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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
Hellam v. Crane
Trial court mistakenly allocates party's settlement as 'pre-verdict' warranting recalculation of defendant's settlements credit.
Civil Procedure Aug. 21, 2015
Chodos v. Borman
For post-judgment interest purposes, appellate ruling may be a modification, though it is 'couched in terms of a reversal,' if ruling has same practical effect as modification.
Civil Procedure Aug. 20, 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 Aug. 20, 2015
U.S. v. Rivera-Constantino
Prior federal conviction for conspiring to possess marijuana with intent it distribute warrants 16-level sentencing enhancement although conviction did not require overt act.
Criminal Law and Procedure Aug. 20, 2015
U.S. v. Chadwell
Allowing jury to view video exhibit in jury room is not abuse of discretion or violation of defendant's right to be present at all stages of trial.
Criminal Law and Procedure Aug. 20, 2015
People v. Shepard
Petitioner fails to challenge trial court's denial of his petition for certificate of rehabilitation on due process grounds but may file new petition.
Criminal Law and Procedure Aug. 20, 2015
People v. Eandi
Court lacks authority under Proposition 47 to amend complaint to redesignate felony failure to appear on felony charge to misdemeanor failure to appear on misdemeanor charge.
Criminal Law and Procedure Aug. 20, 2015
Association for Los Angeles Deputy Sheriffs v. Los Angeles Times Communications LLC
Union representing Los Angeles County Sheriff's Dept. deputies cannot prevent L.A. Times from reporting on Department's practices by accusing newspaper of possessing stolen confidential documents.
Civil Procedure Aug. 20, 2015
Warner v. CalPERS
A judge who becomes disabled may receive either disability or service retirement benefits under the Judges' Retirement System II Law, but not both.
Government Aug. 19, 2015
The Inland Oversight Committee v. County of San Bernardino (Colonies Partnership L.P.)
Anti-SLAPP motion inapplicable to public interest lawsuit filed by party challenging 2006 settlement between County of San Bernardino and property owner.
Civil Procedure Aug. 19, 2015
Colonies Partners L.P. v. Superior Court (The Inland Oversight Committee)
Validation judgment bars party's lawsuit against County of San Bernardino and property owner challenging $102 million settlement between County and property owner.
Civil Procedure Aug. 19, 2015
San Bernardino County v. Superior Court (The Inland Oversight Committee)
Party challenging County of San Bernardino's 2006 settlement agreement with property owner lacks taxpayer standing to bring lawsuit.
Civil Procedure Aug. 19, 2015
Williams v. Swarthout
Order
Aug. 19, 2015
Garcia v. Lynch
Statutory criminal bar does not preclude review of immigration judge's denial of offender's motion for further continuance to allow him to seek post-conviction relief.
Immigration Aug. 19, 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 Aug. 19, 2015
Patel v. City of Montclair
Police do not conduct a Fourth Amendment search merely by entering an area of private, commercial property that is open to the public.
Civil Rights Aug. 19, 2015
First Intercontinental Bank v. Ahn
California law, including Civil Code Section 1717(a), governs attorney fee dispute, rather than Georgia law specified in parties' agreement.
Civil Procedure Aug. 19, 2015
Universal Protection Service LP v. Superior Court (Parnow)
Reference to American Arbitration Association's National Rules for the Resolution of Employment Disputes reflect parties' intent to submit threshold issue of class arbitrability to arbitrator.
Contracts Aug. 19, 2015
Hi-Desert Medical Center v. Douglas
Res judicata bars hospitals' requests for financial reimbursement because hospitals could have requested monetary damages in original petition for writ of mandate.
Civil Procedure Aug. 19, 2015
Needelman v. DeWolf Realty Co. Inc.
Lessors defeat disruptive tenant's lawsuit challenging unlawful detainer action on res judicata grounds.
Real Property Aug. 19, 2015
Coppinger v. Rawlins
Property owners bound by predecessor's offer to dedicate property for public improvement where they fail to demonstrate county's acceptance of dedication was void or ineffectual.
Real Property Aug. 18, 2015
U.S. v. Pedrin
Where co-conspirator solicited work from government agent, and ATF agent confirmed defendant was willing to perform staged robbery, reverse sting operation is not 'outrageous government conduct' warranting dismissal.
Criminal Law and Procedure Aug. 18, 2015
Lopez-Valencia v. Lynch
Offender's petty theft conviction in California cannot be a predicate offense to support his removal.
Criminal Law and Procedure Aug. 18, 2015
People v. Blackburn
Trial court must personally advise mentally disordered defendant of right to jury trial and must obtain personal waiver before holding bench trial to extend commitment.
Criminal Law and Procedure Aug. 18, 2015
People v. Tran
Language in statutory scheme for extending involuntary commitment of insane defendants has same meaning as parallel language addressed in 'People v. Blackburn.'
Criminal Law and Procedure Aug. 18, 2015