminary injunction of respondents Jim Minidis (Jim), Lynn Minidis (Lynn),1 Red Brick Pizza Worldwide, Inc. (Red Brick Pizz... More...   $0 (10-09-2008 - CA)

In this appeal, clothing retailer Pacific Sunwear of California, Inc. (PacSun) appeals a trial court order granting summary judgment in favor of Olaes Enterprises, Inc. (Olaes) in PacSun's breach of warranty lawsuit. The lawsuit alleges that Olaes breached the warranty contained in section 2312, subdivision (3) of the California Uniform Commercial Code (hereafter section 2312(3)), which requires c... More...   $0 (10-10-2008 - CA)

The Los Angeles Unified School District (LAUSD or District) pays adult education teachers a regular periodic amount, identified as a “salary” in the applicable collective bargaining agreement, figured by multiplying a flat hourly rate for each hour of classroom teaching. LAUSD does not pay for additional time spent outside of classroom instruction for preparation, grading or other tasks in con... More...   $0 (10-10-2008 - CA)

Stonehouse Homes LLC (Stonehouse) appeals an order (judgment) of dismissal entered after the trial court sustained a demurrer to Stonehouse’s complaint for declaratory relief with leave to amend, and Stonehouse declined to amend. Stonehouse seeks a declaration that resolution No. 06-024 (moratorium resolution) was enacted by respondents the City of Sierra Madre (City) and the Sierra Madre City C... More...   $0 (10-10-2008 - CA)

We hold an agreement by which a lender agreed to forbear from exercising the right of foreclosure under a deed of trust securing an interest in real property comes within the statute of frauds. We also conclude the borrowers in this case failed as a matter of law to establish estoppel to assert the statute of frauds. As a result, we affirm a judgment declaring valid a notice of default and electio... More...   $0 (10-10-2008 - CA)

Plaintiff-appellant Centerprise International, Ltd. (“Centerprise”), a British computer manufacturer that purchased dynamic random access memory (“DRAM”) outside of the United States, appeals the district court’s dismissal of its complaint for lack of subject matter jurisdiction under the Foreign Trade Antitrust Improvement Act of 1982 (“FTAIA”), 15 U.S.C. § 6a, amending the Sherman... More...   $0 (10-10-2008 - CA)

This appeal requires us to decide whether 42 U.S.C. § 233(a) establishes the Federal Tort Claims Act (FTCA) as the exclusive remedy for constitutional violations committed by officers and employees of the Public Health Service (PHS), precluding the cause of action recognized in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971). We hold that it does not. Fa... More...   $0 (10-02-2008 - CA)

This consolidated appeal requires us to decide, inter alia, whether the Civil Asset Forfeiture Reform Act of 2000 (“CAFRA”) permits district courts to authorize ex parte extensions of the deadline to file civil forfeiture complaints. We hold that it does. We further hold that, in the event of a dismissal of a civil forfeiture complaint by the court, a district court retains jurisdiction to adj... More...   $0 (10-03-2008 - CA)

We must decide whether Jeanne E. Caldwell, who asserts an interest in being informed about how teachers teach the theory of evolution in biology classes, has standing to pursue an Establishment Clause claim arising out of her offense at the discussion of religious views on the “Understanding Evolution” website created and maintained by the University of California Museum of Paleontology and fu... More...   $0 (10-08-2008 - CA)

Jacobs Farm/Del Cabo sued Western Farm Service on a negligence theory claiming that Defendant failed to exercise due care when applying pesticide on neighboring farms and, as a direct result, the chemicals contaminated the culinary herbs grown by and and it could not harvest the herbs and was damaged.... More...   $1000000 (10-04-2008 - CA)

California Uniform Commercial Code (CUCC) section 9332, subdivision (b)1 reads, “A transferee of funds from a deposit account takes the funds free of a security interest in the deposit account unless the transferee acts in collusion with the debtor in violating the rights of the secured party.” This case presents a very narrow question— one of first impression in California: Is an unsecured ... More...   $0 (10-01-2008 - CA)

This case arises from the settlement of a complex of securities fraud cases involving the sale of municipal bonds for renovation and construction of health care facilities. The litigation was commonly referred to as the In re Heritage Bond Litigation. The district court ultimately approved multiple settlement agreements between different plaintiffs and defendants pursuant to Federal Rule of Civil ... More...   $0 (10-01-2008 - CA)

Does damage to a new automobile in a dealer’s inventory, however minor and regardless of repair, necessarily strip the vehicle of its status as “new” under the Consumers Legal Remedies Act (CLRA; Civ. Code, § 1750 et seq.)? After considering the Vehicle Code’s definition of “new vehicle” (§ 430), and its damage disclosure (§§ 9990-9993) and safe harbor provisions for minor repaired... More...   $0 (09-24-2008 - CA)

If a trial court grants a motion to quash service of summons due to lack of personal jurisdiction over a foreign defendant, does the court have jurisdiction thereafter to rule upon that defendant’s motion for attorney fees? We conclude that it does.

