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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
People v. Santori
Restitution order in favor of City of Palmdale for graffiti abatement costs affirmed where it makes prima facie showing of loss at restitution hearing.
Criminal Law and Procedure Dec. 21, 2015
People v. Burton
Trial court properly admitted defendant's prior convictions for intimate partner battery for impeachment purposes because convictions were crimes involving moral turpitude.
Criminal Law and Procedure Dec. 21, 2015
People v. Superior Court (Sanchez-Flores)
Misdemeanant need not pay fines that misdemeanor charge otherwise called for before she may obtain relief contemplated under Deferral of Sentencing Pilot Program.
Criminal Law and Procedure Dec. 18, 2015
M.L., a Minor
Minor properly committed to Dept. of Juvenile Facilities based on his robbery and gun possession offenses although latter offense was not an eligible offense.
Juveniles Dec. 18, 2015
Cardenas v. Fanaian
Does Labor Code section 1102.5, subdivision (b), prohibit an employer from retaliating against an employee for reporting any alleged violation of law or only for reporting alleged violations that involve the conduct of the employer's business activities?
Dec. 18, 2015
Facebook v. Superior Court (Hunter)
(1) Did the Court of Appeal properly conclude that defendants are not entitled to pretrial access to records in the possession of Facebook, Instagram, and Twitter under the federal Stored Communications Act (18 U.S.C. § 2701, et seq.) and People v. Hammon (1997) 15 Cal.4th 117? (2) Does an order barring pretrial access to the requested records violate defendants' right to compulsory process and confrontation under the Sixth Amendment or their due process right to a fair trial? (3) Should this court limit or overrule People v. Hammon (1997) 15 Cal.4th 117?
Dec. 18, 2015
M.(J.) v. Huntington Beach Union High School District
Must a claimant under the Government Claims Act file a petition for relief from Government Code section 945.4's claim requirement, as set forth in Government Code section 946.6, if he has submitted a timely application for leave to present a late claim under Government Code section 911.6, subdivision (b)(2), and was a minor at all relevant times?
Dec. 18, 2015
Park v. Board of Trustees of the California State University
Does Code of Civil Procedure section 425.16 authorize a court to strike a cause of action in which the plaintiff challenges only the validity of an action taken by a public entity in an "official proceeding authorized by law" (subd. (e) ) but does not seek relief against any participant in that proceeding based on his or her protected communications?
Dec. 18, 2015
Robinson v. Lewis
When a state habeas petitioner has no good cause for delay, at what point in time is that state prisoner's petition, filed in a California court of review to challenge a lower state court's disposition of the prisoner's claims, untimely under California law; specifically, is a habeas petition untimely filed after an unexplained 66-day delay between the time a California trial court denies the petition and the time the petition is filed in the California Court of Appeal?
Dec. 18, 2015
Los Angeles County v. Superior Court (Los Angeles Waterkeeper)
Are invoices for legal services sent to the County of Los Angeles by outside counsel within the scope of the attorney-client privilege and exempt from disclosure under the California Public Records Act, even with all references to attorney opinions, advice and similar information redacted?
Dec. 18, 2015
People v. Prado
Was defendant's Sixth Amendment right to confrontation violated by the gang expert's reliance on testimonial hearsay (Crawford v. Washington (2004) 541 U.S. 36)?
Dec. 18, 2015