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Name Category Published
Ryan Dir., AZ DOC v. Doody
Order
Oct. 12, 2010
Peterson v. McNeil, Sec., FL DOC, et al.
Order
Oct. 12, 2010
Haggard v. Curry
Order
Oct. 12, 2010
Luna v. Astrue
Remand to agency is proper to determine questions between initial denial of disability insurance benefits and subsequent award based on two different applications.
Insurance Oct. 12, 2010
Western Watersheds Project v. Interior Board of Land Appeals
Equal Access to Justice Act does not allow attorney fees when underlying purpose for adjudication is to appeal renewal of grazing permits.
Environmental Law Oct. 12, 2010
Leonard Carder LLP v. Patten, Faith & Sandford
'Actual controversy' over distribution of attorney fees exists where law firm claimed entitlement to 40 percent of fee in excess of $12 million.
Attorneys Oct. 12, 2010
People v. Kelly
Recording Industry Association of America may not obtain restitution from defendant convicted of criminal offenses involving sale of counterfeit compact discs.
Criminal Law and Procedure Oct. 12, 2010
Fireman’s Fund Insurance Co. v. WCAB
Agreement between employers where one employer agreed to obtain insurance coverage for mutual employees does not extinguish joint liability for workers’ compensation claims.
Workers' Compensation Oct. 12, 2010
Jonah D., a Minor
Juvenile court has no reason to believe child has Indian ancestry based on vague and speculative information provided by grandparent.
Native American Affairs Oct. 12, 2010
Johnson v. Rancho Santiago Community College District
District acts as market participant when requirement for workers to be unionized qualifies as effective procurement of goods and services.
Labor Law Oct. 10, 2010
Telesaurus VPC LLC v. Power
Plaintiff fails to allege sufficient facts to establish that mobile radio service provider is 'common carrier' under Federal Communications Act of 1934.
Administrative Agencies Oct. 10, 2010
N.V., a Minor
Court’s postponement of unsuitability decision is harmless error where children could not be placed in new home that had not been inspected.
Juveniles Oct. 10, 2010
Sonoma County Water Coalition v. Sonoma County Water Agency
Water management plans are valid where assumptions made for water supply projections are properly predicated on substantial evidence.
Administrative Agencies Oct. 10, 2010
People v. Minor
Only minimal due process rights apply to probation extension proceedings because extension is only potential grievous loss to probationer’s liberty.
Criminal Law and Procedure Oct. 10, 2010
Farrakhan v. Gregoire
Claim that state's felon disenfranchisement law violates Voting Rights Act fails where plaintiffs presented no evidence of intentional racial discrimination.
Civil Rights Oct. 8, 2010
Holmes v. Summer
Broker has duty to disclose substantial risk that seller could not transfer title free and clear of monetary liens and encumbrances.
Real Property Oct. 7, 2010
Tomlinson v. County of Alameda (Wong)
New housing subdivision is not exempt from California Environmental Quality Act requirements where it constitutes project not 'within city limits' of municipality.
Environmental Law Oct. 7, 2010
In re Powell
Board of Parole Hearing’s denial of parole is improperly based on petitioner’s parole plan to attend substance abuse program far from his house.
Criminal Law and Procedure Oct. 7, 2010
Luchtel v. Hagemann
Officers have probable cause to arrest and use reasonable force on suspect who was delusional after using crack cocaine.
Civil Rights Oct. 7, 2010
People v. Jason K.
Severely depressed individual is precluded from possessing firearm on finding by preponderance of evidence that he would not likely use firearms in safe and lawful manner.
Constitutional Law Oct. 7, 2010
Lazarin v. Superior Court (Total Western Inc.)
Nonexempt hourly workers, who were represented by union and deprived of their second meal periods, may seek recovery from their former employers.
Labor Law Oct. 7, 2010
Huitt v. Southern California Gas Co.
Failure to warn that new steel gas pipes adsorb odorant in natural gas is not cause of accident because plaintiffs were unable to acquire warning.
Torts Oct. 7, 2010
Siskiyou County v. State Personnel Board (Duncan)
Court errs in substituting own judgment in place of State Personnel Board’s decision when deciding penalty for public employee’s misconduct.
Employment Law Oct. 7, 2010
Community House Inc. v. City of Boise
City’s lease agreement with private party to operate homeless shelter is legislative action entitling individual officials to immunity.
Government Oct. 6, 2010
U.S. v. Garcia-Jimenez
District court properly adds two criminal points to sentence of illegal alien who committed continuing offense by staying in country illegally.
Criminal Law and Procedure Oct. 6, 2010
MacKay v. Superior Court (21st Century Insurance Co.)
Insured must seek judicial review of decision by Dept. of Insurance to decline jurisdiction over challenge to approved rate, rather than pursuing civil action.
Insurance Oct. 6, 2010
Ramirez v. Wong
Claim under Civil Code Section 51.7 for right to be free from threat of violence must involve intimidation to state cause of action.
Torts Oct. 6, 2010
People v. Aranda
Omission of standard burden of proof instruction warrants reversal of conviction if error was not harmless beyond reasonable doubt.
Criminal Law and Procedure Oct. 6, 2010
J.G., a Minor
Probable cause for arrest exists where officers witnessed defendants running, seemingly after someone, with objects that could be used as deadly weapons.
Juveniles Oct. 6, 2010
Arrowood Indemnity Co. v. Travelers Indemnity Co. of Connecticut
In action for equitable contribution, insurer who indemnified and defended insured bears burden of showing coverage under non-participating co-insurer’s policy.
Insurance Oct. 6, 2010