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Rogers v. Ferriter
State proceedings pertaining to convict's sentence review, even when held in abeyance, qualify as 'pending' actions for purposes of AEDPA's statute of limitations tolling provision.
Prisoners Rights Aug. 5, 2015
Saucedo v. Farmland Management
Order
Aug. 5, 2015
People v. Soria
Defendant cannot be convicted of two counts of rape for a single act of intercourse; two counts must be consolidated.
Criminal Law and Procedure Aug. 4, 2015
Blixseth v. Yellowstone Mountain Club LLC
Order
Aug. 4, 2015
Brown-Hunter v. Colvin
Administrative Law Judge errs by failing to provide specific, clear and convincing reasons for rejecting Social Security claimant's testimony.
Administrative Agencies Aug. 4, 2015
Rounds v. Commissioner Social Security Administration
Discrepancies between vocational expert's testimony, Dictionary of Occupational titles, and determined residual functional capacity merit reconciliation in Supplemental Security Income claim.
Administrative Agencies Aug. 4, 2015
In re A.J.
Biological father's drug abuse and parole violations substantiate denial of visitation privileges, as does fact that he was not a 'presumed' father and, therefore, not a 'parent' for purposes of the pertinent statute.
Dependency Aug. 4, 2015
City of San Diego v. Bd. of Trustees of the Cal. State Univ.
Dictum from state Supreme Court ruling does not support CSU Board of Trustees' position that it has no power to contribute to mitigating off-campus impacts of proposed expansion.
Administrative Agencies Aug. 3, 2015
Isidora M. v. Silvino M.
Court errs in issuing mutual restraining order under Section 6305 of the Domestic Violence Protection Act absent affirmative request for orders by both parties.
Family Law Aug. 3, 2015
People v. Perez
Reduction of felony drug charge under Proposition 47 has no effect on felony failure to appear charge.
Criminal Law and Procedure Aug. 3, 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. 3, 2015
Newark Unifed School District v. Superior Court (Elizabeth Brazil)
Government Code Section 6254.5 is construed not to apply to an inadvertent release of privileged documents under the California Public Records Act.
Government Aug. 3, 2015
People v. Superior Court
Postconviction discovery motion in capital case overruled as it is not related to ongoing legal proceedings.
Criminal Law and Procedure Aug. 3, 2015
Doe v. San Diego-Imperial Council
Clear statutory language provides that person over 26 who files allegations of childhood sexual assault must first obtain a certificate of merit.
Civil Procedure Aug. 3, 2015
People v. Riley
Commercial bribery charges cannot be based upon events that occurred when accused was no longer employee of the pertinent institution.
Criminal Law and Procedure Aug. 3, 2015
Rancho Pauma Mut. Water Co. v. Yuima Mun. Water Dist.
Where water district substituted for defendant in earlier water rights action, original judgment is not ambiguous and, thus, binds water district under similar water usage limitations.
Water Rights Aug. 3, 2015
Sanchez v. Valencia Holding Co. LLC
Court of Appeal errs in finding arbitration agreement in car sales contract unconscionable under <EM>AT&T Mobility LLC v. Concepcion</EM>.
Consumer Law Aug. 3, 2015
United States v. Hernandez
Complaints of lack of reciprocity on file sharing site constitutes expectation of something of value in child pornography case, meriting sentencing enhancement.
Criminal Law and Procedure Aug. 3, 2015
France v. Johnson
In failure-to-promote claim, age discrimination can be established, even where superior who expressed preference for younger employees was not final decisionmaker in promotion.
Employment Law Aug. 3, 2015
WILDEARTH Guardians v. USDA
'Relaxed' second and third standing prongs in procedural enforcement action, plus out-of-date impact studies, substantiate standing in case relating to predator management.
Environmental Law Aug. 3, 2015
People v. Delapena
Prop 47's resentencing provision acts as savings clause equivalent; thus, the statute's reduced penalty provisions do not apply retroactively.
Criminal Law and Procedure Aug. 2, 2015
City of Petaluma v. Cohen
Department of Finance does not abuse its discretion in disapproving items relating to roadway project where no obligation exists to use bond proceeds specifically for project.
Government Aug. 2, 2015
In re M.W.
Past incident of domestic abuse between husband and wife does not constitute substantial risk of serious harm to minor.
Family Law Aug. 2, 2015
Marriage of Olson
Default judgment against mother in divorce proceeding does not preclude her from petitioning court to modify custody arrangement.
Family Law Aug. 2, 2015
Garcia v. Seacon Logix Inc.
Substantial evidence supports conclusion that truck drivers were employees, not independent contractors, of cargo transportation company when company exercised 'tremendous control' over them.
Labor Law Aug. 2, 2015
Sanders v. Yanez
Texas adoption of adult created a parent-child relationship; adopted child qualifies as 'issue' under trust.
Probate and Trusts Aug. 2, 2015
Mollett v. Netflix, Inc.
Video Privacy Protection Act allows disclosures about consumer to that consumer; thus, claims against Netflix for displaying users' viewing histories properly dismissed.
Consumer Law Aug. 2, 2015
T.B. v. San Diego Unified School District
Where district's settlement offer is not more favorable than ultimate relief obtained, special education student can receive attorney fees under Individual with Disabilities Education Act.
Education Aug. 2, 2015
U.S. v. Mark
Government's flimsy and controverted evidence that informant had become uncooperative and thus lost immunity should not have merited district court's ruling in government's favor.
Government Aug. 2, 2015
The Ray Charles Foundation v. Robinson
The Ray Charles Foundation has standing to challenge notices terminating copyright grants to third parties because its claims fell within statutory zone of interests.
Copyright Aug. 2, 2015