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Lanz v. Goldstone
Anti-SLAPP motion properly denied where attorney demonstrates probability of prevailing on malicious prosecution claim against former client's subsequent attorney.
Civil Procedure Dec. 31, 2015
Americans for Prosperity Foundation v. Harris
California Attorney General may collect, but not publicly disclose, nonprofit organizations' IRS Form 990 Schedule B forms though they contain information on major donors.
Constitutional Law Dec. 31, 2015
Garibotti v. Hinkle
Jurisdictional language limiting time frame within which trial court may grant motion for new judgment is mandatory; rulings after said time frame are void.
Civil Procedure Dec. 31, 2015
People v. Goode
The lapse of a few seconds between opening a storm door and attempting to open a nearby window in order to gain unlawful entry to the same residence was insufficient to make defendant's conduct divisible in time.
Criminal Law and Procedure Dec. 31, 2015
DM Residential Fund II LLC v. First Tennessee Bank National Association
Purchaser's two-year delay in pursuing rescission and taking action inconsistent with unwinding purchase results in affirmance of summary judgment in seller's favor.
Remedies Dec. 31, 2015
Dorrance v. United States
Life insurance policyholders not entitled to refund on taxes paid from sale of stock acquired through insurance companies' demutualizations.
Taxation Dec. 31, 2015
Correo-Ruiz v. Lynch
Brothers who were otherwise inadmissible under 'In re Briones' has another chance at obtaining immigration relief if they can establish legitimate reliance on pre-Briones law.
Immigration Dec. 31, 2015
Adobe Systems Inc. v. Christenson
Under burden shifting framework, copyright claim properly dismissed where Adobe Systems cannot produce restrictive licenses after unauthorized software seller meets burden under first sale defense.
Copyright Dec. 31, 2015
Styers v. Ryan
Murderer not entitled to habeas relief despite state court's constitutional error because state court's 'finality' determination was not contrary to federal law.
Criminal Law and Procedure Dec. 31, 2015
K.R. v. Superior Court (People)
Minor has no 'Arbuckle' right to insist on judge who agreed to negotiated disposition to preside over his 'sentencing' after another judge refused to impose proposed disposition.
Juveniles Dec. 31, 2015
Heckart v. A-1 Self Storage Inc. et al.
'Protection Plan' modifying self-storage rental agreement's allocation of liability for loss or damage is not insurance subject to regulation under the Insurance Code.
Insurance Dec. 31, 2015
People v. Haywood
Court declines invitation to 'engage in judicial legislation;' affirms rejection of Prop 47 petition arguing that crime outside of those considered by initiative (unlawful taking/driving of vehicle) could merit resentencing.
Criminal Law and Procedure Dec. 31, 2015
Kemper v. Co. of San Diego
Collateral estoppel bars parent's legal malpractice action when identical issue (causation) has already been litigated and decided in juvenile dependency action.
Juveniles Dec. 30, 2015
Castro v. County of Los Angeles
Order
Dec. 30, 2015
U.S. v. Taylor
Proof of risk of loss to financial institution not required for conviction of making false statements to a bank.
Criminal Law and Procedure Dec. 30, 2015
Alaska Wilderness League v. Jewell
Order
Dec. 30, 2015
Oyama v. University of Hawaii
University's decision to deny prospective public school teacher's application based on his aberrant views regarding student-teacher sexual relations and disabled students does not violate the First Amendment.
Civil Rights Dec. 30, 2015
McKinney v. Ryan
Denial of writ of habeas corpus reversed where court commits constitutional error in death sentence by applying state's 'causal nexus' test to nonstatutory mitigation factors.
Criminal Law and Procedure Dec. 30, 2015
People v. Thompson
Defendant entitled to resentencing of grand theft of access card information conviction as misdemeanor under Proposition 47 where value of taken property less than $950.
Criminal Law and Procedure Dec. 29, 2015
Moore v. William Jessup University
Primary assumption of risk bars delivery driver's negligence action against shipper that allegedly understated weight of box on shipping label.
Torts Dec. 29, 2015
Almanza-Arenas v. Lynch
Petitioner successfully challenges denial of cancellation of removal where vehicle theft under California Vehicle Code Section 10851(a) is not categorical match to crime of moral turpitude.
Immigration Dec. 29, 2015
U.S. v. Navarrette-Aguilar
Heroin dealer must be resentenced due to district court's erroneous ruling on jury's quantity finding which, in turn, prejudicially triggered mandatory minimum 20-year sentence.
Criminal Law and Procedure Dec. 29, 2015
People v. Hicks
Court properly refuses to advise jury during second degree murder trial that defendant had been convicted of lesser related offense in first trial.
Criminal Law and Procedure Dec. 28, 2015
People v. Estrada
Court properly finds defendant ineligible for resentencing as second-strike offender under Proposition 36 based on preliminary hearing testimony showing defendant used firearm during robbery.
Criminal Law and Procedure Dec. 28, 2015
People v. Marks
Petitioner may not seek to reclassify prior drug offenses as misdemeanors through petition for resentencing on current felony conviction under Proposition 47.
Criminal Law and Procedure Dec. 28, 2015
Crawley v. Alameda County Waste Management Authority
Alameda County Waste Management Authority's imposition of hazardous waste collection and disposal fee is exempt from California Constitution's requirement of majority electorate approval.
Municipal Law Dec. 28, 2015
McDaniels v. Kirkland
In habeas cases, federal courts may consider entire state-court record, including evidence presented only to trial court.
Criminal Law and Procedure Dec. 28, 2015
U.S. v. Cook
Drug supplier defendant's fact pattern differs meaningfully from 'Gant' defendant, supports finding that search incident to lawful arrest was constitutional.
Criminal Law and Procedure Dec. 28, 2015
People v. Sandoval
In automatic appeal from death sentence for murder conviction, lying-in-wait special circumstance finding reversed but judgment otherwise affirmed.
Criminal Law and Procedure Dec. 28, 2015
People v. Gomez
Defendant not entitled to resentencing under Proposition 47 when he fails to meet burden showing vehicle he took was valued at less than $950.
Criminal Law and Procedure Dec. 24, 2015