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In re Erica R.
Condition of probation is valid unless it: [1] does not have a relationship to crime, [2] relates to conduct which is not criminal, and [3] requires or forbids conduct not reasonably related to future criminality
Juveniles Sep. 30, 2015
People v. Leeds
Murder conviction is reversed and remanded for new sanity trial where court erroneously instructs jury on self-defense by applying objective rather than subjective standard.
Criminal Law and Procedure Sep. 30, 2015
People v. Douglas
Detention justified based on officer's objectively reasonable conclusion that defendant was on post-risk community supervision probation and therefore subject to detention and search.
Criminal Law and Procedure Sep. 30, 2015
Hinojosa v. Davey
The 2010 amendment of California Penal Code Section 2933.6 violates the Ex Post Facto Clause as applied to prisoners who committed their underlying criminal offense prior to the amendment's enactment.
Criminal Law and Procedure Sep. 30, 2015
Zumel v. Lynch
Board of Immigration Appeals is vacated when it does not apply clear error standard of review to immigration judge's factual finding.
Immigration Sep. 30, 2015
People v. Romeo
Advance knowledge of probation search conditions must be possessed by officers before they effect a warrantless search of probationers' residence.
Criminal Law and Procedure Sep. 30, 2015
People v. Scarbrough
California Penal Code Section 1170.18 does not grant trial court concurrent jurisdiction to resentence defendant while appeal is pending.
Criminal Law and Procedure Sep. 30, 2015
People v. Ortega
Forcible sexual penetration conviction reversed where defendant prejudiced by failure to instruct on lesser included offense of sexual battery.
Criminal Law and Procedure Sep. 30, 2015
In re Emma B.
In a dependency hearing to determine presumed parentage, when court identifies presumed father based on marital status and conduct, issue of biology is not relevant; presumed father is not entitled to a genetic test.
Dependency Sep. 30, 2015
Vita Planning & Landscape v. HKS Architects
The protections provided to California subcontractors under Code of Civil Procedure Section 410.42, are enforceable against architects and design firms in their capacities as contractors on projects in California.
Contracts Sep. 29, 2015
Myers v. St. Bd. of Equal. (California Physicians' Service, et al.)
Taxpayer sufficiently alleges Blue Shield of California and Blue Cross of California are 'insurers' subject to gross premium taxes under California constitution.
Taxation Sep. 29, 2015
U.S. v. Fowlkes
The 4th Amendment rights of an arrestee are violated when officers forcibly remove an unidentified item of unknown size from the detainee's rectum without medical training or a warrant.
Criminal Law and Procedure Sep. 29, 2015
Pena v. Lynch
Court lacks jurisdiction to review petitioner's challenge to expedited removal proceedings in view of jurisdiction-stripping provisions of 8 U.S.C. Section 1252(a)(2)(A).
Immigration Sep. 29, 2015
Sakkab v. Luxottica Retail N. Am.
FAA does not preempt Cal. law holding pre-dispute agreements waiving PAGA claims unenforceable because law is generally applicable, preserved under the FAA's savings clause, and does not conflict with the FAA's purpose.
Employment Law Sep. 29, 2015
In the Matter of: Tower Park Props.
Trust beneficiary is not 'party of interest' under bankruptcy code and therefore lacks standing to object to settlement between debtor, trust's entities and trustees.
Bankruptcy Sep. 29, 2015
In re Tobacco Cases II
Measure for restitution in UCL claim set forth in 'Vioxx' is appropriate; restitution may not rest purely on deterrence basis.
Consumer Law Sep. 29, 2015
Simonelli v. City of Carmel-By-The-Sea
Property owner may proceed with lawsuit against City where trial court erroneously denied her leave to amend based on improper application of limitations period.
Civil Procedure Sep. 29, 2015
Contra Costa Co. v. Workers' Compensation Appeals Board
Reversal required where worker's compensation appeals board's decision awarding employee permanent disability rating of 79 percent does not comport with approved methods for rebutting rating.
Workers' Compensation Sep. 28, 2015
California School Boards Association v. State Board of Education (Aspire Public Schools Inc.)
Reference to adjudicatory provisions of APA in Education Code section that authorizes Board of Education to grant or deny charter school application is the result of a drafting error.
Government Sep. 28, 2015
Bradford v. Scherschlight
District court improperly dismissed plaintiff's underlying 'Devereaux' claim as untimely because, contrary to court's view, claim did not accrue until his acquittal.
Civil Rights Sep. 28, 2015
International Franchise Association Inc. v. City of Seattle
Franchise association unable to show likely success on the merits not entitled to preliminary injunction preventing enactment of Seattle minimum wage ordinance.
Civil Rights Sep. 28, 2015
In re M.M.
Juvenile court properly assumes permanent jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act after minor's home state of Japan refuses to discuss case.
Juveniles Sep. 28, 2015
People v. Garcia
Order
Sep. 25, 2015
People v. Adams
Order
Sep. 25, 2015
Harris v. Superior Court (People)
Order
Sep. 25, 2015
People v. Herrera
Order
Sep. 25, 2015
Pugh (Darryl Eric) on H.C.
Order
Sep. 25, 2015
People v. Sellner
Offender fails to overturn trial court order resentencing her to two years felony jail for receiving stolen property under Proposition 47.
Criminal Law and Procedure Sep. 25, 2015
D.P., a Minor
Alleged father has no right to insist on DNA test to establish paternity where evidence conclusively established he was not child's biological father.
Juveniles Sep. 24, 2015
Ezra v. Seror (In re Ezra)
Chapter 7 bankruptcy trustee may avoid allegedly fraudulent transfers where debtors' pattern of practice evidenced intent to hinder, delay, or defraud creditors.
Bankruptcy Sep. 24, 2015