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Carpenter v. Montana Dept. of Labor and Industry Unemployment Insurance Contributions Bureau (In re Carpenter)
Montana's tax claim for unpaid corporate taxes takes priority status in corporate officers' personal bankruptcy case.
Bankruptcy Nov. 20, 2015
Reza v. Pearce
Arizona Senator violates protester's First Amendment rights by banning him from state Senate building; court errs by granting Senator qualified immunity on summary judgment.
Civil Rights Nov. 20, 2015
T.B. v. San Diego Unified School District
Where district's settlement offer is not more favorable than ultimate relief obtained, special education student can receive attorney fees under Individual with Disabilities Education Act.
Education Nov. 20, 2015
Young’s Market Co. v. Superior Court (San Diego Unified School District)
Trial court properly granted school district's petition for order to enter land adjacent to elementary school to conduct environmental testing because temporary intrusion does not constitute compensable taking.
Real Property Nov. 20, 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 Nov. 20, 2015
Brinkley v. Monterey Financial Services
Unconscionable fee and cost provision can be severed from parties' arbitration agreement; reversal required to allow arbitrator to decide arbitrability of class claims.
Contracts Nov. 20, 2015
People v. Hanson
Does the definition of "unreasonable risk of danger to public safety" (Pen. Code, § 1170.18, subd. (c)) under Proposition 47 ("the Safe Neighborhoods and Schools Act") apply on retroactivity or other grounds to resentencing under the Three Strikes Reform Act of 2012 (Pen. Code, § 1170.126)?
Nov. 20, 2015
S.F. Baykeeper v. Cal. State Lands Com. (Hanson Marine Operations Inc., et al.)
Cal. State Lands Commission's failure to comply with public trust doctrine when approving mining project requires partial reversal and remand.
Environmental Law Nov. 19, 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 Nov. 19, 2015
Sterling v. Sterling
Donald Sterling was properly removed as trustee from family trust due to incapacity and cannot 'undo' sale of Los Angeles Clippers.
Probate and Trusts Nov. 18, 2015
Batten v. WCAB, Long Beach Memorial
Workers' Compensation Appeals Board properly excluded petitioner's privately retained expert's opinion as barred under Labor Code Section 4061(i).
Workers' Compensation Nov. 18, 2015
I.R. v. Los Angeles Unified School District
LAUSD violates Education Code in failing to promptly initiate due process hearing when it reached impasse with parent regarding child's placement in special education environment.
Education Nov. 18, 2015
People v. Lee
Man who assaulted panhandler fails to overturn conviction with 'fruit of poisonous tree' argument, where challenged search warrant underlying assertion was erroneously quashed.
Criminal Law and Procedure Nov. 17, 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 Nov. 17, 2015
Underwriters of Interest v. ProBuilders Specialty Ins. Co.
Insurer entitled to seek equitable contribution from coinsurer despite 'escape clause' relieving coinsurer of duty to defend when other insurance is available.
Insurance Nov. 17, 2015
In re A.O.
Where trial court does not advise mother of right to appeal at time of dispositional ruling, untimely filing of appeal may be excused and merits of appeal may be heard.
Dependency Nov. 17, 2015
Maldonado v. U.S.
Order
Nov. 17, 2015
California Dept. of Justice v. Board of Administration of California Public Employees’ Retirement System (Resendrez)
DOJ must reinstate peace officer without conditions after CalPERS determined she was no longer incapacitated and was, therefore, eligible for reinstatement.
Employment Law Nov. 16, 2015
People v. Morris
Where former statute allowed for excess custody credits to apply to restitution fines at time of defendant's offense, said provision applies, though subsequent amendment proscribes such application.
Criminal Law and Procedure Nov. 16, 2015
Cooper v. Bettinger
Renewal of Cal. Code Civil Procedure Section 527.6(j)(1) civil harassment restraining order is not automatic; court has discretion over whether to renew and duration.
Civil Procedure Nov. 16, 2015
Stevens v. Workers’ Compensation Appeals Board
Reforms to workers' compensation scheme establishing independent medical review process passes constitutional muster.
Workers' Compensation Nov. 16, 2015
Carloss v. County of Alameda
Survivor may pursue claim for excess proceeds from mother's tax-defaulted property even in absence of recorded grant deed.
Real Property Nov. 16, 2015
In re A.O.
Where trial court does not advise mother of right to appeal at time of dispositional ruling, untimely filing of appeal may be excused and merits of appeal may be heard.
Dependency Nov. 16, 2015
Patrick F., a Minor
Juvenile's probation condition requiring submission of 'any electronics and passwords' is overbroad and requires modification stating what specifically is subject to search.
Juveniles Nov. 16, 2015
USA v. Gasca-Ruiz
Order
Nov. 16, 2015
NLRB v. Fresh & Easy Neighborhood Market Inc.
Service of subpoena upon Fresh & Easy Neighborhood Market is defective, but subpoena upheld because Fresh & Easy not excused from filing petition to revoke it.
Labor Law Nov. 16, 2015
Whole Woman's Health, et al. v. Cole, Comm'r, TX DHS
(a) When applying applicable standard, does a court err by refusing to consider whether and to what extent laws that restrict abortion for the stated purpose of promoting health actually serve the government's interest in promoting health? (b) Did the Fifth Circuit err in concluding that this standard permits Texas to enforce, in nearly all circumstances, laws that would cause a significant reduction in the availability of abortion services while failing to advance the State's interest in promoting health-or any other valid interest?
Nov. 16, 2015
Elnaggar v. Irvine Company
Order
Nov. 13, 2015
People v. Carothers
Are the conditions of probation mandated by Penal Code section 1203.067(b), for persons convicted of specified felony sex offenses - including waiver of the privilege against self-incrimination, required participation in polygraph examinations, and waiver of the psychotherapist-patient privilege - constitutional?
Nov. 13, 2015
People v. Jones
Is a total term of imprisonment of 50 years to life for murder committed by a 16-year-old offender the functional equivalent of life without possibility of parole by denying the offender a meaningful opportunity for release on parole? If so, does the sentence violate the Eighth Amendment absent consideration of the mitigating factors for juvenile offenders set forth in Miller v. Alabama (2012) 567 U.S. __ [132 S.Ct. 2455]? Did Senate Bill 260 (Reg. Sess. 2013-2014), which includes provisions for a parole suitability hearing after a maximum of 25 years for most juvenile offenders servin
Nov. 13, 2015