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Sheehan v. City and County of San Francisco
Order
Jul. 14, 2015
Foley v. Biter
Counsel's failure to notify client of denial of habeas petition constitute attorney abandonment and, coupled with defendant's diligence, warrants relief.
Criminal Law and Procedure Jul. 14, 2015
Johnson v. Federal Home Loan Mortgage Corp.
Homeowner's contractual claims against Freddie Mac fail where Freddie Mac never agreed to assume servicing obligations after purchasing homeowner's loan.
Contracts Jul. 14, 2015
People v. James
Trial court's failure to issue unconsciousness defense instruction warrants reversal of defendant's convictions related to bizarre incident.
Criminal Law and Procedure Jul. 14, 2015
Wong v. Beebe
Order
Jul. 13, 2015
California Dept. of Corrections and Rehabilitation v. California State Personnel Board (McCauley)
The first day on which subject employment commences or takes effect must be included in calculating civil service probationary period.
Government Jul. 13, 2015
McKenzie v. Ford Motor Co.
Comparison of auto-maker Ford's two compromise offers is erroneous and court abuses its discretion in denying consumer full attorney fee award.
Consumer Law Jul. 13, 2015
People v. Accredited Surety and Casualty Co. Inc.
Attempt to exonerate bail bonds fails as request to extend appearance period is based on information gathered too late
Criminal Law and Procedure Jul. 13, 2015
In re Boukatch
Bankruptcy Code does not prevent chapter 20 debtors from stripping unsecured junior liens despite the lack of eligibility for chapter 13 discharge.
Bankruptcy Jul. 13, 2015
MacKenzie v. Neidorf (In re Neidorf)
Debtor does not have to turnover post-petition payment received from national settlement between banks and regulators because it is not property of estate.
Bankruptcy Jul. 13, 2015
Amity Rubberized Pen Co. v. Market Quest Group Inc.
Where court lacks jurisdiction over patent case, transfer to Federal Circuit with exclusive jurisdiction is in interest of justice.
Intellectual Property Jul. 13, 2015
DKN Holdings LLC v. Faerber
Landlord may sue remaining parties who were jointly and severally liable on contract obligation in separate action even if landlord had already obtained judgment against an obligor.
Contracts Jul. 13, 2015
Pouzbaris v. Prime Healthcare Services-Anaheim
Order
Jul. 13, 2015
County of Los Angeles Board of Supervisors v. Superior Court (ACLU of Southern California)
Order
Jul. 13, 2015
People v. Aguirre
Order
Jul. 13, 2015
People v. Lazarus
Not an abuse of discretion to deny motion to dismiss where defendant is charged 23 years after crime once DNA evidence connects her to murder of ex-lover's wife.
Criminal Law and Procedure Jul. 13, 2015
People v. Weatherton
Signing of Harvey waiver during plea deal precludes defendant from objecting to culpability of actions during restitution hearing.
Criminal Law and Procedure Jul. 12, 2015
People v. Sigur
Consent defense to burglary inapplicable where defendant invades possessory interest in home in order to engage in sex acts with minor.
Criminal Law and Procedure Jul. 12, 2015
Siry Investments v. Farkhondehpour
Procedural rule change that occurred between appellate judgment and remittitur bears upon said case; application of changed rule not 'impermissible retroactivity.'
Civil Procedure Jul. 12, 2015
U.S. v. Ye
First paragraph of 18 U.S.C. Section 1542, prohibiting 'willfully and knowingly' making false statements on a passport application, does not require specific intent.
Criminal Law and Procedure Jul. 12, 2015
Kirkpatrick v. County of Washoe
County social workers not entitled to qualified immunity on newborn's Fourth Amendment unreasonable seizure claim where reasonable juror might find no imminent danger of bodily injury.
Civil Rights Jul. 12, 2015
ASARCO v. Celanese Chemical Co.
Smelter company's contribution claims under CERCLA Section 113 time-barred under three year statute of limitations.
Environmental Law Jul. 12, 2015
Marsh v. Colvin
Where an ALJ, in a disability benefits denial, fails to mention treating source's notes identifying disability applicant as 'nonfunctioning,' such error may not be harmless.
Administrative Agencies Jul. 12, 2015
U.S. v. Watson
Where DNA evidence may show actual innocence and defendant meets other requirements, Innocence Protection Act mandates DNA testing.
Criminal Law and Procedure Jul. 12, 2015
Sherman v. Hennessy Industries Inc.
Exception to rule barring liability for harm caused by another's product applies where manufacturer's asbestos-releasing machine contributes substantially to the harm.
Torts Jul. 9, 2015
T & A Drolapas v. SF Rent etc. Bd.
Though he was a child and not party to the original rental agreement signed by his parents, current San Francisco apartment occupant enjoys rent control protections after his parents move elsewhere.
Real Property Jul. 9, 2015
Olive v. CIR
As dispensary provided its numerous non-marijuana services without charge, its principal 'trade or business' was thus marijuana sales, disqualifying it from federal tax deductions for normal business expenses.
Taxation Jul. 9, 2015
U.S. v. Chan
Dismissal of petition for coram nobis relief reversed as court reasons definition of ineffective assistance of counsel established in United States v. Kwan can apply retroactively.
Criminal Law and Procedure Jul. 9, 2015
People v. Johnson
Kidnapping-murder special-circumstance finding and death sentence for second degree murder vacated because of incorrect simple kidnapping instruction and error on jury verdict form.
Criminal Law and Procedure Jul. 9, 2015
People v. Banks
Felony-murder special-circumstance finding must be reversed where getaway-driver defendant was not "major participant" in armed robbery.
Criminal Law and Procedure Jul. 9, 2015