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Hernandezcueva v. E.F. Brady Co. Inc.
Nonsuit on strict products liability claim erroneously granted where evidence showed subcontractor who supplied and installed asbestos-containing products was in stream of commerce.
Torts Dec. 24, 2015
Mitchell v. Superior Court (Johnson)
Absent willful omission or violation of a court order, trial court abuses its discretion in excluding party's witness where party failed to identify witness during discovery.
Civil Procedure Dec. 24, 2015
Ziani Homeowners Association v. Brookfield Ziani LLC (Fadavi)
Timeliness of motion to intervene should be determined based on date movants knew or should have known their interests in litigation were not being adequately represented.
Civil Procedure Dec. 24, 2015
People v. Scally
Character evidence that is relevant to rebut defendant's claim that he is not a pimp is admissible.
Criminal Law and Procedure Dec. 24, 2015
U.S. v. Cisneros-Rodriguez
Defendant who was facially eligible for U-visa obtains reversal of illegal reentry conviction due to ICE agent's erroneous advice during administrative removal proceeding.
Criminal Law and Procedure Dec. 24, 2015
San Pablo Bay Pipeline Co. LLC v. Public Utilities Commission (Tesoro Refining & Marketing Co.)
Owner of crude oil pipeline unsuccessful in challenging Public Utilities Commission's decision to bifurcate proceedings and toll statute of limitations.
Utilities Dec. 24, 2015
Cruz v. Sun World International LLC
Lack of predominant common issues is sufficient basis for denial of certification in agricultural workers' wage suit.
Labor Law Dec. 24, 2015
Goddard v. Dept. of Fish and Wildlife
Dept. of Fish and Wildlife not liable for drowning death in Tuolumne River where condition created by man-made condition mimicked natural condition.
Government Dec. 24, 2015
County of Los Angeles Child Support Services Dept. v. Superior Court (Youngblood)
California court may not order genetic testing to challenge registration of foreign child support judgment where paternity was irrelevant to enforcement proceeding.
Family Law Dec. 23, 2015
HPT IHG-2 Properties Trust v. City of Anaheim
City of Anaheim properly estopped from changing terms of conditional use permit issued to allow plaintiff developers to construct two hotels.
Remedies Dec. 23, 2015
Natalie A., a Minor
Jurisdiction over children is proper where father's current drug use resulted in his failure to fulfill major parental obligations such as ensuring adequate supervision for children.
Dependency Dec. 23, 2015
Caldecott v. Superior Court (Newport-Mesa Unified School District)
Newport-Mesa Unified School District must disclose certain documents related to School District's response to former Executive Director's complaint regarding Superintendent's allegedly wrongful conduct.
Public Records Act Dec. 23, 2015
In re Swintek
Upon first impression, 11 U.S.C. Section 108(c) tolls the one-year expiration period for Application and Order for Appearance and Examination (ORAP) liens.
Bankruptcy Dec. 23, 2015
U.S. v. DeCinces
Appellate court lacks pendent appellate jurisdiction over defendant's interlocutory cross-appeal challenging his securities fraud indictment under the collateral order doctrine.
Criminal Law and Procedure Dec. 23, 2015
Pacific Radiation Oncology LLC v. Queen’s Medical Center
Adopting Eighth Circuit rule, relationship must exist between injury claimed in motion for injunctive relief and conduct alleged in underlying complaint.
Civil Procedure Dec. 23, 2015
Jang v. Lynch
North Korean Human Rights Act Section 302 does not preclude finding that North Korean has 'firmly settled' in South Korea.
Immigration Dec. 23, 2015
People v. Gerard
Board of Parole Hearing properly placed prisoner on 45-day hold to allow time for full 'mentally disordered offender' evaluation.
Criminal Law and Procedure Dec. 23, 2015
Roe v. Superior Court
Civil Procedure Section 2030.020 does not empower a court to compel parental interviews as part of mental examination of party who is a minor.
Administrative Agencies Dec. 22, 2015
Harrison v. City of Rancho Mirage
Municipal ordinance requiring someone over age 30 to sign agreement in short-term vacation rentals not subject to antidiscrimination provisions of Unruh Civil Rights Act.
Municipal Law Dec. 22, 2015
United Riggers & Erectors Inc. v. Coast Iron & Steel Co.
Contractor may only withhold retention payments where there is good faith dispute regarding subcontractor's entitlement to such payments.
Contracts Dec. 22, 2015
Viloria v. Lynch
Judicial review of Board of Immigration Appeals decisions is limited to final orders of removal, and 8 U.S.C. Section 1252(b)(5), is no exception.
Immigration Dec. 22, 2015
Garcia v. Long
Grant of habeas relief affirmed where petitioner's confession played for jury despite his unambiguous and unequivocal invocation of 'Miranda.'
Criminal Law and Procedure Dec. 22, 2015
Flowers v. Los Angeles County Metropolitan Transportation Authority
Public transit bus drivers may proceed with putative class action against Los Angeles Metropolitan Transportation Authority alleging violation of state minimum wage requirements.
Labor Law Dec. 21, 2015
In re Martin
Although increasing number of courts have adopted literal construction of the definition of "return" in dischargeability statute, this approach rejected in light of contextual reading.
Bankruptcy Dec. 21, 2015
Free v. Malaier (In re Free)
Wholly-unsecured liens previously discharged in chapter 7 filing cannot be used to calculate debtors' eligibility for subsequent chapter 13 filing.
Bankruptcy Dec. 21, 2015
Ai v. United States
All Commonwealth of Northern Mariana Islands workers and their employers must pay FICA taxes regardless of citizenship.
Taxation Dec. 21, 2015
Kerkeles v. City of San Jose
Where the difference between an attorney's request for fees, under 42 U.S.C. Section 1988, and the court's award is greater than 10 percent the court is expected to articulate its specific reasoning to allow for meaningful appellate review.
Civil Procedure Dec. 21, 2015
Pauma v. State of California
Summary judgment in favor of Pauma Band of Luiseno Mission Indians proper where California misrepresents material fact when negotiating amendment to gaming compact.
Gaming Dec. 21, 2015
Jewel v. National Security Agency
District court erroneously certifies claim under FRCP 54(b) involving challenge to government surveillance program where single claim was intrinsically intertwined with several remaining pending issues.
Civil Procedure Dec. 21, 2015
In re Chase C.
Minor exercises free speech right where he verbally encourages fellow minor not to cooperate with sheriff's deputy; does not commit obstruction when encouraging unlawfully detained friends not to cooperate.
Constitutional Law Dec. 21, 2015