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SEC v. Stein
Four factors must be met for a party to invoke a defendant's criminal conviction as the basis for offensive nonmutual issue preclusion.
Civil Procedure 9th Oct. 12, 2018
In re Dept. of Commerce
Order
USSC Oct. 11, 2018
Doe v. Regents of the University of California
Appellant was deprived of due process during an administrative hearing because the evidence relied on was not provided to him; thus, he did not have a fair opportunity to cross-examine the witness.
Education 2DCA/6 Oct. 11, 2018
Payton v. Davis
Under the Antiterrorism and Effective Death Penalty Act, a certificate of appealability may be issued only if the applicant made a substantial showing of the denial of a constitutional right.
Criminal Law and Procedure 9th Oct. 11, 2018
U.S. v. Arpaio
Order
9th Oct. 11, 2018
U.S. v. Gonzalez
Fabricated law enforcement reports, made in effort to cover up beating of jail visitor, qualify as 'records' or 'documents' under 18 U.S.C. Section 1519.
Criminal Law and Procedure 9th Oct. 11, 2018
Glovis America, Inc. v. County of Ventura
Trial court did not err when it dismissed appellant's complaint because an option to extend a lease may be taxed if it is reasonable to assume the option will be exercised.
Contracts 2DCA/6 Oct. 11, 2018
In re E.R.
Juvenile courts and social services agencies have an affirmative duty to inquire at the outset of the proceedings whether a child subject to the proceeding may be an Indian child.
Juveniles 2DCA/6 Oct. 11, 2018
People v. Gutierrez
Trial court did not err by allowing the prosecution to impeach defendant with evidence that he took a car without the owner's permission because it was conduct involving moral turpitude.
Evidence 4DCA/2 Oct. 11, 2018
People v. Endsley
People found not guilty for reasons of insanity have the right to appear and testify at an outpatient placement hearing.
Criminal Law and Procedure 4DCA/2 Oct. 11, 2018
Niang v. Tomblinson
Order
USSC Oct. 10, 2018
Frazier v. U.S.
Order
USSC Oct. 10, 2018
Wilson v. Horton's Towing
Although marijuana was found on appellant while stopped on a state road, there was a 'direct connection to tribal lands' because appellant was leaving a casino on tribal land.
Native American Affairs 9th Oct. 10, 2018
Doe v. University of Southern California
Where a petitioner's challenge in a mandamus action rests on the sufficiency of the evidence, the court does not have the power to judge the intrinsic value of the evidence or to weigh it.
Education 2DCA/7 Oct. 10, 2018
Ruiz v. Musclewood Investment Properties
Under Civil Code Section 54.3(a) public sidewalks are considered a public facility in which a disabled individual cannot be deprived of using by any person(s), firm or corporation.
Torts 2DCA/5 Oct. 9, 2018
Manner v. U.S.
Order
USSC Oct. 8, 2018
Richitelli v. U.S.
Order
USSC Oct. 8, 2018
Parrales-Guzman v. U.S.
Order
USSC Oct. 8, 2018
Briley v. U.S.
Order
USSC Oct. 8, 2018
Pembrook v. U.S.
Order
USSC Oct. 8, 2018
Calhoun v. U.S.
Order
USSC Oct. 8, 2018
Ward v. U.S.
Order
USSC Oct. 8, 2018
Pineda v. Sessions
Order
USSC Oct. 8, 2018
Bannister v. U.S.
Order
USSC Oct. 8, 2018
Diez v. Jones
Order
USSC Oct. 8, 2018
Gramm v. Deere & Co.
Order
USSC Oct. 8, 2018
Martinez v. Eatlite One, Inc.
To determine whether plaintiff obtained more favorable judgment than Civil Procedure Section 998 offer, pre-offer costs and fees are added to both the verdict and the 998 offer.
Civil Procedure 4DCA/3 Oct. 5, 2018
Kerley v. Weber
A debtor may specify how his or her 'performance' should be credited by communicating his or her intention to the creditor at the time of performance.
Civil Procedure 2DCA/2 Oct. 5, 2018
Cheveldave v. Tri Palms Unified Owners Assn.
Davis-Stirling Act does not grant homeowners' association standing to pursue legal claims in its own name unless development contains 'common area' entailing mutual and reciprocal easements.
Anti-SLAPP 4DCA/2 Oct. 5, 2018
Hawkins v. The Kroger Company
Plaintiff in Unfair Competition and False Advertising suit possessed standing where she demonstrated causation - namely that she relied upon a mislabeling in purchasing a certain produce - in addition to injury.
Civil Procedure 9th Oct. 5, 2018