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Case Summaries

Family Law

[08/19] In re Aaron D.
Termination of mother's parental rights to her two children is affirmed over claims of error that: 1) the juvenile court lacked jurisdiction over this case under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) because Texas had jurisdiction over custody determinations involving the children and the California juvenile court did not contact the Texas court to resolve jurisdiction; 2) mother did not receive proper notice of the Welfare and Institutions Code section 366.261 selection and implementation hearing; and 3) the court erred in finding the children adoptable because of their special developmental needs, physical ailments, and psychosocial issues.

[08/19] In re David H.
Minor's removal from his mother's home is affirmed where there was substantial evidence that, at the time of a July 2007 hearing, the child faced a substantial risk of serious physical harm from mother because there was a substantial risk that mother would resort to physical violence in disciplining him.

[08/14] Lemons v. Bradbury
In an action brought by voters who signed a referendum, which sought a statewide vote on a legislative act establishing same-sex domestic partnerships, challenging the Oregon Secretary of State's procedures for verifying referendum petition signatures, denial of permanent injunctive relief for plaintiffs is affirmed where the Secretary's procedures for verifying sampled referendum petition signatures did not violate plaintiffs' equal protection and due process rights.

[08/12] Choin v. Mukasey
Russian native's petition for review of a decision denying her application for adjustment of status and ordering her removed is granted where: 1) the BIA erroneously interpreted the "as a result of the marriage of the nonimmigrant" language in INA section 245(d); 2) the plain language of section 245 is ambiguous; 3) nothing in the plain language of section 245(d) suggests that an application that was valid when submitted should be automatically invalid when a petitioner's marriage ends by divorce two years later; and 4) the statute also does not require the automatic removal of immigrants whose marriages end in divorce while their applications for adjustment of status are under agency consideration.

[08/11] Vale v. Avila
Grant of father's petition to return his children to Venezuela under the International Child Abduction Remedies Act is affirmed where the childrens' place of habitual residence was properly determined to be Venezuela, and the custody rights held by father under Venezuelan law were violated by mother's removal of the children to the US.

[08/08] Jonathan L. v. Superior Court of Los Angeles County
In a dependency proceeding involving the legality of, and restraints upon, home schooling in California, denial of motion requiring children to attend public or traditional private school is vacated and remanded where: 1) California statutes permit home schooling as a species of private school education; and 2) the statutory permission to home school may constitutionally be overridden in order to protect the safety of a child who has been declared dependent. (Opinion on rehearing)

[08/07] In re Esperanza
Orders denying petitions for modification under Welfare and Institutions Code section 388 and order terminating parental rights under section 366.26 are reversed where the juvenile court has jurisdiction to review the social services agency's denial of a criminal records exemption for abuse of discretion.

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Injury & Tort Law

[08/20] Boschetto v. Hansing
The sale of one automobile via the eBay website, without more, does not provide sufficient "minimum contacts" to establish jurisdiction over a nonresident defendant in the forum state.

[08/20] Theme Promotions, Inc. v. News Am. Mktg. FSI
In a case involving, inter alia, whether right of first refusal agreements between a publisher of advertising tools and packaged goods companies violate California antitrust and tort law, judgment in the matter is affirmed primarily as the jury verdict in favor of plaintiff was supported by substantial evidence in the record.

[08/20] Soto-Lebron v. Federal Express Corp.
In a matter brought by former employee against defendant FedEx following his termination, grant of FedEx's motion for judgment as a matter of law on the slander and libel claims is affirmed where: 1) the evidence introduced in support of the slander claim "does not rise to more than informal rumors" circulating among employees, for which FedEx cannot be held liable; and 2) there was sufficient evidence to support liability for libel. Case is remanded for new trial on damages for the libel claim where admission of irrelevant evidence tainted the jury's damage calculation and that taint was not cured by remittitur. Denial of defendant's motion for judgment as a matter of law on the intentional infliction of emotional distress claim is reversed where former employee-plaintiff did not introduce any evidence suggesting that a subsequent employer or potential employer treated him adversely as a result of the defamatory statements made by FedEx.

[08/19] Joyce v. Morgan Stanley & Co., Inc.
In a suit by shareholders of a telecommunications company alleging that defendant, while advising the company during its acquisition by another company, failed to advise plaintiffs on minimizing their exposure to financial losses, grant of a motion to dismiss is affirmed in part and vacated and remanded in part where: 1) plaintiffs were bringing a direct action on their own behalf, not a derivative one on behalf of the corporation, and to that extent had standing; but 2) plaintiffs' constructive fraud claim required them to allege that defendant owed them a fiduciary duty, but no such duty never arose.

[08/19] King v. Burlington N. & Santa Fe Ry. Co.
In a malicious prosecution suit alleging that defendant fired plaintiff without probable cause to believe that she had stolen train tickets, denial of plaintiff's discovery motion and summary judgment for defendants are affirmed where: 1) a determination by the System Board of Adjustment that plaintiff had stolen from defendant did not preclude litigation of that question in the context of the malicious prosecution suit; but 2) plaintiff failed to produce evidence of the date on which defendant had filed a criminal complaint against her, and thus would not be able to prove her claim that defendant lacked probable cause at the time of the filing.

[08/19] US v. Flaherty
In an action brought under the False Claims Act alleging that the Federal Emergency Management Agency (FEMA) provided a reimbursement check to defendant as a result of a fraudulent scheme, dismissal of the complaint is affirmed where qui tam actions cannot be brought pro se.

[08/19] Garcia v. Vanguard Car Rental USA, Inc.
In wrongful death claims brought by plaintiff-estates against defendant rental car companies, grant of summary judgment for defendants is affirmed where: 1) the Graves Amendment, a federal tort reform statute which purports to shield rental car companies from certain vicarious liability suits, preempts the tort claims at issue; and 2) the statute is within the boundaries of Congress's Article I powers.

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