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Shirley v. University of Idaho
Order
Sep. 11, 2015
Santa Clarita Organization etc. v. Abercrombie
Express and implicit exceptions to conflict of interest statutes as set forth in water agency's enabling legislation exempt director of water agency from liability.
Government Sep. 11, 2015
RSL Funding v. Alford
Order approving assignment of annuity payment violates Structured Settlement Protection Act because annuity issuer may not be required to divide payments.
Insurance Sep. 11, 2015
Pasadena Police Officers Association v. Superior Court
Trial court applied Public Records Act exception too broadly in redacting independent review of Pasadena Police Department practices in wake of fatal shooting of unarmed teen.
Administrative Agencies Sep. 11, 2015
People v. Hernandez
Order
Sep. 11, 2015
People v. Ricardez
Order
Sep. 11, 2015
People v. Rosas
Order
Sep. 11, 2015
Marriage of Binger
Order
Sep. 11, 2015
People v. Harmon
Order
Sep. 11, 2015
Kahn v. The Dewey Group
Dismissed defendants' request for expert witness fees under California Code of Civil Procedure Section 998 is premature absent final judgments as to all defendants.
Civil Procedure Sep. 10, 2015
Shiffer v. CBS Corp.
Worker's mere presence in room where asbestos-containing products were being installed was insufficient to hold products manufacturer liable for his developing mesothelioma.
Torts Sep. 10, 2015
Taylor v. San Diego Cty.
Because sexually violent predators are not similarly situated to other categories of mentally impaired detainees, denial of petitioner's equal protection claim was proper.
Criminal Law and Procedure Sep. 10, 2015
U.S. v. Augare
Offender's coordinated and repetitive scheme of transferring project funds to his personal bank account, although not elaborate, nevertheless warranted 'sophisticated means' sentencing enhancement.
Criminal Law and Procedure Sep. 10, 2015
Marriage of Brandes
Based upon rebuttable presumption of lender's intent doctrine, party seeking to prove stock shares acquired during marriage by way of promissory note are separate property must make evidentiary showing to that effect.
Family Law Sep. 10, 2015
People v. Lewis
There is no 'Brady' violation relating to last-minute disclosure of arresting officer's criminal charges where there is not reasonable probability disclosure would have altered convictions.
Criminal Law and Procedure Sep. 10, 2015
WA Southwest 2 v. First Amer. Title Ins. Co.
'Discovery rule' not available to defeat statute of limitations defense, where plaintiffs in suit over failed investment scheme had been warned, in writing, of investment's riskiness and cost.
Civil Procedure Sep. 9, 2015
U.S. v. Aubrey
Contractor fails to overturn conviction for conversion and misapplication of federal funds resulting from involvement with construction projects for Navajo Nation.
Native American Affairs Sep. 9, 2015
Watson v. City of San Jose
New trial on damages warranted where jury instructions may have permitted jury to award damages for deprivations for which defendants were not responsible.
Civil Rights Sep. 9, 2015
Harkonen v. U.S. Dept. of Justice
Doctor may not sue Dept. of Justice under Information Quality Act for refusing to correct allegedly misleading information in press release.
Civil Procedure Sep. 9, 2015
OTET v. Hillsboro Garbage Disposal
Dismissal proper where common law breach of contract claims are preempted by Employee Retirement Income Security Act.
Employment Law Sep. 9, 2015
Miles v. Wesley
Trial court correctly employs 'O'Shea' federal abstention where plaintiffs seek injunction that would entail 'heavy federal interference' as to L.A. County Superior Court's courtroom budget-forced consolidation plan.
Government Sep. 9, 2015
People v. Arias
Juvenile adjudication constituting a conviction for purposes of sentencing under three strikes law also constitutes a conviction for purposes of determining eligibility for resentencing.
Criminal Law and Procedure Sep. 9, 2015
Summit Media LLC v. City of Los Angeles (CBS Outdoor LLC)
Advertising company that successfully halted use of outdoor digital displays loses bid to have all illegal digital displays demolished.
Government Sep. 9, 2015
People v. Uffelman
Based on legislative history, Penal Code catchall fine provision may be applied in addition to mandatory $10 fine applied to burglary convicts.
Criminal Law and Procedure Sep. 9, 2015
Facebook Inc. v. Superior Court (Hunter)
Trial court should have granted social networking site's motion to quash subpoenas for social media records of murder victim and witness of drive-by shooting.
Criminal Law and Procedure Sep. 9, 2015
Rancho De Calistoga v. City of Calistoga
Mobile home park owners cannot escape rent control by asserting 'as-applied private takings' claim.
Constitutional Law Sep. 8, 2015
U.S. v. Navarro
Prisoner set to be released before effective retroactivity date of otherwise-applicable sentence-reducing Sentencing Guideline amendment may not obtain relief based upon said amendment.
Criminal Law and Procedure Sep. 8, 2015
Idaho Power Co. v. FERC
Federal Energy Regulatory Commission abuses its discretion when it fails to undertake proper analysis when approving settlements that are contested.
Utilities Sep. 8, 2015
Rodriguez v. Sony Computer Entertainment LLC
Consumer's unlawful retention claim under Video Privacy Protection Act fails because Act does not provide private right of action to enforce retention requirements.
Consumer Law Sep. 8, 2015
IATSE v. InSync Show Productions
Order compelling arbitration is proper where it is arbitrator who must decide whether the collective bargaining agreement is still in effect.
Labor Law Sep. 8, 2015