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Name Category Published
People v. Diaz
Striking enhancement based on conviction designated a misdemeanor under Prop. 47 is premature because of failure to first seek re-designation from court of conviction.
Criminal Law and Procedure Jul. 28, 2015
Golba v. Dick's Sporting Goods
Attorney fees section of settlement deemed illegal as counsel for plaintiffs 'practiced law in California' without pro hac vice admission.
Attorneys Jul. 27, 2015
Chadd v. United States of America, National Park Service
Discretionary function exception applies to National Park Service's decision to use non-lethal methods to manage goat who killed visitor, thus barring tort suit.
Torts Jul. 27, 2015
Tulalip Tribes v. Suquamish Indian Tribe (United States of America, et al.)
Tulalip Tribe fails to meet burden that contested areas should be excluded from Suquamish Indian Tribe's 'usual and accustomed' fishing grounds and stations.
Native American Affairs Jul. 27, 2015
Chinatown Neighborhood Association v. Harris
Parties that previously engaged in cultural practices and commerce involving shark fins fail to overturn California's Shark Fin Law.
Constitutional Law Jul. 27, 2015
Estate of Duke
Unambiguous will may be reformed to conform to testator's intent if clear and convincing evidence establishes mistake and testator's specific intent.
Probate and Trusts Jul. 27, 2015
Dietz v. Bouldin
In first impression review, court justified in re-empanelling jury 'moments' after dismissal to correct verdict error as inquiry satisfies issue of outside influence.
Civil Procedure Jul. 26, 2015
U.S. v. Santos-Flores
Order
Jul. 26, 2015
Marriage of Oliverez
Second trial judge errs in reconsidering and vacating prior judge's ruling over mere disagreement in highly contentious divorce case.
Judges Jul. 26, 2015
People v. Andrade
One Strike Law does not authorize only one life term per victim; multiple life terms can be imposed for each eligible offense.
Criminal Law and Procedure Jul. 26, 2015
Rutledge v. Hewlett-Packard
Debate over inadequacies of HP tablet notebook constitute issues of fact, not law, invalidating summary judgment of lower court.
Administrative Agencies Jul. 23, 2015
People v. LaBlanc
Because superior court denied civilly-committed SVP's petition as frivolous based upon a misapprehension as to the original commitment jury's ruling, superior court erred.
Criminal Law and Procedure Jul. 23, 2015
Stormans Inc. dba Ralph’s Thriftway v. Weisman
Washington rules requiring timely delivery of all prescription medication passes constitutional muster despite parties' religious objections.
Constitutional Law Jul. 23, 2015
California Building Industry Association v. State Water Resources Control Board
Order
Jul. 23, 2015
Delano Farms Co. v. California Tabor Grape Commission
Order
Jul. 23, 2015
BNSF Railway Co. v. Superior Court (Kralovetz)
Order
Jul. 23, 2015
People v. Magat
Order
Jul. 23, 2015
People v. Sek
Order
Jul. 23, 2015
People v. Williams
Order
Jul. 23, 2015
Alejandro N. v. Superior Court (People)
In lead case, Proposition 47's offense reclassification provisions under Penal Code Section 1170.18 applies to juvenile offenders, authorizing redesignation of juvenile felony to misdemeanor.
Administrative Agencies Jul. 23, 2015
People v. Pinon
Trial court errs in imposing period of parole in resentencing offender under Prop. 47, without accounting for custody credits and where resulting period exceeded remainder of his post-release community supervision.
Criminal Law and Procedure Jul. 23, 2015
Double Bogey L.P. v. Enea
Debtor may not be considered a fiduciary under Bankruptcy Code Section 523(a)(4) solely by application of California's alter ego doctrine.
Bankruptcy Jul. 22, 2015
United States v. Torres
Testimony of questions asked by an out-of-court declarant constitutes inadmissible hearsay evidence, as truth of the matter is 'implicitly' asserted.
Criminal Law and Procedure Jul. 22, 2015
State of Idaho v. Coeur d'Alene Tribe
Coeur d'Alene Tribe's sovereign immunity is abrogated where Hold'em poker game is Class III gaming prohibited by Tribal-State compact.
Gaming Jul. 22, 2015
Christian H., a Minor
Juvenile court's dispositional order ordering juvenile's return to Honduras is overturned because court abused its discretion in finding that his return was not in his best interest.
Juveniles Jul. 22, 2015
Marshall v. County of San Diego
Social workers entitled to qualified immunity when they provide notice to prospective adoptive parent and there is no evidence they made false statements before removing child.
Family Law Jul. 22, 2015
People v. Murillo
Where amateur rapper threatens death to (and cites names of) rape victims, said rap may constitute genuine threat such that charges should survive preliminary examination.
Criminal Law and Procedure Jul. 22, 2015
Navarrete v. Meyer
Passenger may be liable for encouraging driver to race through dips, causing car to go airborne and fatally strike father.
Torts Jul. 22, 2015
Castaic Lake Water Agency v. Newhall County Water District
No Brown Act violation occurs where notice given by public agency regarding closed session to discuss potential lawsuit is in substantial compliance with the Act.
Government Jul. 22, 2015
Dept. of Corrections and Rehabilitation v. Workers’ Compensation Appeals Board
Workers' compensation death benefits for widow of former prison guard is annulled due to WCAB's failure to address widow's entitlement to special death benefits under PERS.
Workers' Compensation Jul. 22, 2015