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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
Carlson v. Home Team Pest Defense Inc.
Worker does not have to arbitrate wrongful termination action against former employee under unenforceable arbitration agreement that was both procedurally and substantively unconscionable.
Employment Law Aug. 18, 2015
In re A.C.
Lack of live expert testimony at pre-termination hearing does not prejudice father, where record provides enough evidence suggesting return of child to father would be harmful.
Dependency Aug. 18, 2015
Reyes v. Lewis
Postwarning confession must be suppressed where police officers violate 'Missouri v. Seibert.'
Criminal Law and Procedure Aug. 17, 2015
Demuth v. City of Los Angeles
Qualified immunity no defense for sheriff's deputy who arrests public defender to bring her to court.
Immunity Aug. 17, 2015
Crace v. Herzog
Person who brandished sword at police obtains habeas relief due to Washington Supreme Court failure to apply 'reasonable-probability' analysis as explicitly required under Strickland's prejudice prong.
Criminal Law and Procedure Aug. 17, 2015
Hamdan v. United States Department of Justice
Failure to undertake segregability analysis relating to Freedom of Information Act request warrants remand as to that issue.
Government Aug. 17, 2015
U.S. v. Rodriguez-Vega
Failure to inform client of 'virtually certain' deportation consequences stemming from conviction constitutes ineffective assistance of counsel, vacating conviction obtained through plea agreement in immigration case.
Immigration Aug. 17, 2015
First American Title Insurance Co. v. Spanish Inn Inc.
Title insurer obtains summary judgment in its favor in lawsuit seeking indemnity against borrower in mechanic's lien foreclosure actions.
Contracts Aug. 17, 2015
Sprint Telephony PCS L.P. v. State Board of Equalization
Sprint's failure to strictly comply with notice requirement by stating that property reassessment petition was also a claim for tax refund bars judicial tax-refund action.
Taxation Aug. 17, 2015
Connor v. First Student Inc.
Nothing in the Investigative Consumer Reporting Agencies Act or the Consumer Credit Reporting Agencies Act precludes application of both acts to both character and creditworthiness information.
Consumer Law Aug. 17, 2015
Fidelity National Financial v. Friedman
A registered judgment for the recovery of money or property may itself be registered in yet another district.
Remedies Aug. 17, 2015
People v. Preston
Trial court improperly imposes additional restitution fines following revocation of defendant's probation in all three of her cases.
Criminal Law and Procedure Aug. 14, 2015
People v. McCoy
Recidivist felon may not reduce one year supervised parole term imposed under Prop. 47 although he has excess presentence custody credits.
Criminal Law and Procedure Aug. 14, 2015
People v. Financial Casualty & Surety Inc.
Surety fails to demonstrate good cause to justify second extension of appearance period where investigator's efforts to locate defendant proved fruitless.
Criminal Law and Procedure Aug. 14, 2015
Great Oaks v. Santa Clara Valley Water Dist.
On rehearing, groundwater extraction fee is charge for water service and thus exempt from voter ratification under the California Constitution.
Taxation Aug. 14, 2015
Gradillas v. Lincoln General Insurance Co.
Order
Aug. 14, 2015
Hamilton v. Yates
Order
Aug. 14, 2015
People v. Lavalle
Order
Aug. 14, 2015
People v. Roy
Order
Aug. 14, 2015
People v. Spencer
Order
Aug. 14, 2015