I. BACKGROUND

Plaintiffs Bryan and Shelley Shisler are California residents. In or about June 2004, plaintiffs saw a car they liked on... More...   $34492 (09-25-2008 - CA)

Wiley v. County of San Diego (1998) 19 Cal.4th 532 (Wiley) held that factual innocence is an element of a legal malpractice action stemming from representation in an underlying criminal trial. Later, Coscia v. McKenna & Cuneo (2001) 25 Cal.4th 1194 (Coscia) held that the legal malpractice plaintiff must obtain postconviction exoneration in the underlying case in order to establish the element of f... More...   $0 (09-25-2008 - CA)

Appellant Carlyne McKenney brought this civil action against respondent Purepac Pharmaceutical Company (Purepac) and other defendants. Appellant alleges that she was injured as a result of using the prescription drug metoclopramide manufactured by Purepac. The superior court sustained Purepac’s demurrer to McKenney’s fourth amended complaint and entered judgment in favor of Purepac. The pleadi... More...   $0 (09-25-2008 - CA)

A newspaper, petitioner Freedom Communications, Inc., doing business as The Orange County Register (The Register), seeks extraordinary relief from an order enjoining it from reporting on trial testimony in a case in which it is the defendant. As explained below, we find this order an impermissible prior restraint violative of both the United States and California Constitutions. Finding plain error... More...   $0 (09-29-2008 - CA)

An attorney represents an elderly client and does not disclose his conflict of interest and its consequences. As this case demonstrates, the attorney brings financial harm to his client, institutional harm to his profession, and catastrophic harm to himself. Eddie B. Jamison, a licensed attorney, appeals a judgment for damages, attorney fees and costs based on legal malpractice, breach of fiduciar... More...   $0 (10-01-2008 - CA)

The instant case presents a textbook example of how easy it is to confuse the difference between “necessary” and “sufficient” conditions. In California, all computer software subject to property tax is “bundled” (i.e., comes preinstalled on the computer when you buy it). But not all “bundled” computer software is subject to property taxation. Certain kinds of software are not subje... More...   $0 (10-01-2008 - CA)

Appeal from a judgment of the Superior Court of Orange County, Sheila Fell, Judge. Affirmed. James Toledano for Plaintiff and Appellant. Daley & Heft, LLP, Robert W. Brockman and Golnar J. Fozi, for Defendant and Respondent.

Robert Gunn appeals from a judgment in favor of Mariners Church, Inc., in his action for defamation, invasion of privacy, and intentional infliction of emotional distre... More...   $0 (10-01-2008 - CA)

California Uniform Commercial Code (CUCC) section 9332, subdivision (b)1 reads, “A transferee of funds from a deposit account takes the funds free of a security interest in the deposit account unless the transferee acts in collusion with the debtor in violating the rights of the secured party.” This case presents a very narrow question— one of first impression in California: Is an unsecured ... More...   $0 (10-01-2008 - CA)

The district court concluded that the U.S. Patent and Trademark Office “improperly revived” U.S. Patent No. 7,056,215 after it was abandoned during prosecution, and therefore held it (and the continuation patent that followed it) invalid on summary judgment. We conclude that “improper revival” is not a cognizable defense in an action involving the validity or infringement of a patent. Thus... More...   $0 (09-26-2008 - CA)

Qualcomm Incorporated (“Qualcomm”) appeals from a jury’s determination that Qualcomm infringed U.S. Patents No. 6,847,686 (“the ’686 patent”), No. 5,657,317 (“the ’317 patent”), and No. 6,389,010 (“the ’010 patent”), owned by Broadcom Corporation (“Broadcom”). Qualcomm also appeals from the district court’s issuance of a permanent injunction against Qualcomm. Because ... More...   $20000000 (09-26-2008 - CA)

This case involves alleged infringement by Gateway, Inc. (“Gateway”), Microsoft Corporation (“Microsoft”), and Dell Inc. (“Dell”) of two patents owned by Lucent Technologies, Inc. (“Lucent”). After a jury verdict of infringement and a damages award of $1,538,056,702, the district court granted judgment as a matter of law (“JMOL”), and alternatively a new trial, on infringement ... More...   $1500000000 (09-26-2008 - CA)

This case requires us to consider whether a former employee who has received a full distribution of his or her account balance under a defined contribution pension plan has standing as a plan participant to file suit under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq., to recover losses occasioned by a breach of fiduciary duty that allegedly reduced the amo... More...   $0 (09-19-2008 - CA)

Cara Burke appeals the district court’s order granting summary judgment to Pitney Bowes Inc. Long-Term Disability Plan on Burke’s claims arising from the Plan Employee Benefits Committee’s termination of her long-term disability benefits. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we vacate and remand for further proceedings consistent with this opinion and the Supreme Court’s... More...   $0 (09-24-2008 - CA)

We must decide whether a district court abused its discretion in denying a physician a preliminary injunction to halt his temporary suspension from California’s Medi-Cal program based on his claims that such suspension violates federal Medicaid law and is prohibited by the Due Process Clause of the Fourteenth Amendment.

