Case Summaries
Education
Family Law
Probate Trusts
Education
[11/20]
Newark Parents Ass'n v. Newark Pub. Sch.
In a putative class action by parents of students alleging that defendant-school district was failing to live up to its obligations under the No Child Left Behind Act (NCLBA), dismissal of claims is affirmed where the notice and supplemental-education-services provisions of NCLBA did not confer a private right of action upon aggrieved individuals.
[11/18]
Stover v. Hattiesburg Pub. Sch. Dist.
In an employee's suit alleging race and sex discrimination, retaliation, and violation of the Equal Pay Act, judgment for defendant and denial of a new trial motion are affirmed where: 1) defendant was entitled to summary judgment on a constructive-discharge claim; 2) there was no reversible error in several challenged evidentiary rulings; 3) a "same actor" jury instruction was a correct statement of the law; and 4) there was sufficient evidence to support the jury's verdict. Award of attorney's fees is reversed as the award was improperly calculated and defendant was not entitled to attorney's fees.
[11/18]
Romoland Sch. Dist. v. Inland Empire Energy Ctr., LLC
In a suit against an electric utility and an air-quality-management district under the Clean Air Act, seeking to halt the construction of a power plant, denial of a preliminary injunction and dismissal with prejudice of all claims are affirmed where: 1) plaintiffs' voluntary dismissal of some claims presented the appellate court with a final order over which it had jurisdiction; and 2) the district court lacked subject-matter jurisdiction over plaintiffs' claims.
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Family Law
[11/07]
Choose Life Illinois, Inc. v. White
In a suit by an interest group seeking on First Amendment grounds to force the state of Illinois to issue "Choose Life" specialty license plates, judgment in favor of plaintiffs is reversed where: 1) specialty license plates implicate the speech rights of private speakers, not government speech; 2) specialty plates are a nonpublic forum; and 3) the state could enforce a content-based but viewpoint-neutral ban disallowing any abortion-related message, whether pro-life or pro-choice, to be displayed on its license plates.
[11/06]
Aguilar v. Aguilar
Denial of petition to undo a wife's withdrawal of trust property brought by a remainder beneficiary of the trust is reversed and remanded where: 1) even though the property the wife sought to withdraw was her share of the community property, it was too late for her to withdraw it; 2) irrevocable trusts are binding, even on their trustors; and 3) as the life beneficiary, the wife could continue to enjoy the property as held by the trust.
[11/05]
In re A.E.
Order directing both parents to participate in Department of children and Family Services (DCFS)-approved "programs of parent education [and] individual counseling addressing all issues including anger management" is affirmed where the father did not object to the order directing him to participate in counseling sessions.
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Probate Trusts
[11/06]
Aguilar v. Aguilar
Denial of petition to undo a wife's withdrawal of trust property brought by a remainder beneficiary of the trust is reversed and remanded where: 1) even though the property the wife sought to withdraw was her share of the community property, it was too late for her to withdraw it; 2) irrevocable trusts are binding, even on their trustors; and 3) as the life beneficiary, the wife could continue to enjoy the property as held by the trust.
[10/16]
Schwartz v. Schwartz
Denial of petition for order directing distribution of trust property and granting respondent's petition to invoke the no-contest clause of the trust is affirmed where the trial court had jurisdiction to deny appellant's petition following his alleged withdrawal of the pleading.
[10/09]
Estate of Felder
In a property matter in which objector sought the deposit he paid as a defaulting purchaser of real property owned in part by the estate, probate court order is affirmed where the probate court properly allowed the estate to retain the entirety of objector's $48,000 deposit as damages under Probate Code section 10350 subdivision (e).
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