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Prue v. Brady Co./San Diego Inc.
Summary judgment improper where employee timely and sufficiently alleged cause of action for common law wrongful discharge in violation of public policy stemming from work-related injury discrimination.
Employment Law Dec. 14, 2015
People v. Neuman
Can excess custody credits be used to reduce or eliminate the one-year parole period required by Penal Code section 1170.18(d), upon resentencing under Proposition 47?
Dec. 11, 2015
California Native Plant Society v. County of Los Angeles (Newhall Land and Farming Company)
(1) Does the environmental impact report for a large land development in northwest Los Angeles County validly determine the development would not significantly impact the environment by its discharge of greenhouse gases? (2) Are mitigation measures adopted for protection of a freshwater fish, the unarmored threespine stickleback, improper because they involve taking of the fish prohibited by the Fish and Game Code? (3) Were plaintiffs' comments on two other areas of disputed impact submitted too late in the environmental review process?
Dec. 11, 2015
People v. Castaneda
Did defendant's sentence of 50 years to life for a homicide committed when he was a juvenile violate the Eighth Amendment? Was the first issue rendered moot by the enactment of Penal Code section 3051?
Dec. 11, 2015
People v. Jackson
Does the definition of "unreasonable risk of danger to public safety" in Proposition 47 (Pen. Code, § 1170.18) apply retroactively to the recall and resentencing proceedings under the Three Strikes Reform Act of 2012 (Pen. Code, § 1170.126)?
Dec. 11, 2015
People v. Lara
Order
Dec. 11, 2015
Schneer v. Llaurado
Court errs in finding California lacks jurisdiction over custody petition where child resided in California for six continuous months despite her absence prior to petition's filing.
Family Law Dec. 11, 2015
U.S. v. Ye
First paragraph of 18 U.S.C. Section 1542, prohibiting 'willfully and knowingly' making false statements on a passport application, does not require specific intent.
Criminal Law and Procedure Dec. 11, 2015
Pesticide Action Network North America v. United States EPA
EPA's years-long delay in issuing a final response to environmental organizations' petition requesting ban on pesticide is 'egregious' and warrants mandamus relief.
Administrative Agencies Dec. 11, 2015
People v. Stevens
In a commitment hearing under the Mentally Disordered Offender Act, People may not prove facts underlying commitment offense through mental health expert's opinion testimony.
Criminal Law and Procedure Dec. 11, 2015
Hampton v. County of San Diego
San Diego County entitled to design immunity from lawsuit claiming intersection constituted dangerous condition of public property although design plans deviated from County's own standards.
Torts Dec. 11, 2015
People v. King
Defendant's petition for resentencing under Proposition 47 is properly denied where his felony grand theft conviction was not a qualifying offense.
Criminal Law and Procedure Dec. 11, 2015
People v. Tirey
Legislature's subsequent amendments to relevant Penal Code provisions make clear that child sex offender is ineligible to petition for certificate of rehabilitation.
Criminal Law and Procedure Dec. 10, 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. 10, 2015
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 Dec. 10, 2015
People v. Rigmaden
Did defendant's sentence of 50 years to life for a homicide committed when he was a juvenile violate the Eighth Amendment? Was the first issue rendered moot by the enactment of Penal Code section 3051?
Dec. 10, 2015
People v. Armogeda
Can excess custody credits be used to reduce or eliminate the one-year parole period required by Penal Code section 1170.18, subdivision (d), upon resentencing under Proposition 47?
Dec. 10, 2015
People v. Nilsson
Aggravated white collar crime enhancement improperly imposed where prosecutor failed to plead two felonies were related.
Criminal Law and Procedure Dec. 10, 2015
Shapiro v. McManus
Petitioners' suit challenging Maryland's congressional redistricting should have been heard by three-judge panel; district court errs in dismissing action.
Constitutional Law Dec. 9, 2015
People v. Dealba
Offender who repeatedly rammed into victim's vehicle commits spousal battery through indirect touching where victim was forced to take defensive maneuvers to avoid losing control of vehicle.
Criminal Law and Procedure Dec. 9, 2015
In re Jackson
Bankruptcy court correctly overrules chapter 13 debtors' claim objection to IRS's amended proof of claim.
Bankruptcy Dec. 9, 2015
Palacio v. Jan & Gail's Care Homes
Denial of class certification proper where 24-hour residential care facility not required to inform employees they may revoke agreement requiring working on-duty meal periods.
Labor Law Dec. 9, 2015
People v. Johnson
Trial court must set hearing for defendant's motion for release of jurors' identifying information based on jury misconduct following erroneous appellate court ruling.
Criminal Law and Procedure Dec. 9, 2015
Hot Rods v. Northrop Grumman Systems Corp.
The general rule that indemnity applies to third party claims does not apply where the parties to a contract use the term to include both direct and third party liability.
Contracts Dec. 9, 2015
Mays v. Clark
Admission of inculpatory statements that violated defendant's 'Miranda' rights does not warrant habeas relief where error was not prejudicial.
Criminal Law and Procedure Dec. 9, 2015
Richey v. Dahne
Prison Litigation Reform Act does not bar prisoner from receiving in forma pauperis status on appeal of his third-strike dismissal.
Prisoners Rights Dec. 9, 2015
California Tow Truck Association v. City and County of San Francisco
Law requiring tow car firm applicants to include business plan does not fall under safety exception to Federal Aviation Administration Authorization Act and is thus preempted.
Municipal Law Dec. 9, 2015
People v. McGowan
Per Penal Code Section 991, arraigning court may dismiss individual charges from complaint, rather than all or none.
Criminal Law and Procedure Dec. 9, 2015
Great Oaks Water Co. v. Santa Clara Valley Water Dist.
On second rehearing, groundwater extraction fee is charge for water service and thus exempt from voter ratification under the California Constitution.
Taxation Dec. 9, 2015
K.P., a Minor
Compliance under Indian Children and Welfare Act is unnecessary after tribe disenrolled twins and determined them ineligible for membership.
Dependency Dec. 8, 2015