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Name Category Published
Brown (Elbert) on Habeas Corpus
Order
Dec. 18, 2015
Nationwide Mutual Ins. v. Shimon
Auto insurance policy excluding coverage for 'regular use' of non-owned vehicle bars coverage for teenager's accident under mother's policy.
Insurance Dec. 18, 2015
California Building Industry Association v. Bay Area Air Quality Management District
CEQA generally does not require analysis of how existing environmental conditions will impact future residents or users of proposed project.
Environmental Law Dec. 18, 2015
People v. Goolsby
Lesser related arson of property offense can be retried where it was prosecuted in single proceeding along with arson of an 'inhabited structure or inhabited property.'
Criminal Law and Procedure Dec. 18, 2015
State of California v. FERC
'Mobile-Sierra' doctrine, presuming contracted-for rates are 'just and reasonable' under Federal Power Act, applies to spot sales for electricity.
Administrative Agencies Dec. 18, 2015
In re D.C.
Biological Indian ancestry not required for ICWA notice requirement to be triggered, where adoptive father claims potential tribe membership.
Dependency Dec. 18, 2015
In re Stijakovich-Santilli
Chapter 7 trustee's objection to debtor's claim of exemption is not untimely; court errs in construing bankruptcy rule regarding exception to 30 day objection deadline.
Bankruptcy Dec. 17, 2015
Jenks v. DLA Piper Rudnick Gray Cary US LLP
Law firm, as successor by merger, has standing to enforce arbitration agreement entered into between resigning associate attorney and prior employer.
Contracts Dec. 17, 2015
Sturgeon v. County of L.A.
Third lawsuit challenging Los Angeles County's payment of supplemental benefits to trial judges properly dismissed where Legislature 'fixed' problem in enacting new law.
Judges Dec. 16, 2015
People v. Burnes
Court errs in relying solely on inadmissible and unreliable probation report when determining defendant was armed and thus ineligible for Proposition 36 resentencing.
Criminal Law and Procedure Dec. 16, 2015
Mondaca-Vega v. Holder
Petitioner fails in challenging court's determination he was born in Mexico and not the United States based on asserted error regarding burden of proof.
Immigration Dec. 16, 2015
Morrison v. Peterson
Cal. Penal Code section requiring 'reasonable probability' that DNA testing would effect more favorable result in postconviction relief context does not violate any principle of fundamental fairness.
Prisoners Rights Dec. 16, 2015
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 Dec. 16, 2015
Javorsky v. Western Athletic Clubs, Inc.
Summary judgment in health club's favor affirmed where it establishes its young professionals discount is reasonable and not arbitrary.
Civil Rights Dec. 15, 2015
DIRECTV Inc. v. Imburgia
California court must enforce DIRECTV's arbitration agreement where court's interpretation was contrary to federal policy favoring arbitration.
Consumer Law Dec. 15, 2015
White v. Wheeler
Kentucky defendant's death sentence reinstated after Sixth Circuit wrongly overturns his sentence after determining juror should not have been excused.
Criminal Law and Procedure Dec. 15, 2015
Franklin High Yield Tax-Free Income Fund v. City of Stockton (In re City of Stockton)
Bankruptcy court applies doctrine of equitable mootness to dismiss creditor's challenge over confirmation of City of Stockton's plan involving its chapter 9 bankruptcy filing.
Bankruptcy Dec. 15, 2015
In re Delia Ruiz
Not an 'extraordinary circumstance' per se, where trustee's requested compensation exceeds payment to unsecured creditors.
Bankruptcy Dec. 15, 2015
U.S. v. Bryant
Whether reliance on valid uncounseled tribal-court misdemeanor convictions to prove 18 U.S.C. Section 117(a)'s predicate-offense element violates Constitution.
Dec. 15, 2015
Rosenfield v. GlobalTranz Enters.
Summary judgment in employer's favor on employee's anti-retaliation claim under the Fair Labor Standards Act reversed where jury could reasonably find employee provided 'fair notice.'
Labor Law Dec. 15, 2015
Dominguez v. Colvin
Disability benefits applicant not entitled to immediate award of benefits despite administrative law judge's legal error where there remained inconsistencies, conflicts, and gaps in the records.
Administrative Agencies Dec. 15, 2015
Mohammad Talaie v. Wells Fargo Bank
2009 Amendment to Truth in Lending Act does not apply retroactively to conduct from 2006.
Civil Procedure Dec. 15, 2015
Frank v. Schultz
Summary judgment in prisoner's due process claim affirmed where any procedural error is corrected in the administrative appeal process.
Prisoners Rights Dec. 15, 2015
DeSilva Gates Construction LP v. Dept. of Transportation
Contract award properly invalidated where CalTrans erroneously deemed lowest-bidder's bid 'nonresponsive' and abused its discretion in waiving winning bidder's material deviation from bid information.
Government Dec. 15, 2015
Holloway v. Quetel
Where plaintiff fails to submit appropriate supporting documentation, trial court does not err in refusing to enter default judgment for plaintiff and deciding matter in favor of defendants.
Civil Procedure Dec. 15, 2015
Marriage of Eustice
Default judgment not rendered void by alleged deficiencies in marital dissolution petition, where spouse had adequate notice of property subject to disposition.
Family Law Dec. 14, 2015
People v. Trenton
Where minor does not receive sufficient notice of his eligibility for deferred entry of judgment, case must be remanded to determine such eligibility.
Juveniles Dec. 14, 2015
Imperial County Dept. etc. v. S.S.
Not an error where juvenile court terminates jurisdiction over child who has died, though parents sought jurisdiction to continue until cause of death was officially determined.
Dependency Dec. 14, 2015
People v. Jimenez
DUI-related convictions affirmed where substantial evidence establishes defendant was under influence of methamphetamine and implied malice, and blood test results not subject to exclusion.
Criminal Law and Procedure Dec. 14, 2015
UTHE Technology Corp. v Aetrium Inc.
Company may pursue treble damages under RICO where Singapore arbitration award did not constitute full satisfaction of existing RICO claim.
Antitrust Dec. 14, 2015