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Clark v. McCann (Vu)
Voter's election contest involving uncounted provisional ballots in Chula Vista City Council election properly denied where voters did not provide current residence on ballots.
Constitutional Law Jan. 12, 2016
U.S. v. Swisher
18 U.S.C. Section 704(a), which prohibits wearing unauthorized military medals, violates First Amendment.
Constitutional Law Jan. 12, 2016
The Center for Auto Safety v. Chrysler Group LLC
Public access to filed motions hinges on whether motion is more than tangentially related to merits of underlying case, and not on whether such motion was dispositive.
Civil Procedure Jan. 12, 2016
Marriage of Peterson
Though husband stood to recover 150 percent of the parties' collective retirement, family court cannot fashion equitable relief to account for disparity in distribution.
Family Law Jan. 12, 2016
In re F.S.
Court does not prejudicially err in proceeding with hearing on Section 387 petition in mother's absence; substantial evidence supported removal of minor from mother's physical custody.
Juveniles Jan. 11, 2016
Rodriguez v. Menjivar
In a Domestic Violence Prevention Act proceeding, trial court errs in failing to consider evidence of former lover's controlling behavior where such mental abuse is relevant.
Family Law Jan. 11, 2016
In re Perl
Court errs in determining owner of property purchased through non-judicial foreclosure sale violated automatic stay provisions of Bankruptcy Code by evicting chapter 13 debtor.
Bankruptcy Jan. 11, 2016
Gladstone v. U.S. Bancorp
Debtor's interests in term life insurance policy, including secondary market value of such policy and resulting life settlements, constitute recoverable interest under 11 U.S.C. Section 548(a)(1).
Bankruptcy Jan. 11, 2016
People v. Wright
Failure to instruct on provocation and heat of passion was error, but does not warrant reversal of first degree murder conviction.
Criminal Law and Procedure Jan. 8, 2016
SCC Acquisitions Inc. v. Superior Court (Western Albuquerque Land Holdings LLC)
Trial court may compel judgment creditor to produce documents in its possession that would aid in enforcing money judgment even if such documents concerned third parties.
Civil Procedure Jan. 8, 2016
Retail Digital Network LLC v. Applesmith
Advertising middleman successfully reverses summary judgment in state's favor, where heightened, rather than intermediate, judicial scrutiny applies to law barring advertising payments for alcoholic products.
Civil Rights Jan. 8, 2016
Vardanyan v. Amco Insurance Co.
Trial court's intended jury instruction violates efficient proximate cause doctrine, warranting reversal of grant of directed verdict in insurer's favor.
Insurance Jan. 8, 2016
People v. Araujo
Where clear written waiver form is provided defendant, and read to defendant in her native language, motion to vacate because defendant did not understand immigration consequences of guilty plea is properly denied.
Criminal Law and Procedure Jan. 8, 2016
In re A.A.
After rehearing, court reaffirms that juvenile court not mandated to continue jurisdiction over youth after he turned 18 because he failed to meet eligibility for further foster care services.
Juveniles Jan. 8, 2016
Jewish Community Centers Development Corp. v. County of Los Angeles
Community center operator (a charitable organization) need not obtain organizational clearance certificates before property owner, another charitable organization, can be exempt from property taxes under welfare exemption.
Taxation Jan. 7, 2016
People v. Asghedom
Defendant's motion seeking to vacate convictions because he was not given immigration advisements must be reconsidered due to court's abuse of discretion.
Criminal Law and Procedure Jan. 7, 2016
B.H., a Minor
Reunification services properly bypassed with respect to father who failed to reunify with child's half-sibling irrespective of his noncustodial parental status with that child.
Dependency Jan. 7, 2016
King v. CompPartners
Doctor reviewing Workers' Compensation-provided drug regimen owes physician-patient duty of care to injured worker.
Torts Jan. 6, 2016
A.L., a Minor
Error in refusing to hear further testimony on 'active efforts' concerning Indian children does not warrant reversal of termination of parental rights where error was harmless.
Dependency Jan. 5, 2016
Washington v. Ryan
Order
Jan. 5, 2016
Howard Jarvis Taxpayers Association et al. v. Padilla (Legislature of the State of California)
Legislature may place Proposition 49 advisory measure on ballot seeking voter approval for proposed federal constitutional amendment overturning U.S. Supreme Court decision 'Citizens United.'
Constitutional Law Jan. 5, 2016
Crawford v. JPMorgan Chase Bank N.A.
Terminating sanctions proper where attorney threatened opposing counsel with physical harm and was openly contemptuous of trial court.
Attorneys Jan. 5, 2016
North Coast Rivers Alliance v. Kawamura
The California Dept. of Food and Agriculture's failure to address control of invasive moth species violated CEQA, requiring reversal of favorable judgment.
Environmental Law Jan. 5, 2016
Santa Monica College Faculty Association et al. v. Santa Monica Community College District
Education Code sections relating to termination and reappointment of temporary community college faculty can be harmonized, warranting reversal of order vacating arbitration awards.
Education Jan. 4, 2016
JMR Construction Corp. v. Environmental Assessment and Remediation Management Inc.
General contractor prevails against subcontractor and surety in contractual claims due to delays in public works project.
Contracts Jan. 4, 2016
In re Alejandro R.
Overbroad electronics search condition modified to media reasonably likely to reveal whether ward is boasting about drug use or otherwise involved with drugs.
Juveniles Jan. 4, 2016
M’Guinness v. Johnson
Concurrent representation of company and its shareholder in adverse litigation requires law firm's automatic disqualification without regard to subject matter of prior litigation.
Attorneys Jan. 4, 2016
The Gillette Co. v. Franchise Tax Board
Taxpayers no longer entitled to elect between state statutory formula and Multistate Tax Compact formula of apportioning state income tax following state legislature's 1993 amendment.
Taxation Jan. 4, 2016
Cuprite Mine Partners LLC v. Anderson et al.
Summary judgment properly granted in favor of those wishing to end cotenancy in mining claims through partition by sale.
Civil Procedure Jan. 4, 2016
Shirrod v. OWCP
Lodestar method of determining attorney's fees in workers' compensation case requires that a nexus exist between the relevant community used and the market rate that is applied.
Workers' Compensation Jan. 4, 2016