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OBB Personenverkehr AG v. Sachs
Mere fact of Eurail pass sale in U.S. does not abrogate sovereign immunity of Austrian railway in U.S. suit brought by Californian for injuries suffered in Austria.
Civil Procedure Dec. 2, 2015
City of Hayward v. Board of Trustees of the California State University
Environmental impact report regarding expansion of university campus is generally adequate, but fails to meaningfully analyze impact on neighboring parkland and must reconsider feasibility regarding funding for parking mitigation.
Environmental Law Dec. 2, 2015
Flores-Rios v. Lynch
In petition for withholding of removal, Board of Immigration Appeals errs in not addressing the family aspect of petitioner's social group claim.
Immigration Dec. 2, 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. 2, 2015
People v. Williams
Offender's inability to control dangerous behavior caused by personality disorder supports trial court's decision to extend his commitment at state mental health facility.
Criminal Law and Procedure Dec. 2, 2015
Transbay Auto Service v. Chevron USA
Under 'possession plus' test, a party acting in conformity with contents of document adopts document's statements even if party never reviewed document's contents.
Evidence Dec. 1, 2015
Nozzi v. Housing Authority of the City of Los Angeles
Housing Authority flyer informing of changes to 'payment standards' for Section 8 beneficiaries is incomprehensible to ordinary beneficiary and therefore violates due process of law.
Civil Rights Dec. 1, 2015
Smith v. Scalia
Order
Dec. 1, 2015
Baez-Martinez v. U.S.
Order
Dec. 1, 2015
U.S. v. Kim
Order
Dec. 1, 2015
Center for Biological Diversity v. Cal. Dept. Fish & Wildlife (The Newhall Land and Farming Co.)
Department of Fish & Wildlife abuses its discretion by making a determination without the support of substantial evidence regarding proposed development's greenhouse gas emissions.
Environmental Law Dec. 1, 2015
B.H. v. City of San Bernardino
San Bernardino County liable for Sheriff's Dept.'s failure to cross-report initial 911 report of suspected child abuse to child welfare agency under Child Abuse and Neglect Reporting Act.
Juveniles Dec. 1, 2015
Mason v. Superior Court
There is probable cause for an arson indictment where a forest fire is a highly probable consequence of a defendant's conduct.
Administrative Agencies Dec. 1, 2015
County of San Bernardino v. Cohen
Laws pertaining to enforceable obligations of wound-down redevelopment agencies do not violate state Constitution as impermissible tax reallocations, as County's loan to agency ceased being tax revenue once dispersed.
Municipal Law Dec. 1, 2015
People v. Esparza
Defendant succeeds in reversing denial of Proposition 36 petition where court errs in placing burden of proof upon defendant regarding his dangerousness.
Criminal Law and Procedure Nov. 30, 2015
In re J.B.
Probation condition requiring juvenile to submit to search of electronics, passwords is unconstitutionally overbroad in light of petty theft offense.
Juveniles Nov. 30, 2015
Golden Gate Hill Development Co. v. County of Alameda
Property owner fails in action seeking tax refund where owner should have challenged the validity of the tax measures within 60 days of passage.
Taxation Nov. 30, 2015
Keli'i Akina, et al. v. Hawaii, et al.
Order
Nov. 30, 2015
Ramos v. Westlake Services
Motion to compel arbitration is correctly denied where plaintiff reasonably relies on Spanish translation of English contract that does not include arbitration agreement.
Contracts Nov. 27, 2015
D.F. v. Superior Court
Under Welf. & Inst. Code Section 361.5(b)(11), prior termination of parental rights need not have occurred in California in order for court in present dependency action to deny reunification services.
Administrative Agencies Nov. 27, 2015
People v. Gonzalez
Payment of civil penalty to federal agency does not entitle defendant to dismissal of criminal charge on double jeopardy ground.
Criminal Law and Procedure Nov. 27, 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 Nov. 27, 2015
People v. Peacock
Court errs in reclassifying defendant's felony offense of receiving stolen property to a misdemeanor under Proposition 47.
Criminal Law and Procedure Nov. 27, 2015
Sabato v. Brooks
Restraining order properly issued against ex-husband whose faxed opposition papers was, not only against local court rules, but constituted waiver of issue of court's jurisdiction.
Civil Procedure Nov. 27, 2015
Richtek USA Inc. v. uPI Semiconductor Corp.
Trial court may not utilize judicially-noticed documents in ruling on disputed factual issue concerning statute of limitations.
Civil Procedure Nov. 26, 2015
Garcia v. Holt
Landlords not liable for injuries landscaper sustained from explosives tenant brought to property and which landlords had no knowledge of.
Torts Nov. 25, 2015
People v. Lynn
Pursuant to 'People v. Johnson' court must determine defendant's eligibility for recall and resentencing of attempted grand theft conviction under Three Strikes Reform Act.
Criminal Law and Procedure Nov. 25, 2015
Borsuk v. Appellate Division (LA Hillcreste Apartments LLC)
Motion to quash service of summons is not proper vehicle to challenge service of three-day notice in unlawful detainer action.
Civil Procedure Nov. 25, 2015
Dakota J., a Minor
Juvenile court erroneously removes sons from mother's physical custody when they had not been living with her for several years prior to agency's dependency petition.
Dependency Nov. 25, 2015
People v. Cuen
Defendant not eligible for resentencing for theft of access card information because such offense is not subject to recall and resentencing under Proposition 47.
Criminal Law and Procedure Nov. 25, 2015