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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. 8, 2015
Lyall v. City of Los Angeles
Summary judgment in police's favor reversed where plaintiffs have standing with respect to warrantless-entry claims.
Civil Rights Dec. 8, 2015
Sjurset v. Button
Officers who removed children from father's custody as directed by Oregon Dept. of Human Services, but absent court order, qualify for immunity.
Civil Rights Dec. 8, 2015
U.S. v. James Lloyd
Head of Florida arm of unregistered security selling operation may not be made to pay restitution for harm caused by Los Angeles arm of group, absent greater evidence of concerted action.
Criminal Law and Procedure Dec. 8, 2015
People v. Tran
Postplea probation report may be considered when ruling on Cal. Penal Code Section 17(b) motion seeking to reduce felony to misdemeanor.
Criminal Law and Procedure Dec. 8, 2015
People v. Lexington National Insurance Co.
Surety entitled to vacate forfeiture of original bond after trial court unilaterally decided to increase criminal defendant's bail.
Criminal Law and Procedure Dec. 8, 2015
In re J.L.
Minor's burglary of cell phone out of school locker in violation of Cal. Penal Code Section 459 not eligible for Proposition 47 reclassification as shoplifting.
Criminal Law and Procedure Dec. 8, 2015
Catalina Island Yacht Club v. Superior Court (Beatty)
Trial court erroneously finds attorney-client privilege waiver based on deficiencies in responding party's privilege log.
Civil Procedure Dec. 8, 2015
France v. U.S.
Order
Dec. 8, 2015
Rounds v. Commissioner Social Security Administration
Discrepancies between vocational expert's testimony, Dictionary of Occupational titles, and determined residual functional capacity merit reconciliation in Supplemental Security Income claim.
Administrative Agencies Dec. 8, 2015
U.S. v. Gilbert
Federal prisoner's sentence amounts to final judgment that triggers limitations period for collateral attack although restitution was left unspecified.
Criminal Law and Procedure Dec. 8, 2015
People v. United States Fire Insurance Co.
Court erroneously calculates exoneration period by measuring extension from end of initial 185-day exoneration period instead of date of order granting extension motion.
Criminal Law and Procedure Dec. 7, 2015
Pacific Merchant Shipping Assn. v. Board of Pilot Com.
Fee award against pilots' port agent upheld where court properly determines plaintiff is prevailing party under the California Public Records Act.
Government Dec. 7, 2015
People v. Romanowski
Proposition 47 reduces theft of access card information under Cal. Penal Code Section 484e(d) to a misdemeanor, provided stolen property is valued less than $950.
Criminal Law and Procedure Dec. 7, 2015
People v. Gaines
Probation conditions forbidding 'dangerous drugs' and visits to stores where 'alcohol is the chief item of sale' are unconstitutionally vague.
Criminal Law and Procedure Dec. 7, 2015
People v. Denard
Burglar entitled to reduced sentence after trial court erroneously found Florida convictions constituted as strikes under California's Three Strikes law.
Criminal Law and Procedure Dec. 7, 2015
T.G., a Minor
Juvenile court may bypass reunification services based on prior orders terminating parental rights to older children, irrespective of pending appeals.
Dependency Dec. 4, 2015
Quesada v. Herb Thyme Farms Inc.
Organic Foods Production Act does not preempt state consumer lawsuit alleging deliberate mislabeling of "organic" products that actually contained conventionally-grown ingredients.
Consumer Law Dec. 4, 2015
People v. Cage
In automatic appeal from judgment of death following first degree murder convictions, defendant's claims are rejected and judgment affirmed in its entirety.
Criminal Law and Procedure Dec. 4, 2015
Cascadia Wildlands v. Thrailkill
Environmental groups' concern over spotted owl fails to stop efforts to salvage burned acreage caused by Douglas Fire Complex in Oregon Mountains.
Environmental Law Dec. 4, 2015
SEIU v. Los Robles Reg’l Med. Ctr.
Union's petition to compel arbitration not barred by statute of limitations; medical center's five month delay in responding to arbitration request violates good faith.
Labor Law Dec. 4, 2015
U.S. v. Holden
Health care fraud (in violation of 18 U.S.C. Section 1347) is continuing offense; government may charge a single health care fraud scheme even when several acts in furtherance of scheme fall outside statute of limitations.
Health Care Dec. 4, 2015
Harris v. Superior Court (People)
People may reinstate original robbery charge and related allegations following change in law that undermined fundamental assumption of plea bargain.
Criminal Law and Procedure Dec. 3, 2015
Dole Food Co. Inc. v. Superior Court (Shell Oil Co.)
Shell's $90 million settlement in mass tort over Carson's Carousel housing tract made in good faith despite failing to allocate proceeds.
Torts Dec. 3, 2015
Foster v. Britton
San Francisco Rent Board's rule regulating grounds for eviction is not preempted by state law and Board did not exceed its authority in its promulgation.
Municipal Law Dec. 3, 2015
Kirby v. County of Fresno
Qualified medical marijuana patient may proceed with lawsuit challenging Fresno County ordinance criminalizing marijuana dispensaries, cultivation, and storage of marijuana in all its zoning districts.
Municipal Law Dec. 3, 2015
U.S. v. Medina-Carrasco
Appeal dismissed where defendant is sentenced according to plea agreement and his waiver of appellate rights is valid and enforceable.
Criminal Law and Procedure Dec. 3, 2015
Daniel v. Ford Motor Co.
Summary judgment improper where district court erroneously declined to follow state court decision concerning 'latent defects' in connection with allegedly defective Ford vehicles.
Consumer Law Dec. 3, 2015
People v. Amaya
A defendant's petition for resentencing under Proposition 47 may be made orally.
Criminal Law and Procedure Dec. 3, 2015
Guess v. Benhardson
Woman cannot claim marital judgment lien over property now owned by couple because ex-spouse owed her zero in support payments at time he encumbered subject property.
Civil Procedure Dec. 2, 2015