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Name Category Published
Shirley v. Yates
Prisoner obtains habeas relief following court's error in denying 'Batson' claim alleging racial discrimination in prosecutor's dismissal of black veniremember.
Criminal Law and Procedure Mar. 22, 2016
Frost v. Gilbert
Error preventing counsel from making alternative arguments in summation not prejudicial, where insufficiency argument would have 'fallen on deaf ears' due to overwhelming prosecutorial evidence.
Criminal Law and Procedure Mar. 22, 2016
Ramirez-Munoz v. Lynch
'Imputed wealthy Americans' not cognizable particular social group for purposes of Convention Against Torture asylum seekers; removable proceedings upheld where petitioners claimed such status.
Immigration Mar. 22, 2016
Linares-Gonzalez v. Lynch
Petitioners entitled to relief after BIA errs in holding that violation of identity theft statutes were categorical crimes involving moral turpitude.
Immigration Mar. 22, 2016
Shirley v. Yates
Order
Mar. 22, 2016
U.S. v. Nickle
District court erroneously rejects drug offender's plea though his plea otherwise met Federal Rule of Civil Procedure 11(b)'s requirements.
Criminal Law and Procedure Mar. 22, 2016
Newark Unified School District v. Superior Court (Brazil)
Reversal required in school district's favor where its inadvertent disclosure of privileged documents did not constitute a waiver under Government Code Section 6254.5.
Public Records Act Mar. 21, 2016
In re Marriage of Murchison
Reversal of order disqualifying wife's lawyer required where husband lacks standing to bring disqualification motion relating to lawyer's alleged ethical violations.
Family Law Mar. 21, 2016
Ellis v. County of Calaveras
Taxpayer's action properly dismissed where neither trial court nor county can effectively grant relief taxpayer sought.
Taxation Mar. 21, 2016
People v. Smith
Continuance should be granted under PC 1050 where preliminary hearing will still fall within statutorily mandated ten-day window (PC 859(b)), even absent good cause.
Criminal Law and Procedure Mar. 21, 2016
City of Palm Springs v. Luna Crest Inc.
Medical marijuana dispensary unsuccessfully challenges City of Palm Spring's medical marijuana regulatory program on grounds of federal preemption.
Municipal Law Mar. 21, 2016
Heckart v. A-1 Self Storage
Was a self-storage facility's storage rental agreement, which included provisions arguably meeting the definition of "insurance" (see Ins. Code, §§ 22, 1758.75), subject to regulation under the Insurance Code when the principal purpose of the agreement between the parties was the rental of storage space rather than the shifting and distribution of risk?
Mar. 21, 2016
United Riggers & Erectors v. Coast Iron & Steel
May a contractor withhold retention payments when there is a good faith dispute of any kind between the contractor and a subcontractor, or only when the dispute relates to the retention itself?
Mar. 21, 2016
In Re J.R.
Order
Mar. 21, 2016
People v. Lawless
Order
Mar. 21, 2016
People v. Ortiz
Order
Mar. 21, 2016
Schermer v. Tatum
Denial of class certification affirmed where there is no reasonable possibility plaintiffs can satisfy community of interest requirement for class certification.
Civil Procedure Mar. 21, 2016
Long v. Provide Commerce Inc.
Internet purchaser cannot be compelled to arbitrate dispute contained in inconspicuous 'Terms of Use' hyperlink on company's website.
Consumer Law Mar. 20, 2016
Costello v. Buckley
Motion to disqualify former attorney from representing adverse party properly granted where attorney learned confidential information during prior representation that could be used against former client.
Attorneys Mar. 18, 2016
San Diegans for Open Government v. City of San Diego (BH Partnership)
In approving lease agreement, city properly found appraisal was made by 'independent fee appraiser' though lessor admittedly paid appraiser's fees.
Municipal Law Mar. 18, 2016
People v. Adams
Cousins' convictions for forcible rape in concert, aggravated kidnapping, and related offenses remain intact despite error in failing to stay punishment on kidnapping conviction.
Criminal Law and Procedure Mar. 18, 2016
A.S., a Minor
Teen's troubled background justifies imposition of electronics search condition to prevent future criminality and ensure compliance with terms of probation.
Juveniles Mar. 18, 2016
Ardon v. City of Los Angeles
City's inadvertent release of exempt privileged documents to opposing counsel did not waive the exemption under the Public Records Act.
Public Records Act Mar. 18, 2016
People v. Juarez
Conspiracy charges that contain all elements of twice-dismissed attempted murder charges must be dismissed because they constitute 'the same offense' under Penal Code Section 1387.
Criminal Law and Procedure Mar. 18, 2016
People v. Medina
Aider and abettor's active involvement in every element of attempted robbery that ended in murder supported sentencing court's special circumstance finding.
Criminal Law and Procedure Mar. 18, 2016
People v. Myers
Denial of Proposition 36 resentencing petition affirmed where court does not err in use of definition regarding 'unreasonable risk of danger to public safety.'
Criminal Law and Procedure Mar. 18, 2016
Ebner v. Fresh Inc.
Motion to dismiss affirmed where consumer fails to state plausible claim for relief on claims alleging deceptive and misleading labeling and packaging of lip balm.
Consumer Law Mar. 18, 2016
Lenz v. Universal Music
Copyright holder must consider whether 'fair use' protects a party's use of its content before sending takedown notification.
Copyright Mar. 18, 2016
Saterbak v. JPMorgan Chase
Borrower lacks standing to preemptively challenge assignment of deed of trust from original lender to subsequent lender.
Probate and Trusts Mar. 18, 2016
Tenet Healthsystem Desert Inc. v. Blue Cross of California
Hospital's detailed allegations of fraud and misrepresentation claims against Anthem Blue Cross improperly dismissed via demurrer.
Civil Procedure Mar. 18, 2016