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Sheppard, Mullin, Richter & Hampton, LLP v. J-M Manufacturing Co. Inc.
Client successfully overturns order confirming arbitration award in favor of law firm where firm violated rule barring simultaneous representation of adverse clients.
Attorneys Feb. 29, 2016
Marilley v. Bonham
Order
Feb. 29, 2016
U.S. v. Hernandez-Castro
Defendant may not appeal sentence for breach of plea agreement where government fails to object to sentencing departure that differs from stipulation, especially where eventual sentence falls below stipulated range.
Criminal Law and Procedure Feb. 26, 2016
In re Albert C.
Did the juvenile court violate minor's due process rights by detaining him well past the 120-day limit established in the Los Angeles County Superior Court Juvenile Division's "Amended Competency to Stand Trial Protocol" (Protocol), without evidence of progress toward attaining competency? Does a violation of the Protocol establish a presumption of a due process violation?
Feb. 26, 2016
Harris v. Superior Court (People)
1) Are the People entitled to withdraw from a plea agreement for conviction of a lesser offense and to reinstate any dismissed counts if the defendant files a petition for recall of sentence and reduction of the conviction to a misdemeanor under Proposition 47? (2) If the defendant seeks such relief, are the parties returned to the status quo with no limits on the sentence that can be imposed on the ground that the defendant has repudiated the plea agreement by doing so?
Feb. 26, 2016
People v. Hernandez
Does Proposition 47 ("the Safe Neighborhoods and Schools Act"), which reclassifies as a misdemeanor any grand theft involving property valued at $950 or less (Pen. Code, § 490.2), apply to theft of access card information in violation of Penal Code section 484e, subdivision (d)?
Feb. 26, 2016
People v. King
Does Proposition 47 ("the Safe Neighborhoods and Schools Act"), which reclassifies as a misdemeanor any grand theft involving property valued at $950 or less (Pen. Code, § 490.2), apply to theft of access card information in violation of Penal Code section 484e, subdivision (d)?
Feb. 26, 2016
Verio Healthcare v. Superior Court (SG Homecare)
Order
Feb. 26, 2016
Caldwell v. Nelson (In re Caldwell)
Homestead exemption is not subject to statutory limit where debtor retained beneficial and equitable interest in property at all times despite various transfers of title.
Bankruptcy Feb. 26, 2016
In re Milby
Court errs in looking at trustee's post-discovery diligence when considering whether equitable tolling applies to bar claims seeking avoidance of alleged fraudulent transfers.
Bankruptcy Feb. 26, 2016
Ellis v. County of Calaveras
Taxpayer's action properly dismissed where neither trial court nor county can effectively grant relief taxpayer sought.
Taxation Feb. 26, 2016
Gaines v. Fidelity National Title Insurance Co.
Dismissal upheld; period during which action is stayed for mediation does not toll five-year period within which to bring action to trial.
Civil Procedure Feb. 26, 2016
People v. Garcia
Burglar's mere entries with felonious intent into structure and bathroom within that structure do not permit multiple burglary convictions.
Criminal Law and Procedure Feb. 26, 2016
In re Gary H.
Loitering near a school in violation of California Penal Code Section 653b is not void for vagueness because it includes a specific intent element.
Juveniles Feb. 25, 2016
Gonzalez v. United States
FBI's failure to disclose anti-immigration advocate's planned invasion to local law enforcement authorities is not actionable under discretionary exception to Federal Tort Claims Act.
Torts Feb. 25, 2016
State of Arizona ex rel. Darwin v. United States EPA
EPA did not act arbitrarily and capriciously in partially disapproving Arizona's 'State Implementation Plan' for reducing power plant emissions and in promulgating replacement federal plan.
Environmental Law Feb. 25, 2016
N.S., a Minor
Mother's appeal challenging juvenile court's jurisdictional finding is dismissed where appellate court cannot give mother relief beyond what she already obtained: her child's custody.
Dependency Feb. 25, 2016
Blackwell v. Vasilas
Summary judgment in favor of property owner improperly granted where injured laborer presented viable negligence claim under doctrine of respondeat superior.
Torts Feb. 25, 2016
Sweetwater Union School District v. Gilbane Building Co.
Defendants, accused of bribing school officials to obtain construction contracts, unsuccessful in overturning denial of anti-SLAPP motion where plaintiff sufficiently demonstrates probability of prevailing.
Government Feb. 25, 2016
Marriage of Obrecht
Though husband's appearance gave family court jurisdiction over his person, court nevertheless erred in entering default during pendency of petition to set aside motion to quash.
Family Law Feb. 25, 2016
In re K.S.
Where a minor suffers severe emotional damage, the juvenile court has jurisdiction when the parent is unable to provide appropriate mental health treatment.
Juveniles Feb. 25, 2016
Reading Int'l v. The Malulani Grp.
Order
Feb. 25, 2016
People v. Garcia
Defendants unsuccessful in challenging robbery convictions; gang enhancement also upheld where there is sufficient evidence to sustain jury's true finding.
Criminal Law and Procedure Feb. 24, 2016
People v. Quiroz
A trial court does not have jurisdiction to convene a competency hearing after a state hospital certifies that an involuntarily confined defendant is not likely to regain competence.
Criminal Law and Procedure Feb. 24, 2016
Macy v. City of Fontana
City and redevelopment agency exist as separate entities; demurrer properly granted to city in action brought by resident first against redevelopment agency, and then against city.
Municipal Law Feb. 24, 2016
In re Andres
Order granting habeas corpus petition affirmed where inmate timely filed appeal and was not required to use any specific mail procedure in filing appeal.
Criminal Law and Procedure Feb. 24, 2016
Moiser v. Stonefield Josephson
Summary judgment in favor of auditors upheld where receiver of company that was defrauded in Ponzi scheme cannot prove causation on tort claims.
Torts Feb. 24, 2016
In re Kirchner
Defendant, sentenced as a juvenile to life without possibility of parole, must pursue remedy providing opportunity for parole hearing before resorting to habeas relief.
Criminal Law and Procedure Feb. 24, 2016
Pipitone v. Williams
No triable issue in wrongful death action as to duty to report suspected abuse, where evidence shows only that consulted doctors may have had reason to 'speculate' as to potential abuse of woman who was subsequently murdered by her husband.
Torts Feb. 24, 2016
People v. Masters
Defendant's claims of error rejected; judgment of death for first degree murder of correctional officer affirmed in its entirety.
Criminal Law and Procedure Feb. 23, 2016