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Balestrieri v. Menlo Park Fire Protection District
Time firefighters spend collecting and transporting 'turnout' gear to temporary duty stations are not compensable because activity is not 'intrinsic to firefighting activity.'
Labor Law Sep. 8, 2015
In re Pham
Bankruptcy court cannot rely on local rules to sanction nonparty debtors and their attorney in deposition dispute.
Bankruptcy Sep. 4, 2015
Avendano-Hernandez v. Lynch
Immigration authorities erroneously denies Convention Against Torture protection to transgender woman who suffered repeated rape and assault by Mexican police and military officials.
Immigration Sep. 4, 2015
Wilkinson v. Gingrich
State court unreasonably applies rule of collateral estoppel when it upholds perjury conviction after defendant's acquittal in traffic court.
Criminal Law and Procedure Sep. 4, 2015
Alcantar v. Hobart Service
District court erroneously denies class certification by evaluating merits of over service technicians' commute-time claim in determining issue of commonality.
Labor Law Sep. 4, 2015
Nat'l Council of La Raza v. Cegavske
Civil rights organizations satisfy both Article III and statutory standing to allege Nevada violates Section 7 of the National Voter Registration Act.
Civil Rights Sep. 4, 2015
Elmore v. Sinclair
Not unreasonable to reject petitioner's ineffective assistance of counsel claims where counsel's decision not to present mental health defense was strategic and petitioner failed to show prejudice on other claims.
Criminal Law and Procedure Sep. 4, 2015
James L. Harris Painting & Decorating Inc. v. West Bay Builders Inc.
Party not entitled to attorney fees under fee-shifting provisions of prompt payment statutes fee where neither side was 'prevailing party' in whole litigation.
Contracts Sep. 4, 2015
Mak v. City of Berkeley Rent Stabilization Board (Ziem)
Landlords who evicted former, long-term tenant by misrepresenting intent to move-in may not collect higher rent from new tenant.
Real Property Sep. 4, 2015
Save Our Schools v. Barstow Unified
Where determinations are based on insufficient evidence, school district must reconsider whether school closures and student transfers are exempt from California Environmental Quality Act.
Environmental Law Sep. 4, 2015
People v. Mendoza
Attempt not a lesser included offense of sexual intercourse, sodomy, and oral copulation of a child under 10 years; trial court did not err by not offering jury instruction on attempt.
Criminal Law and Procedure Sep. 4, 2015
Marquez v. Dept. of Health Care Services
Notice and hearing not required whenever state agencies changes a Medi-Cal beneficiary's 'other health coverage' code.
Health Care Sep. 4, 2015
In re Swanigan
Board of Parole Hearings cannot deny parole to inmate who was otherwise suitable for parole because he maintained his innocence in murder.
Criminal Law and Procedure Sep. 3, 2015
Johnson v. U.S. Steel Corp.
Summary judgment erroneously granted in products liability case because record did not contain evidence negating existence of a design defect under consumer expectations test.
Torts Sep. 3, 2015
Park v. Board of Trustees of the California State University
Trial court errs in denying University's special motion to strike former employee's discrimination claim, the thrust of which was based on protected activity.
Employment Law Sep. 3, 2015
Collier v. Harris
Trial court prematurely denied defendant's anti-SLAPP motion where defendant's conduct, although protected, may nevertheless be illegal.
Civil Procedure Sep. 3, 2015
Cox v. USDA
No evidence USDA waived sovereign immunity; state and district court lack jurisdiction and district court bound to dismiss for lack of jurisdiction rather than remand.
Civil Procedure Sep. 3, 2015
Holmes v. California Victim Compensation and Government Claims Board
Person wrongfully convicted of failing to register as sex offender not entitled to indemnity because he sustained no pecuniary injury resulting from wrongful conviction.
Criminal Law and Procedure Sep. 2, 2015
People v. Seymour
Defendant who had been released from probation early is entitled to 'expungement' under Penal Code Section 1203.4 although he still owes victim restitution.
Criminal Law and Procedure Sep. 2, 2015
Sequeira v. Lincoln National Life Ins. Co.
Ambiguity in supplemental insurance policy regarding whether insured had to be at work on New Year's Day is interpreted in favor of insured's reasonable expectations.
Insurance Sep. 2, 2015
In re Acknowledgment Cases
City may not contract around Labor Code by requiring recruits to agree to reimburse City for extra police training, over the amount required by state law.
Labor Law Sep. 2, 2015
In re B.L.
On first impression, knocking walkie-talkie out of the hand of person holding it constitutes touching necessary for criminal battery.
Criminal Law and Procedure Sep. 2, 2015
People v. Vasquez
Former tenant commits burglary in house he formerly lived in although it appeared uninhabited due to sparse belongings inside.
Criminal Law and Procedure Sep. 2, 2015
Quijada-Aguilar v. Lynch
California Penal Code Section 192(a) is not categorically a crime of violence because it encompasses broader range of criminal intent than federal definition.
Immigration Sep. 2, 2015
Lair v. Bullock
District court must revisit Montana's political contribution limits in light of new case setting forth formulation of what constitutes important state interest.
Civil Rights Sep. 2, 2015
Walker v. City of San Clemente
City of San Clemente's failure to comply with Mitigation Fee Act entitles property owners to refund of unused fees.
Administrative Agencies Sep. 1, 2015
Daire v. Lattimore
Order
Sep. 1, 2015
Bill v. Brewer
Court order compelling non-consenting officers to submit DNA samples to aid in investigation of fellow officer's suspicious death does not violate Fourth Amendment.
Civil Rights Sep. 1, 2015
Creech v. Frauenheim
In habeas appeal, it is not unreasonable to conclude sufficient evidence exists to convict defendant of assault with a firearm and child endangerment.
Criminal Law and Procedure Sep. 1, 2015
U.S. v. Katakis
Real estate investor properly acquitted of obstruction of justice conviction where government failed to demonstrate he actually destroyed or concealed incriminating emails.
Criminal Law and Procedure Sep. 1, 2015