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Edwards v. First American Corp.
Denial of class certification is vacated where issues relating to alleged common kickback scheme between title insurance company and title agencies predominate over individual issues.
Consumer Law Aug. 25, 2015
Poole v. Orange County Fire Authority
Supervisor's daily log does not constitute 'personnel file' under Firefighters Procedural Bill of Rights Act because log was neither shared nor made available to anyone but author.
Government Aug. 25, 2015
People v. Seumanu
In automatic appeal, California Supreme Court rejects defendant's 'Jones' claim concerning delay in implementing death penalty, an issue more appropriately presented in a petition for habeas corpus.
Criminal Law and Procedure Aug. 25, 2015
People v. Williams
Rejection of claims of numerous alleged errors during gang leader's guilt and penalty phase of trial results in affirmance of death sentence.
Criminal Law and Procedure Aug. 25, 2015
People v. Sherow
Under Proposition 47, petitioner seeking resentencing has burden to show losses do not exceed $950 and thus fall within new statutory definition of shoplifting.
Criminal Law and Procedure Aug. 24, 2015
Judicial Council of California v. Jacobs Facilities Inc.
Verdict in favor of contractor overturned where contractor indisputably failed to comply with licensing requirements, but contractor may nevertheless avoid forfeiture if substantial compliance is demonstrated.
Contracts Aug. 24, 2015
LA Taxi v. Independent Taxi Owners
Anti-SLAPP motion is correctly denied when the alleged false internet advertisements for taxicabs constitute purely commercial speech not protected under the statute.
Civil Procedure Aug. 24, 2015
Soto v. BorgWarner Morse TEC
Punitive damages award in asbestos-related mesothelioma case reversed where plaintiffs fail to provide meaningful evidence of defendant's financial condition.
Torts Aug. 24, 2015
ONRC Action v. U.S. Bureau of Reclamation
Bureau of Reclamation's operation of Klamath Straits Drain is exempted from Clean Water Act's permit requirements concerning alleged discharge of pollutants.
Environmental Law Aug. 24, 2015
Smith v. Lopez
Order
Aug. 24, 2015
Rutledge v. Hewlett-Packard
Debate over inadequacies of HP tablet notebook constitute issues of fact, not law, invalidating summary judgment of lower court.
Civil Procedure Aug. 24, 2015
Auffert v. Capitales Tours
In case arising from crash of French tour bus in Monterey County, court may not dismiss for forum non conveniens if remedy availability in alternative forum (French courts) is uncertain.
Civil Procedure Aug. 24, 2015
In re Marriage of Siegel
Court errs in issuing order far exceeding requested relief where lack of notice denies non-requesting party due process.
Family Law Aug. 24, 2015
Carson Harbor Village Ltd. v. City of Carson
City of Carson may deny proposed mobilehome park subdivision that is inconsistent with open space element of city's general plan.
Government Aug. 24, 2015
Lattimore v. Dickey
Survivor may maintain medical malpractice action against gastroenterologist for wrongful death of her father.
Torts Aug. 24, 2015
Banning Ranch Conservancy v. City of Newport Beach (Newport Banning Ranch)
Order
Aug. 21, 2015
Gerawan Farming v. Agricultural Labor Relations Board (United Farm Workers of America)
Order
Aug. 21, 2015
Tri-Fanucchi Farms v. Agricultural Labor Relations Board (United Farm Workers of America)
Order
Aug. 21, 2015
Williams v. Superior Court (Marshalls of CA)
Order
Aug. 21, 2015
People v. Castellano
Order
Aug. 21, 2015
Friends of the Santa Clara River v. County of Los Angeles (Newhall Land and Farming Company)
Order
Aug. 21, 2015
People v. Hightower
Order
Aug. 21, 2015
People v. Vega
Order
Aug. 21, 2015
Siringoringo v. Superior Court (People)
Order
Aug. 21, 2015
Diamond v. Reshko
Jury should be told about plaintiff and third party defendant's settlement agreement and exclusion of such evidence prejudices the other defendants.
Evidence Aug. 21, 2015
Fluor Corp. v. Superior Court (Hartford Accident & Indemnity Co.)
California Supreme Court overturns case law that placed limitations on assignment of third party liability insurance benefits to the extent it contravened Insurance Code Section 520.
Insurance Aug. 21, 2015
Lee v. Hanley
Client's claim against thieving attorney not time-barred under pertinent statute, as specific claim of conversion does not require proof that attorney violated 'professional' obligation.
Attorneys Aug. 21, 2015
Salazar-Gonzalez v. Lynch
Attorney's advice to illegal alien - that he forego one form of relief in order to seek other relief to which said alien was statutorily excluded – constitutes deficient performance.
Immigration Aug. 21, 2015
City of Oakland v. Lynch
Federal court lacks jurisdiction to preside over City of Oakland's lawsuit challenging government's forfeiture action targeting medical marijuana dispensary located in Oakland.
Civil Procedure Aug. 21, 2015
Bridewell-Sledge v. Blue Cross of California
Two class actions filed minutes apart are consolidated class actions and court should evaluate them as such when evaluating jurisdiction under Class Action Fairness Act.
Civil Procedure Aug. 21, 2015