I

A

Medicaid is a cooperative federal-state program tha... More...   $0 (09-23-2008 - CA)

In this appeal, we consider when it is appropriate to afford government entities discretionary immunity under NRS 41.032(2) in the context of accepting and rejecting bids for public works projects. More specifically, we examine whether a government entity can be held liable in tort for replacing a subcontractor on a public works project bid before accepting the contractor’s bid, based on the gu... More...   $0 (09-11-2008 - CA)

This action is before us for the third time on appeal.1 Plaintiffs and appellants John T. Mills, Peter A. and Cameron Howe Ministri; Thomas B. and Rosemary K. Mills TTEE; Jonathan A. Rauh; Eric W. Holt; Chris D. Wong; Donne Goodrich, as the executor of the estate of Juliette P. Goodrich;2 Evelyn W. Howe; and the Howe Family Corporation (collectively, Plaintiffs) challenge three rulings by the tria... More...   $0 (09-10-2008 - CA)

Appellant, Window Fashions Professionals, Inc. (WFP), a Texas Corporation, sold a window coverings franchise to respondents, Ron Winter and Rochelle Winter. The franchise agreement provided that, in the event of a dispute between the parties, binding arbitration would be held in Texas and Texas law would be applied. However, the Uniform Franchise Offering Circular provided by WFP stated that the a... More...   $0 (09-10-2008 - CA)

Plaintiff, Forough Nadaf-Rahrov, appeals from the granting of summary judgment in favor of defendants on her various claims of employment discrimination. We reverse in part.

FACTUAL HISTORY

Forough Nadaf-Rahrov began working as a clothes fitter for The Neiman Marcus Group, Inc. (Neiman Marcus) in Dallas, Texas in April 1985. In the mid-1990s, she transferred to a fitter position in t... More...   $0 (09-11-2008 - CA)

The City of Los Angeles appeals from an order awarding expert witness fees to an employee who prevailed on a retaliation claim under the Fair Employment and Housing Act (FEHA). The City contends, as it did below, that the employee’s motion was untimely filed, and that the trial court had no discretion to award expert witness fees for experts not ordered by the court. Both contentions are without... More...   $0 (09-11-2008 - CA)

Petitioner Treo @ Kettner Homeowners Association (Association), a homeowners association of a condominium project in downtown San Diego, sued real party in interest Intergulf Construction Corporation, developer of the project, and other real parties in interest (collectively Intergulf) for alleged construction defects. A provision of Association's CC&R's required that all disputes between it and I... More...   $0 (09-12-2008 - CA)

United States citizens who pay nonresident tuition for enrollment at California’s public universities/colleges brought a lawsuit attacking a state statute (Ed. Code, § 68130.51) which allows certain illegal aliens2 to pay the less-expensive resident tuition to attend these universities/colleges. Plaintiffs3 filed a class action lawsuit against defendants Regents (Regents) of the University of C... More...   $0 (09-15-2008 - ca)

Appellant Al Varisco sued respondent Gateway Science and Engineering for wrongful termination of employment and similar causes of action, all of which depended on the allegation that he had been Gateway's employee. Gateway moved for summary judgment on the ground that Varisco was not an employee, but an independent contractor. The trial court found for Gateway, and we affirm. All the undisputed fa... More...   $0 (09-15-2008 - CA)

While crossing International Boulevard in Oakland at an unmarked pedestrian crosswalk, Rong Zeng Peng was struck by an automobile and killed. Her husband and minor daughter sued the City of Oakland (City) and others, alleging that Ms. Peng’s death was proximately caused by the dangerous condition of the intersection where the accident occurred. City moved successfully for summary judgment on the... More...   $0 (09-15-2008 - CA)

Stuart Brehm IV, appeals from the order of dismissal entered after the trial court sustained without leave to amend 21st Century Insurance Company’s demurrer to his second amended complaint for breach of the implied covenant of good faith and fair dealing. Brehm contends the trial court misapplied the genuine dispute rule, which protects an insurer from a bad faith claim when its denial of benef... More...   $0 (09-16-2008 - CA)