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Webb v. SolarCity
Dismissal for failure to adequately plead scienter affirmed where opposing inference drawn from alleged facts is more compelling than inference of scienter.
Securities 9th Mar. 9, 2018
Dai v. Sessions
An asylum-seeker's testimony before an Immigration Judge must be treated as credible in the absence of an explicit adverse credibility finding
Immigration 9th Mar. 9, 2018
Chaney v. Netterstrom
Four-year marriage not invalid because the officiant failed to file the marriage license and couple pretended to be single for financial benefits.
Family Law 2DCA/6 Mar. 9, 2018
Klean W. Hollywood, LLC v. Superior Court
Treatment facility which undertook reasonable measures to prevent drug use not liable for injuries to voluntary resident who surreptitiously obtained and consumed heroin
Torts 2DCA/4 Mar. 9, 2018
Doyle v. Fireman's Fund Insurance Co.
Where rare wine collector was defrauded out of $18 million worth of wines, insurance claim denial not improper where policy coverage was for property damage, not financial loss.
Contracts 4DCA/3 Mar. 8, 2018
U.S. v. United States District Court for the District of Oregon
Petition for writ of mandamus denied where defendants fail to meet ‘Bauman v. U.S. Dist. Ct.’ factors.
Civil Procedure 9th Mar. 8, 2018
Patterson v. City of Yuba City
Order
9th Mar. 8, 2018
PSM Holding Corp. v. National Farm Financial Corp.
A judgment creditor cannot recover in restitution for losses suffered while in possession of a company it seized from a judgment debtor pursuant to an erroneous judgment.
Remedies 9th Mar. 8, 2018
Amended Opinion: TDY Holdings LLC v. United States
CERCLA requires government to bear some responsibility in cleanup of aeronautical manufacturing plant in San Diego with respect to two hazardous chemicals used.
Environmental Law 9th Mar. 8, 2018
Selvidge v. Tang
Notice of intent to file a medical malpractice action is adequately provided to a physician under MICRA if mailed to address of physician on file with the medical board
Civil Procedure 3DCA Mar. 7, 2018
County of San Diego v. Workers' Compensation Appeals Board
Temporary disability benefits may not be awarded for time periods that extend beyond five years from the date of a worker's injury.
Workers' Compensation 4DCA/1 Mar. 7, 2018
Keates v. Koile
Dismissal of claim for violations of constitutional rights to familial association based on qualified immunity of government official reversed where official violates clearly established constitutional right.
Civil Rights 9th Mar. 7, 2018
Sierra Medical Services Alliance v. Kent
Regulation requiring voluntary private ambulance company to provide emergency services in exchange for pre-determined reimbursement does not amount to regulatory taking.
Constitutional Law 9th Mar. 7, 2018
In re White
Petition for writ ordering court to vacate order denying bail denied where clear, convincing evidence shows substantial likelihood that release of defendant would cause others great bodily harm.
Criminal Law and Procedure 4DCA/1 Mar. 7, 2018
Northern California Water Association v. State Water Resources Control Board
A regulatory fee is not an unconstitutional tax if it does not exceed the reasonable cost of providing the services for which the fee is charged
Water Rights 3DCA Mar. 6, 2018
DD Hair Lounge v. State Farm General Insurance Co.
2016 amendment to Corporations Code Section 17707.06 allowing LLCs to retain power over actions relating to discharge obligations upon certificate of cancellation applies retroactively to 2014 certificate.
statutory_interpretation 2DCA/8 Mar. 6, 2018
California DUI Lawyers Association v. California Department of Motor Vehicles
CDLA has taxpayer standing to challenge the DMV's system of administrative hearings as to DUI arrestee license suspensions, in which DMV officers act as both advocates and triers of fact.
Constitutional Law 2DCA/4 Mar. 6, 2018
In re Marriage of Cassinelli
Under 'Howell' a state court cannot order a veteran to indemnify a divorced spouse for loss caused by the veteran's waiver of retirement benefits
Family Law 4DCA/2 Mar. 6, 2018
Texas v. New Mexico
United States may pursue compact claims against state where SCOTUS permits such action to allow U.S. to defend ‘distinctively federal interests.’
Government USSC Mar. 6, 2018
U.S. Bank N.A. v. Village at Lakeridge, LLC
'Clear error' standard rightly applied by appellate court where mixed question of law and fact requires lower court to 'immerse' itself in case-specific factual issues.
Bankruptcy USSC Mar. 6, 2018
Shanahan v. Lora
Order
USSC Mar. 6, 2018
Knick v. Scott, PA
Order
USSC Mar. 6, 2018
Gundy v. U.S.
Order
USSC Mar. 6, 2018
Heller Ehrman LLP v. Davis Wright Tremaine LLP
Dissolved law firm maintains no property interest in legal matters handled on hourly basis at time of firm's dissolution.
Attorneys CASC Mar. 6, 2018
People v. Garton
Confrontation clause error falling within meaning of 'Crawford v. Washington' error is harmless beyond reasonable doubt where defendant is not prejudiced by testimonial hearsay.
Criminal Law and Procedure CASC Mar. 6, 2018
Alvarado v. Dart Container Corp. of California
To determine rate of overtime pay, a flat sum bonus must be factored into regular pay rate via dividing bonus by nonovertime hours actually worked
Labor Law 4DCA/2 Mar. 6, 2018
U.S. v. Adkins
Federal jury instructions that do not include state definition of 'knowingly' are error, but harmless because record was clear as to defendant's guilt.
Criminal Law and Procedure 9th Mar. 6, 2018
Brown v. California Unemployment Insurance Appeals Board
Civil Code of Procedure Section 3289(b)’s 10 percent interest rate applies to finding of improperly withheld unemployment benefits where employee has right to unemployment benefits.
Civil Procedure 1DCA/4 Mar. 5, 2018
People v. Rhinehart
A probation condition is constitutionally vague if people of common intelligence would differ as to its application
Constitutional Law 1DCA/3 Mar. 5, 2018
Herterich v. Peltner
The litigation privilege applies to probate matters where false and misleading statements were made in furtherance of litigation
probate_and_trusts 1DCA/1 Mar. 5, 2018