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Christensen v. Lightbourne
In determining a family's eligibility for cash aid under CalWORKs program, child support paid to benefit children living outside the home counts as family income.
Administrative Agencies 1DCA/2 Oct. 10, 2017
In re Marriage of Kalinawan
Quasi-estoppel inapplicable where person challenging divorce decree was not party to divorce, did not procure or help procure decree, and was ignorant of circumstances surrounding decree.
Family Law 6DCA Oct. 10, 2017
Linton v. DeSoto Cab Company
Judgment in wage claims proceeding finding that worker is independent contractor reversed where court fails to apply 'seminal case' regarding employment relationships in California.
Employment Law 1DCA/1 Oct. 9, 2017
County of Amador v. United States Dept. of the Interior
County unsuccessful in challenging Department of the Interior's decision to take land into trust for Indian tribe and to allow tribe to build casino on land.
Native American Affairs 9th Oct. 9, 2017
People v. Mays
Defendant unsuccessful in challenging restitution order to estate of victim's mother, where mother qualified as victim under the statute and incurred expenses before death.
Criminal Law and Procedure 3DCA Oct. 9, 2017
Entler v. Gregoire
Prisoner's First Amendment retaliation claims are actionable where Prisoner's threats to sue are protected under the First Amendment.
Prisoners' Rights 9th Oct. 9, 2017
Lacaze v. Louisiana
Order
USSC Oct. 6, 2017
E.F. v. Newport Mesa Unified School District
Order
USSC Oct. 6, 2017
Cureton v. U.S.
Order
USSC Oct. 6, 2017
Cassinelli v. Cassinelli
Order
USSC Oct. 6, 2017
Long v. Davis
Order
USSC Oct. 6, 2017
Anglin v. U.S.
Order
USSC Oct. 6, 2017
Close v. U.S.
Order
USSC Oct. 6, 2017
Simmons Sporting Goods v. Lawson
Order
USSC Oct. 6, 2017
Urick v. Urick
Petitions to enforce no contest clause under Probate Code not exempt from anti-SLAPP analysis; nevertheless, anti-SLAPP motion erroneously granted where reformation petition constituted direct contest.
probate_and_trusts 2DCA/5 Oct. 6, 2017
Modification: People v. McCloud
Court's instructional error omitting essential element prejudicial where evidence shows that jury verdict could have been different absent the error.
4DCA/2 Oct. 6, 2017
People v. Blancett
Reversal required due to failure to obtain defendant's knowing, voluntary and intelligent waiver of right to jury trial in mentally disordered offender commitment hearing.
Criminal Law and Procedure 2DCA/6 Oct. 6, 2017
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 Oct. 5, 2017
People v. Jo
Defendant unsuccessful in challenging conviction for child custody deprivation, where trial-related errors were either harmless or meritless.
Criminal Law and Procedure 3DCA Oct. 5, 2017
Gill v. Kirresh (In re Gill)
Debtor's motion to abandon estate's interest in residence properly denied where ‘substantial value' existed in residence despite creditor's lien and IRS lien.
Bankruptcy BAP Oct. 4, 2017
People v. Cruz
Defendant ineligible for Proposition 36 resentencing where defendant was armed with weapon during commission of his or her crime.
Criminal Law and Procedure 2DCA/6 Oct. 4, 2017
RSB Vineyards LLC v. Orsi
Sellers not liable for failing to disclose deficiencies in residence converted into wine tasting room where sellers lacked knowledge of alleged deficiencies.
Real Property 1DCA/3 Oct. 3, 2017
Isayeva v. Sacramento Sheriff's Dept.
Sheriff’s deputy entitled to qualified immunity in civil rights lawsuit regarding use of taser and fatal shooting of plaintiff’s mentally disturbed husband.
Immunity 9th Oct. 3, 2017
In the Matter of Walldesign Inc.
Appellants who received payments from corporate cheat unsuccessful in avoiding strict liability for repayment of funds, where they qualify as ‘initial transferees’ under statute.
Bankruptcy 9th Oct. 3, 2017
Jennifer S. v. Superior Court (San Francisco Human Services Agency)
Reunification services properly bypassed for parents based on prior removal of other children due to unresolved and long history of substance abuse.
Dependency 1DCA/4 Oct. 3, 2017
Sturgeon v. Frost
Federal regulation over river that is public land supersedes state regulation where 'United States has…implied reservation of water rights.'
Environmental Law 9th Oct. 3, 2017
Hernandez v. Sessions
Due process requires immigration officials when making bond determinations to consider both the financial circumstances of a detainee and alternative conditions of release.
Immigration 9th Oct. 3, 2017
Modification: Higgins v. Superior Court (Cabandong)
Automatic bankruptcy stay that applied to claims against debtor-codefendant does not apply to claims against nondebtor-defendant, making service to nondebtor-defendant untimely and subject to dismissal.
Civil Procedure 4DCA/1 Oct. 2, 2017
Rodriguez v. McDonald
State courts’ finding of valid waiver of right to counsel unreasonable; therefore, teen’s purported confession violated his ‘Miranda’ rights, warranting habeas relief.
Criminal Law and Procedure 9th Oct. 2, 2017
Living Rivers Council v. State Water Resources Control Board
Policy using uncertainty and likelihood of environmental effect to conclude that mitigation measure is infeasible appropriate where likelihood and uncertainty help determine mitigation measure’s success.
Environmental Law 1DCA/5 Oct. 2, 2017