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Pryor v. Superior Court (People)
Order
Apr. 15, 2016
People v. Ming
Can excess custody credits be used to reduce or eliminate the one-year parole period required by Penal Code section 1170.18, subdivision (d), upon resentencing under Proposition 47?
Apr. 15, 2016
Karpinski v. Smitty’s Bar Inc.
Settlement agreement properly enforced where, contrary to defendant's argument, plaintiff's payment of lien obligations was not condition precedent to timely payment settlement proceeds.
Torts Apr. 14, 2016
Blois Construction Inc. v. FCI/Fluor/Parsons
Subcontractor not entitled to late payment penalties under prompt payment statutes for past retention payments withheld by project owner.
Contracts Apr. 14, 2016
Emmert v. Taggart (In re Taggart)
Bankruptcy court erroneously sanctions party for willfully violating discharge injunction by improperly imputing actual knowledge of the discharge injunction.
Bankruptcy Apr. 14, 2016
U.S. v. Bernardo
Transporting illegal alien within dashboard meets standard for sentencing enhancement applied to offenses that involve creation of substantial risk of death or bodily injury.
Criminal Law and Procedure Apr. 14, 2016
Tibble v. Edison International
Retirement plan beneficiaries that successfully revived ERISA claim from statute of limitations ruling nevertheless lose on remand due to forfeited ongoing-duty-to-monitor claim.
Civil Procedure Apr. 14, 2016
People v. Johnson
Chaney and Valencia present the following issue: Does the definition of "unreasonable risk of danger to public safety" (Pen. Code, Section 1170.18, subd. (c)) under Proposition 47 ("the Safe Neighborhoods and Schools Act") apply retroactively to resentencing under the Three Strikes Reform Act of 2012 (Pen. Code, Section 1170.126)?
Apr. 14, 2016
Arnot v. Enderson (In re Endersen)
Lenders entitled to settlement proceeds awarded to debtors in construction defect claims litigated years after 'no asset' closure of chapter 7 bankruptcy case.
Bankruptcy Apr. 13, 2016
U.S. v. Argueta-Rosales
Application of incorrect legal standard that fails to require proof of specific intent results in vacated conviction for attempted illegal reentry and remand.
Criminal Law and Procedure Apr. 13, 2016
U.S. v. Rosales-Aguilar
Defendant's prior inconsistent statements elicited via cross-examination of a defense psychiatrist properly admitted as impeachment evidence.
Criminal Law and Procedure Apr. 13, 2016
U.S. v. Parnell
Defendant's conviction under Massachusetts armed robbery statute does not qualify as violent felony under Armed Career Criminal Act, resulting in vacated sentence and remand.
Criminal Law and Procedure Apr. 13, 2016
Chen v. Allstate Insurance Co.
Offer of judgment to settle would-be class representative's individual claims for alleged Telephone Consumer Protection Act violations does not render entire putative class action moot.
Consumer Law Apr. 13, 2016
Villery v. Dept. of Corrections and Rehabilitation
Inmate's mandamus petition improperly dismissed where, contrary to trial court's determination,' habeas corpus relief was not more appropriate to remedy grievances.
Remedies Apr. 12, 2016
U.S. v. Pete
Indigent defendant entitled to vacation of, and additional resentencing on, 708 months sentence in order to allow for appointment of neuropsychological expert.
Criminal Law and Procedure Apr. 12, 2016
Mission Hospital Regional Medical Center v. Burwell
Hospitals have no power to alter legal obligations with Medicare under their provider agreements by attempting to circumvent continuity of obligations through assets-only purchase.
Health Care Apr. 12, 2016
Animal Legal Defense Fund v. FDA
Adequate factual basis and absence of clear error compels affirmance of summary judgment in favor of FDA regarding its withholding of information under FOIA.
Administrative Agencies Apr. 12, 2016
Certain Underwriters at Lloyds London v. Arch Specialty Insurance Co.
Co-insurer is entitled to equitable contribution for defense costs from co-insurer where the latter's 'other insurance' clause amounted to 'escape' clause disfavored by public policy.
Insurance Apr. 12, 2016
Vanacore and Associates, Inc. v. Rosenfeld
Asset recovery agreement pertaining to stock set to escheat invalid because entered into between holder's report of unclaimed stock and Controller's notice of escheat.
Civil Procedure Apr. 12, 2016
Jones v. Superior Court (People)
Petitioners successful in reinstating peremptory challenges to disqualify judge where judge denies challenges based on erroneous filing deadline.
Civil Procedure Apr. 11, 2016
Martinez v. Vaziri
Denial of petition to establish parental relationship as third natural parent to child is overturned due to misinterpretation of statutory standard for determining detriment.
Family Law Apr. 11, 2016
In re Sunnyslope Housing L.P. (First Southern National Bank v. Sunnyslope Housing L.P.)
Bankruptcy court errs in valuing creditor's interest in light of debtor's proposed use of the property as affordable housing, resulting in greatly diminished value.
Bankruptcy Apr. 11, 2016
In re Orange, S.A.
Petition for writ of mandamus based on forum non conveniens denied where claims not governed by nondisclosure agreement specifying French law and forum.
Civil Procedure Apr. 11, 2016
Garcia v. County of Riverside
Former LA County Sheriff, LA County and LA Sheriff's Department unsuccessful in challenging denial of immunity relating to imprisonment of plaintiff based on mistaken identity.
Civil Rights Apr. 11, 2016
In re Jorge D.
Failure to place publicly intoxicated minor in civil protective custody results in reversal of order declaring him a ward of the court.
Juveniles Apr. 8, 2016
Gallegos v. Ryan
Trial counsel's decision to concede defendant's involvement in horrendous crime, involving the rape and murder of young girl, does not warrant habeas relief.
Criminal Law and Procedure Apr. 8, 2016
O'Brien v. Welty
College student obtains partial reversal in civil rights action by stating plausible claim that university retaliated against him for exercising his First Amendment rights.
Civil Rights Apr. 8, 2016
In re Beltway One Development Group LLC
Court applied incorrect standard of law in denying creditor default interest, resulting in reversal and remand to allow application of proper rule.
Bankruptcy Apr. 7, 2016
County of Kern v. T.C.E.F. Inc.
Medical marijuana operations may continue in Kern County where repeal ordinance was found to be in contravention with protections afforded under Elections Code's referendum process.
Municipal Law Apr. 7, 2016
In re P.O.
Electronics search condition imposed following misdemeanor public intoxication satisfies 'People v. Lent' but is nonetheless overbroad and must be modified.
Juveniles Apr. 7, 2016