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People v. Lopez
Appellate court declines to decide threshold matter of whether repeat drug offender is eligible for resentencing relief under Proposition 47.
Criminal Law and Procedure Jul. 22, 2015
Safeway Inc. v. Superior Court (Enrique Esparza et al.)
Supermarkets' petition for writ of mandate denied where class certification is based on practice of never paying premium wages for missed meal breaks when required.
Employment Law Jul. 22, 2015
People v. Rivas
Fingerprint identification neither new nor novel, does not merit <EM>Kelly</EM> hearing to determine admissibility
Criminal Law and Procedure Jul. 21, 2015
U.S. v. Aquino
Probationer's 'literally true' response to probation officer, though evasive and coy, does not give rise to violation of probation condition that requires probationer to 'answer truthfully' all inquiries of officer.
Criminal Law and Procedure Jul. 21, 2015
Bermudez v. Ciolek
Medical damages award to uninsured bystander must be reduced where award is based on amount incurred rather than reasonable value of past services.
Torts Jul. 21, 2015
K.B., a Minor
Juvenile court properly admits into evidence incriminating Instagram photos of juvenile posing with firearms based on foundation laid out by investigating officers.
Juveniles Jul. 21, 2015
People v. Lopes
Juvenile adjudication does not qualify as a prior violation so as to elevate a misdemeanor DUI offense to a felony under Vehicle Code Section 23550.5.
Criminal Law and Procedure Jul. 21, 2015
Law Offices of Marc Grossman v. Victor Elementary School District
Law firm entitled to attorney fees following successful mandamus proceeding; court abuses discretion in denying fees on ground that firm represented itself.
Government Jul. 21, 2015
Moncrief v. Clark
California attorney's lawsuit against Arizona attorney may proceed after trial court erroneously quashes service of summons for lack of personal jurisdiction.
Civil Procedure Jul. 21, 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 Jul. 21, 2015
Shaoxing City Maolong Wuzhong Down Products Ltd. v. Jeehn & Associates APC
Legal malpractice lawsuit filed more than one year from date former client suffered 'actual injury' is untimely and not subject to tolling.
Civil Procedure Jul. 21, 2015
People v. American Contractors IndemnityCo.
Parties allowed 60-day window, not 15, to object to untimely summary judgments in effort to exonerate bail bonds
Criminal Law and Procedure Jul. 21, 2015
Willard v. Kelley (Eric Woolery)
Orange County candidate not entitled to attorney fees under Elections Code Section 1021.5 for successfully defending against political opponent's peremptory writ of mandate.
Government Jul. 21, 2015
People v. Cowart
Trial court cannot order dementia-afflicted defendant to state hospital for felony involving death as hit and run statute's gravamen pertains to flight from scene, not death or injury.
Criminal Law and Procedure Jul. 20, 2015
U.S.A. v. Howard
Order
Jul. 20, 2015
U.S. v. Mahon
Scottsdale's Diversity Office has sufficient nexus to interstate commerce to support defendant's conviction involving pipe bomb explosion.
Criminal Law and Procedure Jul. 20, 2015
Haeger v. Goodyear Tire & Rubber Co.
After negligence case settles, likely due to serious discovery misconduct, district court may employ its inherent powers to apply discovery sanctions, even where statutes and rules provide similar sanctioning methods.
Attorneys Jul. 20, 2015
Baker v. Microsoft Corp.
It is an error of law and abuse of discretion to strike class action allegations in contravention of applicable precedent.
Civil Procedure Jul. 20, 2015
Pit River Tribe v. Bureau of Land Management
Tribe may pursue its Geothermal Steam Act and related claims against Bureau of Land Management, challenging continuation of geothermal leases over Medicine Lake Highlands.
Native American Affairs Jul. 20, 2015
Gage v. Chappell
Failure to exercise due diligence by failing to raise claims in first habeas petition results in denial of successive petition.
Criminal Law and Procedure Jul. 20, 2015
Even Zohar Construction & Remodeling Inc. v. Bellaire Townhouses LLC
Code of Civil Procedure Section 1008 governs renewed application for relief from default judgment under Section 473(b); consequently, failure to meet Section 1008 precludes relief from default judgment.
Civil Procedure Jul. 20, 2015
In re Marriage of Davis (Sheryl Jones and Keith Xavier)
'[L]iving separate and apart" under Family Code Section 771(a) requires spouses to live in separate residences when establishing date of separation.
Family Law Jul. 20, 2015
Z.V. v. County of Riverside
Foster child assaulted by social worker cannot hold Riverside County liable for assault because it occurred outside scope of social worker's duties.
Torts Jul. 19, 2015
U.S. v. Gonzalez-Corn
Removal order underlying illegal reentry charge is valid when based on qualifying felony conviction under the Controlled Substances Act.
Criminal Law and Procedure Jul. 19, 2015
Paulek v. Western Riverside County Regional Conservation Authority (Anheuser-Busch LLC)
Removal of conservation overlay is a 'project' under CEQA and is not subject to Class 7 or Class 8 exemptions under the Act.
Environmental Law Jul. 19, 2015
Dagher v. Ford Motor Co.
Used truck buyer lacks standing to sue manufacturer under California's lemon law, but may pursue action under federal lemon law.
Consumer Law Jul. 19, 2015
Flowers v. Prasad
Disabled person with service dog may bring claims under both Unruh Act and Disabled Persons Act because laws are not inconsistent.
Disability Discrimination Jul. 19, 2015
People v. Borynack
Realignment Act does not authorize court to suspend execution of sentence for defendant convicted under Destructive Devices and Explosives Chapter of Penal Code.
Criminal Law and Procedure Jul. 19, 2015
People v. Lopez
Order
Jul. 17, 2015
People v. Prescott
Order
Jul. 17, 2015